South Dakota Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt

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US-01442BG
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Description

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: South Dakota Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt Introduction: In South Dakota, debtors have the right to request debt collectors to cease communication regarding an alleged debt. This letter serves as an official notice to the debt collector, informing them that the debtor refuses to pay the alleged debt and requires no further communications regarding the matter. Keywords: South Dakota, letter, debt collector, cease communication, debtor, alleged debt, refuse to pay Content: [Your Name] [Your Address] [City, State, ZIP Code] [Date] [Debt Collection Agency Name] [Agency Address] [City, State, ZIP Code] Subject: South Dakota Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt Dear [Debt Collection Agency Name], I am writing to address your attempts to contact me regarding an alleged debt. This letter serves as an official notice to request that you cease all communications with me, as I refuse to pay the debt you are claiming. I must clarify that I do not acknowledge this debt as valid, nor do I recognize any legal obligation to pay it. In accordance with the Fair Debt Collection Practices Act (FD CPA) and South Dakota state laws, I demand that you provide me with the following information: 1. Verification of the alleged debt, including details of the original creditor, the original account number, and the nature of the debt. 2. Proof that your agency has been assigned the right to collect this debt from the original creditor. 3. Documentation that you are licensed to collect debts in the state of South Dakota. Without providing the requested information, any further communication regarding this alleged debt will be considered a violation of my rights under the FD CPA and South Dakota state laws. I kindly request that you forward this letter to your client and inform them of my refusal to pay. Additionally, I expect written confirmation from your agency that you have received this correspondence and have ceased all communication regarding this matter. Any future contact from your agency, including phone calls, letters, or emails, will be regarded as harassment, and I reserve the right to take appropriate legal action. Please consider this letter as a final warning before any further actions are pursued. I urge you to comply with the legally mandated obligations and respect my rights as a debtor. Thank you for your immediate attention to this matter. Sincerely, [Your Full Name] [Debtor's Address] [City, State, ZIP Code] Types of South Dakota Letter Informing Debt Collector to Cease Communications: 1. South Dakota Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay an Alleged Debt: This is a template letter for debtors in South Dakota to inform debt collectors that they refuse to pay an alleged debt and request a halt in communication. 2. South Dakota Letter Invoking Rights under FD CPA to Cease Communications with Debt Collector: This letter specifically references the Fair Debt Collection Practices Act (FD CPA) to assert the debtor's rights and cease communication with the debt collector. 3. South Dakota Letter Requesting Validation of Alleged Debt and Cease in Communication: This type of letter demands the debt collector to provide verification of the alleged debt as well as ceasing further communication until the requested documentation is received.

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FAQ

This letter should be addressed and directed at one creditor only. You'll have to write one for each of the creditors that you want to stop calling you. Sending a cease and desist letter isn't a solution to your problem; it's merely a solution to receiving annoying phone calls.

Fortunately, there are legal actions you can take to stop this harassment:Write a Letter Requesting To Cease Communications.Document All Contact and Harassment.File a Complaint With the FTC.File a Complaint With Your State's Agency.Consider Suing the Debt Collection Agency for Harassment.

Try not to let all of the calls badgering you from a debt collector get to you. If you need to take a break, you can use this 11 word phrase to stop debt collectors: Please cease and desist all calls and contact with me, immediately. Here is what you should do if you are being contacted by a debt collector.

If you want a debt collector or collection agency to stop contacting you, you can send a Cease and Desist Letter asking that communication stop. You can also send other communications to request additional information about the alleged debt or set limitations on contacts.

A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.

The debt dispute letter should include your personal identifying information; verification of the amount of debt owed; the name of the creditor for the debt; and a request the debt not be reported to credit reporting agencies until the matter is resolved or have it removed from the report, if it already has been

If more than one creditor is harassing you for more than one debt, you will need to send each one a cease and desist letter. Even if the same creditor is trying to collect two different debts from you, you must write a letter for each of the two debts.

The FDCPA prohibits debt collectors from calling you repeatedly, using profane language, making threats, or otherwise harassing you. If a debt collector is constantly calling you and causing you stress, sending a cease and desist letter can stop the collector from harassing you.

You have the right to tell a debt collector to stop communicating with you. To stop communication, send a letter to the debt collector and keep a copy of the letter. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.

Answer the phone and explain you're not the person they're looking for. Tell them that they are calling the wrong number. Send a cease and desist letter to them. If they continue to call, file a complaint with the FTC.

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You would not receive a response from the debt collector. If a debt collector continues to contact you, you may file a lawsuit in federal court. If you have an attorney represent you and receive a cease-and-desist letter, you may have the lawsuit removed from the court file. The lawsuit will then be taken off the court docket and may have to be rescheduled. It may also be necessary to have the court reporter remove the record of the court action, since the original cease-and-desist letter contains the date the court action was resolved. The court reporter can send you a “Certificate of Dismissal” and it is good for 30 days. Once it is removed by the court reporter, you need to send a check for the full amount of the debt to the Commissioner of Accounts.

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South Dakota Letter Informing Debt Collector to Cease Communications with Debtor and that Debtor Refuses to Pay Alleged Debt