The Role of a Cease and Desist Letter in Dealing with Debt Collectors
The Role of a Cease and Desist Letter in Dealing with Debt Collectors
These days, more Americans than ever before are being inundated with debt collection calls and letters. The high unemployment rate and an economy that is wobbly at best mean that there are fewer dollars to go around. Throw in unexpected car repairs or a trip to the emergency room, and a tentative financial situation can slide into catastrophe. The result is that unpaid bills go into collection, the phone starts ringing off the hook, and the mailbox is stuffed with letters from debt collectors. It's not a pretty situation, but one that you can control.
While it's tempting to look the other way and put your head in the sand, those strategies won't stop the calls and letters. The only thing that may is what's called a cease and desist letter. When you send a cease and desist letter to a debt collection agency, the law says that they must stop calling you and writing to you. In fact, the Fair Debt Collection Practices Act says that, after receiving such a letter, the debt collection agency may only contact you again if they have decided to stop collecting on the debt or if they have decided to take legal action.
If you decided to send a cease and desist letter, you should date it, include your name and address, and include the collector's name and address. You should reference FDCPA Section 805(c), and write that you want them to stop calling you at home, at work, on your cell phone, or at any other location. Also note that you don't want them to send you written or electronic communication. Further, instruct them not to communicate (over the telephone or in writing) with any of your acquaintances, friends, coworkers, or family members, in accordance with section 805(b)2 of the Fair Debt Collection Practices Act. Let them know that you're aware of your rights, and that you will be tape recording any further phone calls. Finally, tell them that you will take the legal actions that are available to you if they continue to harass you.
When you send your letter, make sure to keep a copy, and send the letter via certified mail with a return receipt requested. This will provide proof that the debt collector received the letter.
What can you expect after you send the letter? If the debt collector abides by the law, they won't contact you again (unless, as mentioned above, they intend to stop collection efforts or decide to pursue legal action). This doesn't mean that you no longer owe the money (if the debt is yours to pay); it does mean that you will no longer be harassed.
If you continue to receive calls and letters after sending your cease and desist letter, it's time to contact a fair debt attorney. The debt collector has violated the Fair Debt Collection Practices Act, and you have the right to sue him in federal court. Doing so shouldn't cost you any money, as the FDCPA says that debt collectors have to pay your attorney fees if they violate the Act.
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