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.
A Louisiana Letter Informing to Debt Collector to Cease Communications with Debtor is a formal written notice sent to a debt collector requesting them to stop contacting a debtor regarding a specific debt. This letter is based on the Fair Debt Collection Practices Act (FD CPA), which allows debtors to request that collectors cease communication under certain circumstances. The purpose of this letter is to assert the debtor's right to privacy and control over communication with the debt collector. It is important to note that this letter is not a way to evade or avoid legitimate debts but rather a means to establish boundaries and manage the collection process. When drafting the letter, it is crucial to include the following relevant keywords to ensure its effectiveness: 1. Debtor's information: Begin the letter by providing the debtor's full legal name, address, and contact information. This information should match the debtor's details as known to the debt collector. 2. Debt collector's information: Include the debt collector's full name, address, and contact information. This information can typically be found on any communication received from the debt collector. 3. Cease communication: Clearly state that the purpose of the letter is to exercise the right to demand the debt collector to cease all communication with the debtor regarding the specified debt. Use strong and direct language to convey the request. 4. Debt information: Include relevant details about the debt, such as the account number, the original creditor's name, and the amount owed. This information will help the debt collector identify the specific debt in question. 5. FD CPA reference: Reference the Fair Debt Collection Practices Act to assert the debtor's rights and to inform the debt collector that the request to cease communication is being made in accordance with this federal law. 6. Proof of receipt: Request confirmation that the debt collector has received the letter by including a statement such as, "Please provide written confirmation of your receipt of this letter within 10 days." If there are different types of Louisiana Letter Informing to Debt Collector to Cease Communications with Debtor, it would depend on the specific circumstances of the debt and the debtor. For example, there might be separate letters for different accounts or debts. However, the general structure and content described above would still apply. It is crucial to keep a copy of the letter and to send it via certified mail with a return receipt requested. This will serve as evidence of the debtor's request and can be used in case of any future disputes or violations of the FD CPA. Overall, the Louisiana Letter Informing to Debt Collector to Cease Communications with Debtor is an essential tool for debtors exercising their rights and setting boundaries with debt collectors.
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.