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 New York Letter Informing to Debt Collector to Cease Communications with Debtor is a formal and legally binding document used by individuals who wish to stop debt collectors from contacting them in regard to their outstanding debts. This letter is specifically for residents of New York who are protected by the Fair Debt Collection Practices Act (FD CPA) and the New York State Debt Collection Procedures Law (DCL). The purpose of this letter is to notify the debt collector that their continued communications with the debtor are unwanted and not allowed under the aforementioned laws. By sending this letter, the debtor is exercising their rights to have the debt collector cease all forms of communication, including phone calls, letters, emails, text messages, and any other means of contact. Several important elements should be included in a New York Letter Informing to Debt Collector to Cease Communications with Debtor: 1. Debtor information: Begin the letter by providing the debtor's full name, address, and any relevant account number associated with the debt. 2. Debt collector information: Include the debt collector's name, address, and any known contact details. It is crucial to accurately identify the entity that has been attempting to collect the debt. 3. Statement of intent: Clearly state that the purpose of the letter is to exercise the debtor's rights under the FD CPA and DCL, and to request immediate cessation of all communications regarding the debt. 4. Assertion of legal rights: State that the debtor is aware of their rights under the FD CPA and DCL, and that they are entitled to be free from harassment and unwarranted communications. 5. Demand for cessation of communication: Explicitly instruct the debt collector to cease all communications related to the debt, including calls, letters, emails, text messages, and any other methods of contact. Emphasize that any further communication will be considered a violation of the law. 6. Verification of debt: If applicable, request that the debt collector provide proof or validation of the debt they are attempting to collect. This is important for ensuring the accuracy of the debt and protecting the debtor's rights. 7. Documentation of receipt and notification: Clearly state that the debtor expects written confirmation of receipt of the letter, along with a written agreement from the debt collector that they will no longer contact the debtor. It is crucial to keep a copy of the letter and send it via certified mail with a return receipt requested. This will serve as evidence of the debtor's attempt to stop communications and can be used to support any potential legal actions against the debt collector in case of non-compliance. Different types of New York Letter Informing to Debt Collector to Cease Communications with Debtor may include variations in language, tone, and specific legal references. Some individuals may choose to consult an attorney or use templates found online to draft their letters, tailoring them to their individual circumstances. However, in all cases, the letter should clearly and unequivocally convey the debtor's request for the debt collector to cease all communications.
