Debt Collectors (Creditors) Cease and Desist Letter

Debt collectors can sometimes hound people unfairly. You might have engaged to make a payment plan for your debts, or maybe you are saving money to pay them off but have not started on the process yet. Debt collectors can harass people day and night demanding money that they do not have.

If you have been caught up in a struggle with a debt collector who is trying to get you to pay back a debt that you do not think that you owe or that you cannot pay, you might be losing sleep due to their calls. The stress and worry over debt collectors can be quite intense for many people and avoiding their harassment can be a big help toward actually being able to pay back your debts.

If you need to learn more about how to write a cease and desist letter for debt collectors, read on!

What Is a Cease and Desist Debt Collection Letter?

This cease and desist letter template is made to request that debt collectors stop contacting you in regards to a debt. This practice is part of the Fair Debt Collection Practices Act. This act allows you to require that you no longer be reached out to by a debt collector.

This might not make the collection agency stop trying to collect a debt entirely. What it does mean is that you will not be pursued for a debt unless you are taken to court. The debt collector can still bring you into court, but only if you do owe the money in question and the statute of limitations has not yet expired for the debt.

When to Use This Letter for Debt Collectors

There are some reasons why you might use this kind of letter when you are being harassed by debt collectors.

  • The debt collector has confused you with someone else.
  • You do not owe the debt.
  • The statute that limits the end date for the debt to be paid has expired.
  • The collector cannot prove the debt when asked about it.
  • You owe the money via collections, any you do not want to have to handle the debt collector directly.

The ultimate outcome for any debt collection situation that does not have an expired statute of limitations or is not actually your debt will still be a visit to court in many places. However, being able to avoid the endless hounding of debt collectors can make it much easier to attend to paying off your debt or going to a court date that is related to the debt that is owed.

What If the Debt Collectors Keep Contacting You?

Even in cases where you have provided a cease and desist letter, you might still be contacted by debt collectors. This might make you wonder what you can do about this. If you are still being contacted by debt collectors, you have some options.

The FDCPA prohibits this practice after a cease and desist letter and debt collectors are also prohibited from using profane language, calling you repeatedly, making threats or harassing you. If you are experiencing any of these issues, you do have some options that are open to you.

  • Report the collector to a government agency.
  • Using FDCPA violations as leverage in your debt settlement negotiations.
  • Suing the collector in a state of small claims court.

These might seem like difficult options to take advantage of, but there are your best options if you are being harassed by debt collectors. You do not deserve to be harassed over a debt, and you can choose to exercise your rights related to this problem. This is always your option to exercise your rights to stop being harassed.

What to Include in a Cease and Desist Debt Collection Letter

You will always need to include a certain set of details in any debt collection letter that you have drafted for use in situations where a debt collector will not leave you alone. Make sure that you create this kind of letter correctly so that it will hold up in court and serve its purpose.

  • Names of the sender and recipient (the debt collector).
  • Addresses of the sender and recipient (the debt collector).
  • The date when the letter is sent.
  • The way the letter is delivered (certified mail, email, etc.).
  • Any account numbers for your debts.
  • Amount of the debt.
  • Description of unlawful and harassing behavior.
  • A statement that you are exercising your right under the Federal Fair Debt Collection laws to prevent being harassed for the debt that you owe.
  • A statement that you do not owe the debt (if applicable).
  • Notice that you will exercise your rights to make a complaint with the appropriate parties.

Neglecting any of these details can invalidate your letter and make it ineffective at your overall goals. You will want to be sure that your letter is also typed, legible, and signed. It never hurts to have someone else look over the letter for typos as well as other misinformation.

How to Fill Out the Letter Template

When filling out the cease and desist template, you will need to be sure that you collect the relevant information for your account numbers and other details related to your debt so that you can cite the areas where the information involved in the debt collection is incorrect. You want to be able to reference actual information in the letter to make it more effective. Be sure as well that you are not leaving any example information in the template when you use it. Following the next steps you’ll be able to complete the template in a timely manner.

Step 1. Indicate the parties involved

First, you should fill out your contact details as the sender, including your name, address, and any account number for your debts. Additionally, it’s necessary to indicate the name and address of the debt collector or collection agency.

Step 2. Identify the amount of the debt

Whether you owe the debt or not, you should identify the amount claimed by the debt collector. It will help you analyze if the data related to the debt collection is correct. Moreover, you can use this information in case of further legal action.

Step 3. Specify whether you owe the debt

The next step is to specify if you owe the debt. There can be circumstances in which the debt collectors confuse you with another person. You will need to clarify that they make a mistake and that you are going to dispute the claimed debt.

Step 4. Describe the unlawful behavior

The following step is to describe the unlawful debt collector’s behavior in detail, such as calling you repeatedly, making threats, harassing you, or even using profane language. The letter should state that the Fair Debt Collection Practices Act prohibits such behavior.

Step 5. Sign the letter

After all the essential details have been filled out, you will need to indicate the date of the letter and sign it. The delivery service is also required to be indicated in the letter. You are recommended to send your document via certified mail to get the return receipt as proof of delivery.

Cease and Desist Debt Collection Letter Sample

The best way to draft one of these letters is to use our generic template.

From: [Your Name and Address]

Date: [Date]

By: [Delivery Service]

To: [Collector Name and Address]

Re: CEASE AND DESIST FOR DEBT COLLECTION HARASSMENT

Dear [Collector Name]:

This letter serves as a formal notice to you to immediately cease and desist from all contact and communication with me, my family, and friends regarding the collection of a claimed debt to the ABC Collection Agency, account number [debt collector’s account number for the debt], in the amount of $500 and other related matters.

Pursuant to my rights under the Fair Debt Collection Practices Act, 15 U.S. Code § 1692, I demand you to stop engaging in the following unlawful behavior: repeated calls and emails, including at night, and threats to harm the reputation of my family and mine if I don’t repay the debt.

This behavior not only annoys, threatens, or intimidates me; it has become unbearable.

Under the Fair Debt Collection Practices Act, you must follow my written request for no contact. You are allowed to contact me only to confirm your acknowledgment of this letter or inform me that legal actions to collect the debt will occur.

If you continue to contact me for other than the aforementioned reasons, it will be considered as a violation of the Fair Debt Collection Practices Act, and I will have to take legal action against you.

This is my final notice before pursuing civil and criminal claims. It is in your best interest to give your utmost attention to this matter.

Sincerely,

[Your Name]

Published: Aug 5, 2021