Sample Cease And Desist Letter To Debt Collectors In Maricopa
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A cease and desist letter/notice is typically sent prior to any action being taken, placing the party on notice that IF they do not stop, legal action will be taken. Of course, there needs to be a legal basis to support it. If this owner has no basis to get you to stop, nothing would be ordered or done by the court.
The Fair Debt Collection Practices Act lays out the rules for debt collectors and states that if the creditor is told to stop contacting the debtor, they must comply. If the harassing calls and letters persist, a cease and desist letter can be sent by an attorney to formally advise the creditor to stop violating the de.
How do I deliver a Cease and Desist Letter? Delivering the letter in person and obtain an Affidavit of Service. Hiring a process server to deliver the letter on your behalf (they will provide an Affidavit of Service or its equivalent upon delivery) Sending a copy of the letter to your attorney, if you have one.
A cease and desist letter is useful because it might stop its recipients from continuing their harmful action. If they don't, you have written documentation that you have notified them of the possible consequences of ignoring your request.
Risks Of Ignoring A Cease And Desist Legal action can result in court orders, financial damages, or penalties, depending on the nature of the violation. Non-compliance with the demands outlined in the letter might also escalate the dispute, leading to increased legal fees and a prolonged resolution process.
You can serve it via mail, email, an attorney and, in some cases, in person. However you choose to serve the letter, keep a record of delivery and receipt by the offending party. If you are sending the cease-and-desist letter yourself, send it via certified mail so that you have a record of delivery.
You should dispute a debt if you believe you don't owe it or the information and amount is incorrect. While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector.
If you are writing the letter yourself, you should include the following information: Your name and contact information. Name and contact information of the person or business being asked to stop the behavior. Specifics about the activity you wish them to stop.
You could say something as brief and simple as ``It has come to my attention that you are allowing a very old collection item to remain on my credit report. The account at issue is highlighted in the attached copy of your credit report that I have included for your convenience.
