Once a debt collector receives written notice from a consumer that the consumer refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease communications with the consumer except:
To advise the consumer that they are terminating their debt collecting efforts;
To notify the consumer that the debt collector or creditor may invoke specified remedies which they ordinarily invoke; and
To notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
Title: Understand the Guam Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt Introduction: In the United States, debtors have rights that protect them from harassment and unfair debt collection practices. One such document is the Guam letter informing a debt collector to stop contacting the debtor regarding an alleged debt. This informative article will provide you with a detailed description of what a Guam letter is, its purpose, and the necessary elements required for drafting one. Additionally, we will explore various situations where debtors may use different types of Guam letters in response to alleged debts. 1. What is a Guam Letter? A Guam letter, also known as a cease and desist letter, is a written correspondence sent by a debtor to a debt collector or creditor to halt all communication regarding an alleged debt. This type of letter is an essential tool used by debtors to exercise their rights and protect themselves against, harassment, false threats, or other unfair debt collection practices. 2. Purpose of a Guam Letter: The main purpose of a Guam letter is to formally request that a debt collector or creditor ceases all communication with the debtor. By sending a Guam letter, debtors are often exercising their rights under the Fair Debt Collection Practices Act (FD CPA) or other applicable laws. The letter establishes clear boundaries, demanding that the debt collector refrains from contacting the debtor further. 3. Elements of a Guam Letter: — Full identification: The debtor's complete name, address, and contact details. — Debtor's account information: Include any relevant account numbers or references. — Collection agency details: Include the name, address, and contact details of the debt collection agency. — Alleged debt details: Briefly state the reason for the letter and the alleged debt, including dates and amounts. — Cease communication request: Clearly state that the debtor refuses to pay the alleged debt and requests the debt collector to cease all communication. — Legal rights reference: Include a reference to the debtor's rights under the FD CPA and any applicable state laws. — Delivery method and date: Specify how the letter will be sent (e.g., certified mail) and the date of the letter. 4. Different Types of Guam Letters: While the fundamental purpose of a Guam letter remains the same, debtors may use them in various situations, such as: — Initial Cease and Desist Letter: Sent to request the debt collector to stop contacting the debtor after the first communication regarding an alleged debt. — Validation of Debt Letter: If the debtor believes the alleged debt is not accurate, this letter requests the debt collector to provide proof of the debt's validity. — Harassment Cease and Desist Letter: Sent when a debtor experiences continuous harassment from a debt collector, demanding immediate cessation of all communication. — Attorney Representation Letter: When a debtor has legal representation, this letter informs the debt collector and instructs them to direct all communication to the attorney. Conclusion: Sending a Guam letter to a debt collector is an effective way for debtors in Guam and the United States to assert their rights and protect themselves against unfair debt collection practices. By understanding the purpose and elements of a Guam letter, debtors can take necessary action and bring relief from harassment, ensuring fair treatment during the debt collection process.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
