The Fair Debt Collection Practices Act protects consumers from harassment or coercion by debt collectors, including those collecting credit card debts. Creditors cannot threaten or abuse debtors and cannot harass them by calling repeatedly or at unreasonable hours. In addition, if a debtor requests it in writing, the collector must cease all contact with him regarding the matter, except for sending required legal notices such as notification of a lawsuit.
Purpose
If you do not want a debt collector to contact you, you have the right to send him a cease and desist letter. This letter informs the debt collector that you do not want him to contact you again by mail, telephone or email. Under the Fair Debt Collection Practices Act, a debt collector must honor this letter and stop contacting you. This law only applies to debt collectors; you cannot ask the original creditor to stop contacting you about collecting the debt.
Considerations
Sending a cease and desist letter to a debt collector does not stop her from attempting to collect the debt; it just legally bars her from contacting you to collect it. If the debt collector cannot contact you directly to make payment arrangements, she is more likely to take legal action against you, such as filing a lawsuit or garnishing your wages. If a debtor is harassing you, file a report against her with the Federal Trade Commission rather than simply asking her to stop contacting you.
Consult Attorney
If you really don't want to talk to debt collectors, you should consult an attorney before writing a cease and desist letter. An attorney can advise you of the possible consequences of this action and help you determine your best course of action. Attorneys experienced in financial matters can also help you write the letter if you decide to go this route and can help you file for bankruptcy if you need relief from your creditors.
Contents of Letter
Address your cease and desist letter to the debt collection agency. State that you are asserting your right under the Fair Debt Collection Practice Act to refuse further contact with them and that if they continue to contact you, you will file a complaint with the Federal Trade Commission against them for harassment. Sign the letter and send it by certified mail to the debt collector so that you can obtain proof that he received the letter.
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