Debt Collector Cease and Desist Letter Template

Are you tired of dodging debt collectors’ calls at all hours? You have recourse. Here’s how sending a simple cease and desist letter could help you protect your peace.

What a Debt Cease and Desist Letter Is

The Fair Debt Collection Practices Act (FDCPA) is a federal law that restricts tactics used by third-party debt collection agencies. If a collector is repeatedly contacting you about a debt, you can send a cease and desist letter.

Once a collector receives your letter, they are legally barred from continuing to contact you. However, there are two main exceptions:

• They can contact you to confirm receipt of the letter and confirm that they’re stopping contact.
• They can contact you to inform you of a specific action they’re taking, like filing a lawsuit.

While a debt collector legally has to comply with a cease and desist letter, sending a letter doesn’t erase the debt. The collector can still sue you for it, and if they win, they may get a money judgment that lets them garnish your wages or take money from your bank account.

When to Send One to a Collector

You might send a cease and desist if the debt collector’s actions are overwhelming or start to feel like harassment. You don’t have to wait for them to break the law to send one.

Who Must Honor Your Request?

The FDCPA is what grants you the right to send a cease and desist letter and requires debt collectors to comply. However, the law doesn’t apply to original creditors.

In some states, the rules are different. For example, because Massachusetts debt collection laws apply to both debt collectors and original creditors, original creditors must honor cease and desist requests as well.

What the Letter Should Include

Your letter should include the following:

• Your full name and address
• The account number of the debt
• The date
• A clear demand that the collector cease all communication
• Your signature

Be careful to avoid admitting you owe the debt. The collector could later use that against you.

How to Write and Send the Letter

A quick and easy way to write the letter is to use a debt collector cease and desist letter template.

You should always send your letter by certified mail with a return receipt. That way, the collector can’t claim they never received it.

What Happens After You Send It?

Once you send the letter, the debt collector should stop contacting you. If they persist, you might consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office.

Risks and Trade-Offs to Weigh

Keep in mind that once you tell the collector to stop contacting you, you won’t be able to try to negotiate a debt settlement. Before you cut off communications, you should carefully consider long-term options.

The Right Forms Matter

When contacting a debt collector, the right form or template can help you get your point across without admitting liability. Browse ConsumerShield’s collection of cease and desist letters to get started today.