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.
In Mississippi, if an individual wishes to inform a debt collector to cease all communications regarding an alleged debt and also refuses to pay, they may opt to send a Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt. This letter serves as an official request to stop all contact in relation to the debt. When drafting the letter, it is important to include relevant information about the debt, provide clear communication instructions, and reference the applicable laws and regulations. Additionally, the letter should be concise, formal, and assertive in ensuring that the debt collector understands the debtor's intentions. Here is an outline to guide the creation of the letter: 1. Header: Include the debtor's full name, address, and contact information at the top of the letter. 2. Date: Insert the date on which the letter is being written. 3. Debt Collector Details: Include the name, address, and contact information of the debt collector or collection agency. 4. Reference Debt Information: Clearly state the details of the alleged debt that the debtor is disputing, such as the account number, date of the debt, and any other relevant information. 5. Assertion of Rights: Inform the debt collector that the debtor is aware of their rights under the Fair Debt Collection Practices Act (FD CPA) and the Mississippi Consumer Protection Act (MCPA). Mention that the debtor is exercising their rights as a consumer and requests immediate cessation of all communication regarding the debt. 6. Cease Communication Order: Request that the debt collector cease all communication with the debtor, including phone calls, written correspondence, and any other form of contact. Make it clear that the debtor prefers all communication to be conducted in writing from that point forward. 7. Legal Consequences Reminder: Mention that any further attempts to contact the debtor, aside from certain legally permissible reasons, will be considered a violation of the FD CPA and the MCPA. State that the debtor reserves the right to pursue legal action if these violations occur. 8. Refusal to Pay Alleged Debt: Clearly state that the debtor refuses to pay the alleged debt and does not acknowledge any liability or obligation for it. Emphasize that any attempts to collect or pursue legal action on the debt will be met with a strong defense. 9. Request for Confirmation: Ask the debt collector to send a written confirmation within a specific timeframe (usually 30 days) that they have received and will comply with the debtor's request to cease communication. 10. Proof of Debt: If the debtor feels there is any error in the claimed debt, demand that the debt collector provide proper validation of the debt in accordance with the FD CPA. 11. Closing: Thank the recipient for their attention to the matter and sign off with the debtor's name and signature. Different types of Mississippi letters informing debt collectors to cease communications with the debtor and refuse payment of alleged debts may include variations in tone, language, or specific legal references. However, the main objective remains consistent — to assert the debtor's rights and request a halt in communication regarding the disputed debt.
