A cease and desist letter is often the most effective way to get debt collectors to stop harassing phone calls and unexpected home visits. Debt collectors may only contact you one more after you send a stop and desist letter to inform you that they are really ending communication with you. If you want to make sure that your phone call was not heard by an attorney representing the company, then you should write a letter stating as much.
The debt collector will probably not take you seriously if you call them at their office and use business language when communicating. For this reason, it's important to write a letter instead. Be sure to put your name on the letter and sign it to show that you are who you say you are. You can also include a phone number where they can reach you if they have further questions.
Sometimes debt collectors will ignore your request to stop calling you. If this happens, you can file a complaint with the agency that sent the debt collection letter. Explain in your complaint what action the company took without first notifying you and give your address. The agency will then investigate and try to resolve the matter without going to court.
In general, cease and desist letters work best for ongoing situations where you want the harassment to end quickly. If you want to warn people not to call or visit you, then writing a letter is better than calling because they cannot contact you again unless they have your permission.
Simply put, a cease and desist letter is a letter that you send to your creditors or a collection agency asking them to stop calling you while you figure out the best way to solve your debt problem. There are several types of letters used by consumers to get their creditors to stop calling them.
In addition to telling your creditors not to call you anymore, some cease and desist letters include information about the debtor's rights under the federal Fair Debt Collection Practices Act (FDCPA). If your creditor violates this law, you have the right to sue them for damages.
Cease and desist letters are usually sent within one week of receiving notice that you are in default on an account. Even if you think that you can work things out with your creditor, it's best to let them know that you no longer want to be contacted by phone or email as a sign of good faith. Contacting you after you've filed for bankruptcy may violate the court order so we recommend that they stop doing that too.
If your creditor continues to call or email you after you've sent them a cease and desist letter, that's called harassment and is illegal under the FDCPA. You should tell them again what you told us here.
A letter of "Cease and Desist" is a written notice that can be sent to individuals, businesses, or organizations. It is usually used to alert the receiver that they are engaging in harassing or infringing activities against you and to request that they cease such unlawful or unwanted action. Cease letters can be sent by lawyers who want to get rid of nuisance lawsuits. They will often send several copies of the letter to different people or entities involved with the case.
In general, cease letters must include the following: your name, address, telephone number, email address, company name, and a statement that you represent the party that issued the letter. You can also include a physical or electronic signature of someone authorized to act on behalf of the party sending the letter.
Individuals and companies can be sued for harassment and/or illegal file sharing activity even if they have discontinued these activities. A cease-and-desist letter can help reduce your legal liability by putting an end to the alleged misconduct.
Some states require that you give recipients 30 days to stop the alleged illegal activity before you can send them a cease-and-desist letter. Other states may have less time limits so check with your state's attorney general's office for more information.
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