Fair Debt Collection Practices Act Letter

There are two types of letters which are very useful for consumers in dealing with debt collectors, thanks to the Fair Debt Collection Practices Act. This Federal law covers collection agencies, debt collection lawyers and second-hand debt buyers in all 50 states, and prohibits improper communications, debt collection harassment or abuse, and the use of unfair means to collect a debt. It also provides the legal basis for a consumer to send a “cease and desist” or a “verification” letter to a debt collector. These Fair Debt Collection Practices Act letters can help halt the constant annoying phone calls from debt collectors, but it is important to use the proper wording and ensure the collector receives your letter.

The Fair Debt Collection Practices Act states that if you send a letter to a debt collector (notify them 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 (with some rare and minor exceptions). There are some important rules you should follow when sending a “cease and desist” letter to a debt collector. The request must be made in writing. You should always send your Fair Debt Collection Practices Act letter in a way that provides proof the debt collector received the letter, such as certified mail with a return receipt (green card), fax transmission, UPS or FedEx. The notification is not legally binding until the debt collector receives it. But if the debt collector contacts you, even once, after.

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.

The Fair Debt Collection Practices Act (FDCPA) also provides that within five days after a debt collector's first communication with you, the collector must send you written notice of your right to obtain verification of the debt or a copy of a judgment against you. If you then notify the debt collector in writing within 30 days after you receive the notice that the debt is disputed, the debt collector must stop collection of the debt until it obtains verification of the debt or a copy of a judgment against you and mails that information to you. Again, you should always send your Fair Debt Collection Practices Act letter in a way that proves the debt collector received the letter, such as certified mail, return receipt requested. Until verification of the debt is provided to you, the collector cannot call you, send you a letter or take any further steps at all to collect the debt.

If you sent a proper Fair Debt Collection Practices Act letter and the debt collector has continued calling you demanding payment (or taken any other collection actions), you can be entitled to up to $1000 in damages, plus the debt collector has to pay your attorney fees. This allows us to offer our services to qualifying consumers at no cost to you. Fill out our form for a free attorney case review, or call us at (877) 861-3756 to speak with an attorney now. Even if you have not sent the letter yet, let us help ensure it is done properly.