Cease and Desist Letter
What is a cease and desist letter?
A cease and desist letter is a legal document used against an individual, business, or third party when someone wants to stop/cease illegal debt collection activities. Consumers use it to warn the recipient to discontinue the “judicial enforcement” or cease and desist order. This is the formal way to request that your debt collector cease all further contact.
Why use a cease and desist letter?
A cease and desist letter does not have a legal impact on its own. However, it is a good way to prevent debt collectors taking adverse actions against you. These letters are easy to write and cost-effective unless you employ an attorney to write them. The letter provides written evidence that you have informed them of the potential repercussions of refusing your request.
Cease and Desist Letters: Popular Uses
Most common uses
Services for Debt Collection
First, The Federal Fair Debt Collection Practices Act regulates how debt collectors behave when you are subject to nonstop calls. A letter is an effective tool for getting collection companies to stop contacting you.
Once you send them a written request to stop contacting you, they must cease or face statutory fines. This will prevents debt collector from contacting you, but does not do anything to discharge the debt you owe.
Harassment
Similarly, a cease and desist letter can help put an end to debt collector harassment. However, the letter may cause the harasser to respond adversely. You need to use discretion before sending one. A letter will require the subject to withdraw slanderous or libelous statements. This type of harassment is seen in non-agreement over debt and payment cases.
Ceasing Communication
This would request that the debt collector stop all the written/oral contact with the consumer, his family, or workplace. A debt collector will not communicate with the consumer from that point forward.
Incorrect Contact Information
Debt collectors often times do not have the correct address on file for the defaulted debtor. They try to contact people by any means necessary and do not always locate the correct individual. In such cases, the debtor can write a cease and desist letter to stop any further contact.
Future Debt Collectors
Lastly, the cease and desist letter is only applicable to the current debt collector. It is ineffective when your account has been sold to another debt collector and your current letter is addressed to the previous debt collector. You will need to address a new letter to the current debt collector in this situation.
Cease and Desist Letter Assistance
Need the help of a credit repair specialist to assist you with writing cease and desist letters? Our credit agent will analyze your case and write the best letter for you with negligible rejection chances.
People write letters themselves, but they are oftentimes unsuccessful. It is always advisable to get guidance from our experienced credit consultants. We help clients with writing successful letters.
Follow three simple steps- Pick-up phone, call at (949) 258-7026 and get free 15-minute consultation with our credit repair consultants to initiate the process.