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In Delaware, the statute of limitations on debt collection is four years for open credit card accounts, three years for written contracts and six years for promissory notes. For any time period, the clock begins ticking from the date of default, which is typically thirty days after the last payment was actually made.
A cease and desist letter is a way to formally request that a debt collector stop contacting you about a debt. The Fair Debt Collection Practices Act (FDCPA) states that if you formally request that you no longer wish to be contacted by a collector, they must cease all further contact.
This letter should be addressed and directed at one creditor only. You'll have to write one for each of the creditors that you want to stop calling you. Sending a cease and desist letter isn't a solution to your problem; it's merely a solution to receiving annoying phone calls.
Dear debt collector, I am responding to your contact about collecting a debt. You contacted me by phone/mail, on date and identified the debt as any information they gave you about the debt. I do not have any responsibility for the debt you're trying to collect.
You have the right to tell a debt collector to stop communicating with you. To stop communication, send a letter to the debt collector and keep a copy of the letter. The CFPB's Debt Collection Rule clarifying certain provisions of the Fair Debt Collection Practices Act (FDCPA) became effective on November 30, 2021.
No harassment The Fair Debt Collection Practices Act (FDCPA) says debt collectors can't harass, oppress, or abuse you or anyone else they contact. Some examples of harassment are: Repetitious phone calls that are intended to annoy, abuse, or harass you or any person answering the phone. Obscene or profane language.
If more than one creditor is harassing you for more than one debt, you will need to send each one a cease and desist letter. Even if the same creditor is trying to collect two different debts from you, you must write a letter for each of the two debts.
Among the insider tips, Ulzheimer shared with the audience was this: if you are being pursued by debt collectors, you can stop them from calling you ever again by telling them '11-word phrase'. This simple idea was later advertised as an '11-word phrase to stop debt collectors'.
If you want a debt collector or collection agency to stop contacting you, you can send a Cease and Desist Letter asking that communication stop. You can also send other communications to request additional information about the alleged debt or set limitations on contacts.