Can a debt collector refuse a cease and desist letter?

How to inform debt collectors in writing that you refuse to pay the debt or want the debt collector to cease communication with you?

If you write and ask a debt collector to not call anymore, do they have to abide by this request?

What to do if bill collector refuses to cease and desist?

What to do when you can't pay a collection agency a debt?

A debt collector cannot refuse your written request that they cease and desist from further contact with you except for three very limited reasons. The Fair Debt Collection Practices Act (FDCPA) states that if you notify a debt collector in writing that you refuse to pay the debt or that you wish for the debt collector to cease further communication with you, the debt collector cannot communicate with you again. There are three exceptions to this rule. Regardless, you should receive no more than one final communication after making a cease and desist request. This is the best way to get a debt collector to stop contacting you if you cannot or will not pay the debt. It does not prevent you from possibly being sued or from the debt being listed on your credit report, but it does stop the harassing telephone calls and annoying collection letters.

The first exception is for the debt collector to advise you that its further efforts are being terminated. (Example: We received your letter asking that we not contact you again. Therefore, we will no longer be collecting this account.) The second is exception is to notify you that the debt collector or creditor may invoke certain remedies which it ordinarily invokes under the circumstances. (Example: We received your letter asking that we not contact you again. However, if you do not pay the debt within 14 days, it is our normal policy to report your account to the credit reporting bureaus.) The final exception is to notify you that the debt collector or creditor intends to invoke a specific remedy. This is similar to the second exception, but applies to what they actually intend to do to you, not what they normally do to all consumers. (Example: We received your letter asking that we not contact you again. However, if you do not pay the debt within 14 days, a lawsuit will be filed against you.)

There are some important rules you should follow when sending a cease and desist request to a debt collector. The request must be made in writing. A request made over the phone will have no legal effect. You should always send your cease and desist letter in a manner by which you can prove that the debt collector received it (such as certified mail with a return receipt, UPS, FedEx, etc.). The notification is not legally binding until the debt collector receives it.

There is no magical language that must be used when making a cease and desist request. You don't even have to use the words "cease and desist." It is enough to simply say "I refuse to pay this debt," or "Please do not communicate with me again about this debt." Make sure to include the account number in your letter. You should not limit the request to only written or oral communications. For example, if your letter says "You may not contact me by phone, you may only contact me in writing," your request may not be legally effective.

If a debt collector has failed to provide you with the notifications required by law, or a debt collector has made any false representations or notifications to you, then you could be entitled to up to $1000 in damages under the FDCPA, plus payment of your attorneys fees and litigation costs. If you think a debt collector has contacted you in violation of the law, or even if you are not sure, call to speak with one of our experienced fair debt collection attorneys for a free case review.