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 South Carolina, a Letter Informing a Debt Collector to Cease Communications with a Debtor is a formal written request from an individual to a debt collector, informing them to stop any form of communication concerning a specific debt. This letter is typically sent when a debtor wants to exercise their rights under the Fair Debt Collection Practices Act (FD CPA) and the South Carolina Consumer Protection Code (CCPC). The purpose of this letter is to demand that the debt collector cease all contact with the debtor, aside from any notifications required by law or to provide legal notice of a lawsuit. The debtor might choose to send this letter if they are facing excessive or abusive communication from the debt collector, or if they prefer to handle the debt through other means, such as negotiations or legal representation. Keywords that can be relevant when drafting this letter include: 1. Debt collector: This refers to the individual or company responsible for collecting the debt on behalf of the original creditor. It is essential to identify the specific debt collector to whom the letter is addressed, including their name, address, and contact information. 2. Debtor: This is the person who owes the debt. The debtor's full name, address, and any other relevant identification details should be included in the letter. 3. Fair Debt Collection Practices Act (FD CPA): This federal law regulates the actions of debt collectors and provides certain protections to consumers. Reference to this act in the letter helps establish the debtor's understanding of their legal rights. 4. South Carolina Consumer Protection Code (CCPC): This is the state-level law that offers additional rights and protections to consumers in South Carolina. Mentioning this code reinforces the debtor's knowledge of their rights under local regulations. 5. Cease communication: The debtor must explicitly request the debt collector to cease all communication related to the debt. This includes phone calls, letters, emails, and any other form of contact. Specify that the debtor only wishes to receive communications that are legally required or regarding legal action against them. It is important to note that there may be various types or variations of South Carolina Letters Informing Debt Collectors to Cease Communications with Debtors, depending on the specific circumstances or legal advice sought. Some examples might include a Cease and Desist Letter, Notice to Cease Communication, or Demand to Cease Communication Letter. The name of the letter may vary, but the intent remains the same — to inform the debt collector of the debtor's desire for communication to stop, except in certain legally required situations.
