Cease and Desist LetterRead this before you tell a debt collector not to contact you again!You may have heard that a cease and desist letter is a good way to get a debt collector off your back. However, before you send one we have some important warnings. Under the Fair Debt Collection Practices Act (FDCPA) you have the right to tell a debt collector to never contact you again, which is what a cease and desist letter does. The FDCPA also says that once you send a cease and desist letter, the debt collector cannot contact you again except to tell you that he received the letter and/or to tell you he is taking legal action against you. In our opinion you want to be very careful about sending a cease and desist letter. If you send a cease and desist letter to a collector and you owe the debt, the collector has three options: 1. Leave you alone and forget about trying to collect what you owe, 2. Sell your debt to another collection agency, or 3. Sue you to try to collect your debt. Unfortunately, there is no way of knowing which option the collector will choose. In other words, sending one of these letters may leave the debt collector with no option but to sue you. If you've been contacted by a debt collector, it's important that you understand your rights and options as we explain them in our ebook Debt Collection Answers. Read the first chapter of Debt Collection Answers online for free!
The statute of limitations on the debt has expired. (In other words, the debt is too old for you to be sued over it), You don't owe the debt, or You cannot pay the debt and you know you are judgment proof. (Important: This is our opinion - not legal advice. We are not attorneys, and recommend you contact a consumer law attorney for legal advice.) If you do decide to write a cease and desist letter, don't worry about using certain language or quoting the federal law. It's not necessary. All you have to do in your letter is tell the debt collector not to contact you again and to include your contact information and enough information for them to know what account you are writing about. If the reason you are sending the letter is because you don't believe the debt is yours, or you don’t believe you owe it, then make that clear in your letter. If you are sending the letter because you believe the debt is too old, then explain that. Keep your letter short, straightforward and to the point. Send your letter by certified mail, return receipt requested, and keep a copy of the letter for your records along with a copy of the receipt the post office sends you confirming it has been delivered. If the debt collector contacts you after he receives your letter for any reason other then to confirm receipt of your letter or to tell you he is taking legal action against you, then you should immediately contact a consumer law attorney as there is a very good chance he has broken the law. If you think the debt collector has broken the law, contact a local consumer law attorney with experience representing consumers in debt collection cases, or call the Collection Complaint Hotline at 888-711-5143 for a free, confidential case evaluation.
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