When to Send a Cease and Desist Letter to a Debt Collector
Learn when and how to use a cease and desist letter to stop debt collector harassment under the Fair Debt Collection Practices Act.
What is a Cease and Desist Letter?
A cease and desist letter is your legal right under the FDCPA to demand that a debt collector stop contacting you. Once a collector receives your written request, they can only contact you to confirm they're stopping communication or to notify you of specific legal action like a lawsuit.
When Should You Send One?
Send a cease and desist letter when a collector harasses you with excessive calls, contacts you at work after you've asked them to stop, calls outside of 8am-9pm hours, uses abusive language, threatens illegal action, or discusses your debt with third parties. You can also send one if you simply want all communication to stop.
Important Considerations
Understand that stopping communication doesn't eliminate the debt. The collector can still report to credit bureaus, sell the debt to another collector, or file a lawsuit. A cease and desist letter is most appropriate when you dispute the debt, it's beyond the statute of limitations, or the collector is violating FDCPA rules.
What to Include
Your letter must include: your name and address, the collector's name and address, account or reference number, clear statement demanding they cease all communication, date, and your signature. You may specify acceptable contact methods like mail-only if you don't want complete cessation.
How to Send It
Send via certified mail with return receipt requested to prove delivery. Keep copies of the letter and all documentation. The cease and desist takes effect immediately upon receipt—any contact after that (except for allowed notices) violates the FDCPA and creates grounds for legal action.
What Happens After
Most collectors comply immediately to avoid FDCPA violations. If they contact you after receiving your letter (except for allowed notices), document the violation and consult a consumer rights attorney. You may be entitled to statutory damages up to $1,000 plus actual damages and attorney fees.
Conclusion
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