Should I Send A Cease And Desist Letter To Debt Collector?
Find out the advantage and disadvantages of sending a collector a cease and desist letter.
Keep it simple when looking for a solution
It is no fun having debt collectors call or write you so it is tempting to send a letter that makes the collection agency leave you alone, right? So is a cease and desist letter something that you should automatically send to any collector calling you or writing you?
Maybe.
Let’s look at the good and the bad of sending this type of letter under the FDCPA (Fair Debt Collection Practices Act):
Reasons to send a cease and desist letter
When you send a cease and desist letter, it requires that debt collector (and only that debt collector) to stop calling or writing you.
There is no magic language for a cease and desist letter — it is simply one that tells the collector to stop contacting you or that you refuse to pay the debt.
Here’s the language from the FDCPA (1692c(c)):
(c) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—
(1) to advise the consumer that the debt collector’s further efforts are being terminated;(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.If such notice from the consumer is made by mail, notification shall be complete upon receipt.
So the letter forbids any real communication with you after you send the letter (and make sure you send it by certified mail). That’s an advantage.
And frankly that is the only advantage.
Reasons to NOT send a cease and desist letter
The letter doesn’t stop credit reporting.
It won’t stop a collection lawsuit.
It won’t stop the collector transferring or selling the debt to another debt collector.
All it does is stop the calls and letters from this collector to you.
If the debt collector is not abusive, then what’s the harm of the calls and letters?
And if the collector is abusive towards you, then document the abusive calls/letters and sue in federal court. You think a cease and desist letter is good — you should see a federal court lawsuit that hits a collector. That’s the real cease and desist letter!
So what should you do?
One of two things — either decide for yourself without any help whether you should send this type of letter OR contact us to let us help you discover what the best option for you is in your unique circumstances.
Here are some thoughts for you:
- Is it too late to sue you (statute of limitations has expired)?
- Is it too late to credit report on you?
- Is the collector acting abusive towards you?
These will help you think through whether it makes sense to send a cease and desist letter.
If you would like us to help you think through your options, please call us at 205-879-2447 or click on the button below:
Have a great day!