Debt collectors can be persistent to the point where they’re not only annoying, but can cross the line in breaking the law. To officially stop debt collectors from calling you, you must send them a cease and desist letter. Once they receive your letter they are allowed to contact you one more time in writing, this is to notify you of what steps will be taken, if any, to collect the debt.
Using the Template
The template below has been drafted for your use. It explains exactly what the FDCPA act says, and all you need to do is replace those areas (names and addresses) with the appropriate information – that’s it!
Send Certified Mail – Be sure to send the letter certified mail and ask for a return receipt. This will insure that your letter was received by the correct person(s) plus you also have a record of the transaction.
Creditors still have the right to sue you, but pay close attention to this. Another reason for sending a cease and desist letter is in case they slip up. Debt collectors can still cross the line even when served a cease and desist letter, in these cases you can actually sue them and help your credit at the same time. If this does happen you may want to consult with a debt professional for advice on how to proceed from there.
Your Name
Your Address
Collector’s Name
Collector’s Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls!
According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must refrain from all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at any location what so ever!
In accordance with the federal FDCPA, now that you have received this “stop calling” letter, you may only contact me to inform me that you:
- are terminating further collection efforts;
- invoking specified remedies which are ordinarily invoked by you or your company; or
- intend to invoke a specified remedy.
Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.
Signature
Your Printed Name