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.
Title: New York Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt Introduction: In the state of New York, debtors have certain rights when it comes to dealing with debt collectors. One of these rights is the ability to request that a debt collector stop contacting them regarding an alleged debt. This letter serves as a detailed description and template for sending a New York Letter Informing Debt Collector to Cease Communications with the Debtor and to emphasize that the debtor refuses to pay the alleged debt. Content: 1. Opening: [Your Name] [Your Address] [City, State, ZIP] [Date] [Debt Collector's Name] [Address] [City, State, ZIP] Subject: Cease Communications Concerning Alleged Debt for [Debtor Name], Account No: [Account Number] 2. Introduction: Dear [Debt Collector's Name], I am writing to formally request that your agency immediately cease all communications with me regarding the alleged debt associated with [Debtor Name] and account number [Account Number]. I also want to emphasize that, after careful review and consideration, I refuse to acknowledge, accept, or repay the alleged debt. 3. Assertion of Rights: As it is clearly stated under the Fair Debt Collection Practices Act (FD CPA) and New York debt collection laws, debtors have the right to request that debt collectors stop contacting them regarding a specific debt. In accordance with these laws, I am exercising my rights and kindly asking that you respect and adhere to this request. 4. Documentation: To support my request, I kindly request that you provide me with written confirmation that my request has been received and will be complied with. Furthermore, I expect that your agency will halt all communication efforts, including phone calls, letters, and any other means of contact, except as required by law. 5. Legal Reminder: Please be reminded that any further communication attempts in violation of my request will be considered a breach of the FD CPA and New York debt collection laws. Pursuant to these laws, I reserve the right to take appropriate legal action to seek remedies for any violations. 6. Verification of Debt and Dispute Resolution: If the alleged debt remains unresolved, I request that you provide me with documented evidence that substantiates the validity of the debt, including details of the original creditor, the initial amount owed, details of any interest or fees applied, and any other relevant information. Once I have received this information, I will evaluate the evidence and, if necessary, proceed with any appropriate dispute resolution processes. 7. Closing: I trust that you will respect my rights as a debtor and comply with this request promptly. Failure to do so may result in legal actions being pursued against your agency. I look forward to receiving your written acknowledgment confirming that all communication efforts will be immediately discontinued. Sincerely, [Your Name] [Debtor's Address] [City, State, ZIP] Additional Types of New York Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt: While the template described above is suitable for most cases, specific letter variations might include: 1. Letter Informing Debt Collector to Cease Communications with Debtor on an Outdated or Time-Barred Debt 2. Letter Informing Debt Collector to Cease Communications with Debtor on an Alleged Debt Already Paid or Settled 3. Letter Informing Debt Collector to Cease Communications with Debtor on a Disputed Debt These variations cater to specific scenarios where the debtor's circumstances may differ, requiring personalized content within the New York letter.
