Under the FDCPA, you have the right to demand that the collection agency stop communicating with you. This may be because you simply refuse to pay, or because you think you donít owe this debt, or perhaps you think they donít have the right to collect from you for whatever reason (perhaps because of the Statute of Limitations). Quoting:
If a consumer notifies a debt
collector in writing that the consumer refuses to pay a debt or that the
consumer wishes the debt collector to cease further communication with the
consumer, the debt collector shall not communicate further with the consumer
with respect to such debt, exceptó
This is done with a Cease and Desist letter.
I have used a cease and desist letter very effectively when I know the collector has little evidence left of the original debt (canít validate) or if the debt is time-barred by the Statue of Limitations of the state in question.
A cease and desist letter legally compels the collector to stop writing or calling you at home or work, but keep in mind that, if the creditor has full intentions of pursuing the debt, they have the option of going through the courts and you may soon thereafter be sued.
Sample Cease and Desist Letter to a debt collector:
(Their Name and Address here)
RE: (Acct. No. here)
This is to FORMALLY request that you cease and desist from contacting me in this and any and all related matters, except via United States Mail, and only then to inform me that you are terminating all efforts to collect or that you are taking specific court or legal action.
Thank you for your prompt attention to this matter.
As always, send certified with a return receipt requested and keep copies of everything.
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