Section 807 of the Fair Debt Collection Practices Act, 15 U.S.C. Section 1692e, provides, in part, as follows: "A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(4) The representation or implication that nonpayment of any debt will result in the . . . seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action."
Orange, California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages Subject: Cease and Desist Letter to Debt Collector — Misrepresentations Regarding Debt Collection Practices Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to express my grave concern regarding the collection activities that your company has conducted in regard to the alleged debt associated with my name. It has come to my attention that your representatives have been making false and misleading statements, specifically misrepresenting the consequences of nonpayment. Upon careful examination, I have discovered that your collectors have explicitly stated that failure to settle this debt will result in the seizure, garnishment, attachment, or even sale of my property and wages. These egregious misrepresentations are not only unethical but also violate federal and state laws governing debt collection practices. It is important to highlight that the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act strictly prohibit the use of deceptive or false statements in an attempt to coerce or mislead individuals into settling their debts. Such unfair collection practices undermine the rights and protections afforded to me as a debtor. I hereby demand that you immediately cease and desist from engaging in any further misrepresentation of the consequences associated with nonpayment of this debt. Any future communication regarding this matter should strictly adhere to the factual and accurate information surrounding debt collection practices. Failure to cease these misleading collection activities will leave me with no choice but to pursue legal action to seek remedies under the FD CPA and related state statutes. I am fully aware of my rights as a consumer and will not hesitate to exercise them to protect myself from any further harm caused by your improper debt collection tactics. To ensure clarity and transparency, I kindly request that you respond to this letter within [number of days, typically 30 days] to confirm your receipt of this cease and desist notice. Additionally, I expect a written assurance from your company that you will immediately halt any and all future misrepresentations regarding the consequences of nonpayment. Please be aware that any response should be in writing and sent via certified mail, return receipt requested, to the address listed below: [Your Name] [Your Address] [City, State, ZIP Code] Thank you for your immediate attention to this matter. I trust that you will take the necessary steps to rectify the misleading collection activities and ensure compliance with applicable laws and regulations. Sincerely, [Your Name]Orange, California Letter Informing Debt Collector of False or Misleading Misrepresentations in Collection Activities — Falsely Representing that Nonpayment of any Debt Will Result in the Seizure, Garnishment, Attachment, or Sale of any Property or Wages Subject: Cease and Desist Letter to Debt Collector — Misrepresentations Regarding Debt Collection Practices Dear [Debt Collector's Name], I hope this letter finds you well. I am writing to express my grave concern regarding the collection activities that your company has conducted in regard to the alleged debt associated with my name. It has come to my attention that your representatives have been making false and misleading statements, specifically misrepresenting the consequences of nonpayment. Upon careful examination, I have discovered that your collectors have explicitly stated that failure to settle this debt will result in the seizure, garnishment, attachment, or even sale of my property and wages. These egregious misrepresentations are not only unethical but also violate federal and state laws governing debt collection practices. It is important to highlight that the Fair Debt Collection Practices Act (FD CPA) and the California Rosenthal Fair Debt Collection Practices Act strictly prohibit the use of deceptive or false statements in an attempt to coerce or mislead individuals into settling their debts. Such unfair collection practices undermine the rights and protections afforded to me as a debtor. I hereby demand that you immediately cease and desist from engaging in any further misrepresentation of the consequences associated with nonpayment of this debt. Any future communication regarding this matter should strictly adhere to the factual and accurate information surrounding debt collection practices. Failure to cease these misleading collection activities will leave me with no choice but to pursue legal action to seek remedies under the FD CPA and related state statutes. I am fully aware of my rights as a consumer and will not hesitate to exercise them to protect myself from any further harm caused by your improper debt collection tactics. To ensure clarity and transparency, I kindly request that you respond to this letter within [number of days, typically 30 days] to confirm your receipt of this cease and desist notice. Additionally, I expect a written assurance from your company that you will immediately halt any and all future misrepresentations regarding the consequences of nonpayment. Please be aware that any response should be in writing and sent via certified mail, return receipt requested, to the address listed below: [Your Name] [Your Address] [City, State, ZIP Code] Thank you for your immediate attention to this matter. I trust that you will take the necessary steps to rectify the misleading collection activities and ensure compliance with applicable laws and regulations. Sincerely, [Your Name]
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.
