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: Ohio Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt Introduction: In Ohio, individuals have the right to stop debt collectors from contacting them regarding an alleged debt. This can be done through a formal letter known as an "Ohio Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt." This letter serves as a legal request for the debt collector to refrain from further communication while also explicitly stating the debtor's refusal to pay the disputed debt. The following sections outline the key components and potential variations of this letter. 1. Header: Include the sender's personal information, including full legal name, current address, city, state, ZIP code, phone number, and email address, aligned to the left margin. 2. Date: Insert the current date aligned to the left margin, two lines below the sender's information. 3. Debt Collector's Information: Include the name and address of the debt collector or collection agency to whom the letter is addressed. Align this information to the left margin, two lines below the date. 4. Opening Paragraph: Address the debt collector or collection agency directly and introduce the purpose of the letter. Clearly state that this is an official request to stop any further communication regarding the alleged debt. 5. Debt Dispute Explanation: Briefly describe the nature of the alleged debt and outline the reasons for the debtor's refusal to pay. Emphasize any known inaccuracies, inconsistencies, or lack of validation provided by the debt collector. 6. Cease Communication Notice: Explicitly state that the debtor requests the cessation of all forms of communication, including phone calls, letters, emails, and any other means of contact. Cite relevant federal and state laws such as the Fair Debt Collection Practices Act (FD CPA) and the Ohio Fair Debt Collection Practices Act (ONDCP). 7. Legal Implications: Mention that failure to honor the debtor's request may result in potential legal action, including filing a complaint with the Consumer Financial Protection Bureau (CFPB) or seeking legal representation. 8. Confirmation of Receipt: Request that the debt collector provides written confirmation of receiving the letter within a specific timeframe, typically 15-30 days, and include the debtor's preferred method of contact for this purpose. 9. State Laws and Rights: Include a summary of relevant Ohio state laws that protect debtors, such as their rights against harassment, false representation, and unfair practices. This section may vary depending on the specific circumstances and laws applicable to the alleged debt. 10. Closing: Express appreciation for the debt collector's cooperation in adhering to the debtor's request. Sign the letter using the legal name and add any relevant identification number if available (e.g., loan number, account number). 11. Enclosures: If applicable, list any documents enclosed with the letter, such as copies of previous correspondence, debt validation requests, or any supporting evidence regarding the dispute. Potential Types of Ohio Letter Informing Debt Collector to Cease Communications: 1. Ohio Letter Informing Debt Collector to Cease Communications with Debtor Regarding Alleged Debt: Standard letter for requesting debt collectors to stop contacting the debtor concerning a disputed debt. 2. Ohio Certified Letter Informing Debt Collector to Cease Communications with Debtor and Dispute Alleged Debt: A more formal version of the letter sent via certified mail to have proof of delivery and receipt. 3. Ohio Letter Informing Debt Collector to Cease Communications with Debtor's Attorney: Variation for debtors represented by an attorney, where the attorney plays a crucial role in all communications with the collection agency. Remember to consult with a legal professional or debt relief agency to ensure compliance with Ohio state laws and to obtain personalized guidance for your specific debt-related situation.