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A cease and desist letter is a formal written request that you send a debt collector telling them to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact save for one final call to tell you what actions they intend to take.
Use this letter when you want all communications to stop from your debt collectors. Dear Sir, Re: Pursuant to the Fair Debt Collection Practices Act, I am asking you to cease all communication with me and my acquaintances as well as cease all your collection efforts in relation to the account referenced above.
It is not uncommon today for people to be pursued by debt collectors for money they don't owe. This occurs for several reasons: the original creditor may have made an accounting error, you may be a victim of identity theft, or the creditor may have found the wrong person with a similar name.
The FDCPA spells out several things debt collectors are prohibited from doing. For example, they cannot call you before 8 AM or after 9 PM or call you multiple times a day. In addition, they are not to call you at work without your permission.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides a mechanism for you to stop debt collectors from contacting you. You can do this by sending a Cease and Desist Letter. Federal law allows you to communicate with debt collectors to tell them that you want them to stop contacting you.
You must fill out an Answer, serve the other side's attorney, and file your Answer form with the court within 30 days. If you don't, the creditor can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
Harassment of the debtor by the creditor ? More than 40 percent of all reported FDCPA violations involved incessant phone calls in an attempt to harass the debtor.
Under this Act (Title VIII of the Consumer Credit Protection Act), third-party debt collectors are prohibited from using deceptive or abusive conduct in the collection of consumer debts incurred for personal, family, or household purposes.