HOW TO GET A DEBT COLLECTOR TO STOP CONTACTING YOU

MORE INFORMATION ON HOW TO GET A DEBT COLLECTOR TO STOP CONTACTING YOU

The Fair Debt Collection Practices Act states that if you notify a debt collector in writing that you refuse to pay a debt or that you wish for the debt collector to cease all communication with you, they may NOT contact you again (with a couple of small exceptions)! A debt collector's failure to abide by your request that they "cease and desist" from further collection activities entitles you to money damages and to have your attorneys fees paid by the debt collector!

The "cease and desist" request MUST be in writing in order to have the proper legal effect. You should send the letter by certified mail, return receipt requested, or some other form of delivery where you will be able to prove that it was received by the debt collector. They will likely deny receiving your letter. It will be much easier to prove they did receive it if you have the certified mail "green card" or some other proof of delivery. Make sure to save a signed copy of your letter too!

Your "cease and desist" letter should clearly state all of the following information. However, it does not have to be anything fancy. A simple typed or handwritten letter will suffice.

  • Tell the debt collector that you are refusing to pay the debt, if that is the case. However, this may not be the best course of action if you know you owe the debt. It is not necessary for you to refuse to pay the debt for the letter to have its desired legal effect.
  • Tell the debt collector that you want them to cease all communications with you and with any third parties regarding the debt.
  • Tell the debt collector that you are sending the letter as legal notice under the Fair Debt Collection Practices Act.

If a debt collector has violated your request that they cease contacting you or is otherwise violating your rights, call Luxenburg & Levin's experienced fair debt collection attorneys toll-free at (877) 861-3756 to find out how we can help you or complete our online for a free FDCPA case review.