If you’re receiving phone calls in an attempt to collect a debt that you legitimately do not owe, the following cease and desist letter template may be useful in your attempts and efforts to clear up any confusion and get the annoying debt collectors off from your back. If you are overwhelmed with debt, consider an experienced debt reduction and bankruptcy attorneys.
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Watch This Before You Continue
Remember, if a debt collector fails to comply with your letter or violates any other section of the Fair Debt Collections Act in any way, the court may hold the debt collector liable in the amount up to $1,000.
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[Your name]
[Your address][Creditor’s name]
[Creditor’s address][Date]
RE: Collection attempts on a debt I do not owe.
Dear [Name of collector]:
On [date of phone call(s)], you or someone from your company contacted me about a debt. I do not believe that I owe this, and I dispute it.
In accordance with the Fair Debt Collection Practices Act formally known as and codified under 15 USCA §§ 1692(a-p), I am asking for, and you are required to provide me with the following information:
a) Why do I owe the money?
b) How this amount has been calculated in a way I can understand.
c) Copies of the papers where I agreed to pay what you say I owe.
d) (if applicable) a copy of the judgment.
e) The name of the original creditor.
f) Demonstrate that you are licensed in my state, and provide this license number to me.Additionally, please provide this letter to the company for whom you are collecting so that they have notice of my dispute.
Please inform any credit reporting agencies to which you have reported this debt to, that this debt is currently in dispute. I will require proof that you have done this.
You are also required to cease and desist from contacting me in this and any related matters unless it is by United States Mail, and only for the purpose of informing me that you are terminating all efforts to collect or that you are taking specific court of legal action.
Sincerely,
[Your signature]_________
[Your printed (typed) name]
This letter is crap. For a law firm, you should know that almost ALL of what you asked for in the letter is not required by the FDCPA.
Letters like this crap hurt consumers who are trying to actively repair their credit.
John:
It appears that you have used a fake email address to leave this anonymous comment, so I don’t know if you actually care about consumers or are working for a collection agency.
We stand behind this letter as a concise and effective way for consumers to assert their legal rights against unscrupulous collections agencies. I agree that this language is not required by the FDCPA; it goes beyond the FDCPA to take an agressive stand against creditors.
Aaron Hall
Minneapolis Attorney
After dealing with a monolith known as Key Bank and
becoming increasingly frustrated, your tips have given
me a starting point. Thank you…
Hi I filed for bankruptcy, which has been discharged already.
a wage garnishment was process after I already had filed, the creditor kept the money, How can I get my money back? this creditor has lied so many times, he even threaten my employer for doing wrong stuff he said, he accuses me of me being the payroll human resources whom am not. its someone else.
also, how do i reopen my case, I have 3 creditors that were left out because while it was in process, I had payment arrangements and was doing fine. as soon as they heard of my bankruptcy they shut the door on me, and send me to collections.
could you help me.
thanks
karina
i recieved a letter from the court house from civl court saying that they are sueing me for a debt that has my name but not my ss#, can i send a cease to communicate letter to the attorney altho its already beed issued to me
Hi, my ex-husband went to the child support division to close the case when my daughter turned 18. It bothered me that the state decided to re-open it and then tack on interest for all these years. When my son turned 18 and was in college the state of Ill closed it on their own. They are saying that since my daughter was taking classes it should have stayed open. I know my ex-husband’s wife has a friend that works there. The judge ordered an investigation be done and it never was. Now my ex-husband said he’d settle for$6000. He wants me to write the letter. I want to be sure, before I give him a check that this will be over with. One lawyer called me and said the true amount is $4400. The child support division tells me $16,000. And… They took my D.L. away. I have one letter from SS office that they just paid $9550 towards it and they are giving half of my monthly check to him. Please help?
Leslie