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.
A Texas Letter Informing to Debt Collector to Cease Communications with the Debtor is a legal correspondence sent by an individual to a debt collection agency, instructing them to stop contacting the debtor regarding the outstanding debt. This letter is commonly used by Texas residents to exercise their rights under the Fair Debt Collection Practices Act (FD CPA) and the Texas Finance Code. The purpose of this letter is to notify the debt collector that their continued communication with the debtor is unwelcome and may be considered a violation of state and federal laws if they persist in communicating after receiving this notice. By sending this letter, the debtor aims to assert their rights to be free from harassment or abusive practices in debt collection. Key components that should be included in the Texas Letter Informing to Debt Collector to Cease Communications with Debtor are as follows: 1. Date: The letter should begin with the current date to establish a record of when the communication was initiated. 2. Personal Information: The debtor's full name, address, phone number, and any other contact details should be clearly stated at the beginning of the letter. 3. Debt Collection Agency Information: The full name, address, and contact details of the debt collection agency should be provided. 4. Account Details: The specific account number and the amount of the debt in question should be clearly mentioned. 5. Declaration of Rights: The letter should state that the debtor is aware of their rights under the FD CPA and the Texas Finance Code, including their right to request communication cessation. 6. Cessation Request: The debtor must explicitly request that the debt collector immediately cease all communication, both written and oral, regarding the debt in question. 7. Legal Warnings: It is important to include a statement warning that any further communication or attempt to collect the debt may be considered a violation of state and federal law, subjecting the debt collector to potential legal consequences. 8. Proof of Receipt: The debtor may request a return receipt or delivery confirmation to ensure proper documentation of the letter's delivery to the debt collection agency. 9. Suggested Action: The letter can suggest that the debt collector validate the debt, if necessary, within the statutory timeframe and provide any relevant documentation if they wish to continue their collection efforts lawfully. 10. Final Remarks: The debtor can express their expectation for compliance with the letter's instructions and emphasize their willingness to take appropriate legal action if the debt collector fails to abide by their request. 11. Notary Acknowledgment: While not mandatory, including a notary acknowledgment may provide additional weight to the letter. Different versions of this letter can be tailored to specific situations or legal requirements, such as: 1. Texas Letter Informing to Debt Collector to Cease Communications with Debtor for situations where the debt collector has been persistently harassing or using abusive language. 2. Texas Letter Informing to Debt Collector to Cease Communications with Debtor for situations where the debt is beyond the statute of limitations and therefore unenforceable. 3. Texas Letter Informing to Debt Collector to Cease Communications with Debtor for situations where the debtor has already made a payment arrangement or negotiated a settlement with the original creditor. It is essential to consult with an attorney or review specific state laws and regulations to ensure compliance with the requirements and wording of the Texas Letter Informing to Debt Collector to Cease Communications with the Debtor.
