Cease and Desist
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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

(1) to advise the consumer that the debt collectorís further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

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:

Date here

(Their Name and Address here)

RE: (Acct. No. here)

Dear Sir/Madam:

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.

Sincerely,

                   Sign here                 
Your name and address here

 

As always, send certified with a return receipt requested and keep copies of everything.


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