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.
San Jose, California — Letter Informing a Debt Collector to Cease Communications with Debtor Dear [Debt Collector's Name], I am writing to formally request that you immediately cease all communications, both in writing and via phone, regarding the alleged debt assigned to your agency. As per the guidelines set forth in the Fair Debt Collection Practices Act, 15 USC 1692c(c), I am exercising my right to have all further communication regarding this debt discontinued. This letter serves as a formal notification that I dispute the validity of the debt in question and request validation of the alleged debt, as it is my right under the Fair Debt Collection Practices Act, 15 USC 1692g. Until such time that you can provide valid substantiation for the alleged debt, I expect all collection efforts to cease immediately. Moreover, I would like to bring your attention to the laws set forth by California's Rosenthal Fair Debt Collection Practices Act (RFD CPA), which offers further protection to debtors. Specifically, RFD CPA section 1788.17 prohibits debt collectors from contacting consumers once a written request for communication cessation has been received, unless they are providing documentation concerning the debt or addressing a legal notification. It is important that you understand that failure to comply with these requests may result in legal action being taken against you and your agency, as well as a formal complaint being filed with the Federal Trade Commission and the California Attorney General. I am well aware of my rights and will not hesitate to take appropriate action to ensure they are upheld. Please consider this letter as a final warning to cease all communication related to this debt, except for any documentation proving its validity or any notice concerning legal action. I expect immediate compliance with these requests, and any further contact from your agency in the absence of the aforementioned exceptions will be considered a violation of the above-mentioned laws. To facilitate this process, I kindly request that you acknowledge receipt of this letter in writing. Please provide a written confirmation that my request has been received and action has been taken to cease all further communication efforts related to this debt. Your prompt attention to this matter is greatly appreciated. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] Note: This letter is a sample and should be personalized according to your situation and local laws. It's recommended to consult with a legal advisor before sending any legal documentation. Different types of San Jose, California — Letter Informing a Debt Collector to Cease Communications with Debtor can include: 1. Standard Debt Collection Cease Communication Letter: This is a basic letter template requesting the debt collector to stop contacting the debtor. 2. Debt Validation Request and Cease Communication Letter: This type of letter goes beyond simply requesting the debt collector to cease communication, as it also requires them to provide validation of the alleged debt before any further action is taken. 3. Cease Communication Letter under the Fair Debt Collection Practices Act (FD CPA): This type of letter specifically cites the FD CPA and informs the debt collector of the debtor's rights under the Act, emphasizing the debtor's request for all communication to cease immediately. 4. Cease Communication Letter under the Rosenthal Fair Debt Collection Practices Act (RFD CPA): This variation of the letter is applicable within the state of California and emphasizes the debtor's rights under the RFD CPA, specifically citing the relevant section that prohibits further contact upon written request. Remember, these variations serve as examples, and it's important to personalize them according to your specific circumstances and consult a legal professional if needed.
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.
