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Section 805 communications telling debt collector to stop communicating with you

State:
Multi-State
Control #:
US-DCPA-17
Format:
Word; 
Rich Text
Instant download

Description

Use this form to tell a debt collector to cease all communications with you.

Once a debt collector receives written notice from a consumer that the consumer refuses to pay the debt or wants the collector to stop further collection efforts, the debt collector must cease communications with the consumer except:

  • To advise the consumer that they are terminating their debt collecting efforts
  • To notify the consumer that the debt collector or creditor may invoke specified remedies which they ordinarily invoke, or
  • To notify the consumer that the debt collector or creditor intends to invoke a specified remedy

    This form also also includes follow-up letters repeating your earlier instructions with a warning that the debt collector may face going to court if they continue engaging in behavior that violates the FDCPA.

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    FAQ

    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.

    Write a Letter Requesting To Cease Communications. Document All Contact and Harassment. File a Complaint With the FTC. File a Complaint With Your State's Agency. Consider Suing the Debt Collection Agency for Harassment.

    The FDCPA prohibits debt collectors from calling you repeatedly, using profane language, making threats, or otherwise harassing you. If a debt collector is constantly calling you and causing you stress, sending a cease and desist letter can stop the collector from harassing you.

    Answer the phone and explain you're not the person they're looking for. Tell them that the number they're calling is not the right one. Send a cease and desist letter to request that they stop contacting you.

    Yes. The federal Fair Debt Collection Practices Act specifically gives you the right to sue a debt collector for harassment. If a debt collector is found to have engaged in harassing behavior, you are entitled to up to $1,000 in damages, along with court costs and attorney fees.

    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. If you don't want a debt collector to contact you again, write a letter to the debt collector saying so.

    Debt Collectors Can't Call You Repeatedly to Harass You This means that while the FDCPA doesn't place a specific limit on the number of calls debt collectors can make, it prohibits them from calling you multiple times just to harass you. (15 U.S. Code § 1692d).

    Of course, if the debt is invalid or does not apply to you, you have every right to stop the debt collection letters coming to your home. You can do this by writing to the collector and telling him/her that the debt they are trying to pursue is not owed by you.

    How Long Can a Debt Collector Pursue an Old Debt? Each state has a law referred to as a statute of limitations that spells out the time period during which a creditor or collector may sue borrowers to collect debts. In most states, they run between four and six years after the last payment was made on the debt.

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    Section 805 communications telling debt collector to stop communicating with you