Stop Telephone Calls From Collection Agencies
Use a Cease and Desist Letter to Stop Debt Collector Communication
Oct 22, 2009
Any individual has the right to put a stop to debt collector harassment in the form of constant telephone calls and letters from collection agencies by making a written request that collection calls and other forms of contact cease.
The Purpose of Cease and Desist Letters
Any debt collector is legally allowed to engage in collection activity. Collection activity includes:
- Telephone calls to the debtor
- Calling the debtor’s place of employment to locate him or her
- Calling the debtor’s family members to locate him or her
- Sending written requests for payment
- Debt settlement offers
- E-mail requesting payment of the debt
When these contact methods cross the line from standard collection activity to debt collector harassment, a consumer may opt to send a cease and desist letter. Section 805 of The Fair Debt Collection Practices Act grants individuals the legal right to use a cease and desist letter in the event that they either refuse to pay the debt or simply want collection agency calls to stop.
Find a Sample Cease and Desist Letter Online
Many consumers do not know where to begin when crafting a cease and desist letter to a collection agency. For these individuals, finding a sample cease and desist letter online is the best option. Sample cease and desist letters allow consumers to send the appropriate communication while also quoting the applicable sections of The Fair Debt Collection Practices Act to support their request.
Some consumers may prefer to write their own cease and desist letters, but should take care to include that the cease and desist letter is not a “refusal to pay.” If this is not stipulated in the letter, a collection agency may immediately file a lawsuit to recover the balance of the debt that a consumer refuses to make payments on.
The Difference Between A Dispute Letter and A Cease and Desist Letter
A cease and desist letter merely requests that a debt collector immediately cease all communication. A dispute letter, however, disputes the validity of the debt in question and requests that the debt collector provide validation of the debt in the form of signed paperwork proving that the debt is legally valid.
These two letters are commonly confused and occasionally erroneously combined. While a dispute letter is an integral part of credit repair, a cease and desist letter is merely a way to make annoying or harassing telephone calls from debt collectors stop.
A Cease and Desist Request Does Not Make a Bad Debt Disappear
A consumer still owes the debt, even if he or she sends a cease and desist request to the collection agency that currently owns the debt. If the debt in question is still within the statute of limitations for the debtor’s state of residence, the collection agency may file a lawsuit against the consumer in response to the cease and desist letter. If it is legally prohibited to make contact with the debtor, the collection agency cannot attempt to collect the debt any other way.
Send a Limited Cease and Desist Letter for Debts That Are Within the Statute of Limitations
For this reason it is important that consumers who owe debt that is still within the statute of limitations for debt collection in their state send a limited cease and desist letter. A limited cease and desist letter allows the debt collector to maintain at least one form of collection activity.
The vast majority of cease and desist letters are geared toward stopping collection calls only. For this reason, a consumer may choose to make a provision in his or her cease and desist request for collection activity in the form of written or electronic communication to avoid a lawsuit.
Some cases in which a full rather than limited cease and desist letter are preferable are:
- When the statute of limitations on the debt has expired
- When the reporting period on the debt has expired
- When the debt is for a small amount and thus highly unlikely to be sued over
If the reporting period and that statute of limitations on a debt have both expired, an individual should immediately send a full cease and desist letter as a collection agency can neither sue for the debt nor place the debt on the individual’s credit report.
A Collection Agency Must Stop Contact After Receipt of Cease and Desist Request
All collection agencies and debt collectors are bound by the laws in the Fair Debt Collection Practices Act. If a collector continues to contact an individual after receiving a cease and desist letter, the collector is subject to legal action on the part of the consumer.
A consumer may sue for damages up to $1000 for violations of the FDCPA provided that the violations can be proven. All communication with a collection agency should be done in writing and sent via certified mail. This provides the consumer with a signature card proving the debt collector received the notice to cease contact.
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