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

State:
Multi-State
Control #:
US-01442BG
Format:
Word; 
Rich Text
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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.

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FAQ

Yes. The federal Fair Debt Collection Practices Act specifically gives you the right to sue a debt collector for harassment. If a debt collector is found to have engaged in harassing behavior, you are entitled to up to $1,000 in damages, along with court costs and attorney fees.

Cease and desist letters increase your chances of being sued The reaction is quite simple: when you send a cease and desist letter to a collection agency, collection attorney, or to your original creditor, you leave them only one way to effectively collect from you: filing a lawsuit.

Put the date at the top of the page. State your name and address. State the name of the collection agency and its address. State your account number. Open with Dear insert name of debt collector:

The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone.

Write a Letter Requesting To Cease Communications. The first thing to do is to write the debt collector a letter telling them to stop calling you. Document All Contact and Harassment. File a Complaint With the FTC.

Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code § 1692d).

Of course, if the debt is invalid or does not apply to you, you have every right to stop the debt collection letters coming to your home. You can do this by writing to the collector and telling him/her that the debt they are trying to pursue is not owed by you.

How Long Can a Debt Collector Pursue an Old Debt? Each state has a law referred to as a statute of limitations that spells out the time period during which a creditor or collector may sue borrowers to collect debts. In most states, they run between four and six years after the last payment was made on the debt.

In the letter, reference the date of the initial contact and the method, for example, "a phone call received from your agency on April 25, 2019." You also need to provide a statement that you're requesting validation of the debt. Do not admit to owing the debt or make any reference to payment.

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