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 Ohio, a Letter Informing a Debt Collector to Cease Communications with a Debtor is a written request made by a debtor to a debt collector to stop all further communication related to a debt. This letter helps protect the debtor's rights under the Fair Debt Collection Practices Act (FD CPA) and provides an opportunity for the debtor to address the debt in a way that is suited to their financial situation. Key elements to include in the letter are as follows: 1. Identification: Begin the letter by clearly identifying yourself, the debtor, by stating your full name, address, and phone number. This helps the debt collector verify your identity and accurately locate your debt account. 2. Debt Information: Provide accurate details regarding the debt in question. Include the debt account number, the original creditor's name, the outstanding balance, and the date of the last payment or activity on the account. If the debt collector has already provided written communication, reference their correspondence or any prior conversations. 3. Statement of Intent: Clearly express your desire for the debt collector to cease all communication. State that you do not wish to be contacted by phone, mail, or any other means regarding the debt. Emphasize that this request extends to any third parties affiliated with the debt collector, such as collection agencies or attorneys. 4. Legal Rights: Mention that you are aware of your rights under the FD CPA and assert that the debt collector has violated these rights in their previous communication attempts. Point out any specific violations, such as incessant calls or harassment. 5. Consequences of Non-Compliance: Remind the debt collector that failure to respect your request may result in legal action. Indicate that you are aware of your rights to sue under the FD CPA in case of continued communication, and that you will not hesitate to exercise those rights. 6. Documentation: Request written confirmation within a specific timeframe (e.g., 15 days) that the debt collector has received and will comply with your request to cease communication. Instruct them to respond by mail and provide an alternative address if necessary. 7. Cease Collection Activity: Lastly, specify that while you have requested an end to communication, this does not absolve the debt. State that you still expect the debt collector to validate the debt and provide documentation if they wish to pursue any further collection efforts. However, reiterate that all communication must cease until and unless they provide the requested documentation. There are no specific variations of the Ohio Letter Informing to Debt Collector to Cease Communications with a Debtor. However, letters can be customized to suit specific circumstances, such as acknowledging partial payment or proposing a repayment plan. It is crucial to consult with an attorney or a reputable legal resource to understand the specific laws and regulations in Ohio that may apply to your situation.
