Call for Free Consultation
1-877-571-9690
Hours from 8:00 AM to 6:00 PM EST

Cease And Desist Letter

This cease and desist letter only applies to third party debt collectors and not original creditors. Do not send this letter to an original creditor as the Federal FDCPA law that helps protect you from being contacted by annoying debt collectors does not apply to original creditors. More about debt collectors.


Your name
Your address

Debt collector's name
Debt collector's address

[We suggest you fax or send by certified or overnight mail so that you have a record of RECEIPT by the debt collector]

Re: [account number]

Ladies/Gentlemen:

Please be advised that we dispute the claimed debt(s) described above.

Please provide any contract or agreement we signed and an account history showing how you arrived at the conclusion that we owe the amounts claimed and when this alleged debt(s) was charged off. Furthermore, you are hereby requested, as required by the Uniform Commercial Code, to provide copies of assignments and other documents showing that you or your principal is in fact the assignee of the debt(s) described above and that you are legally authorized to attempt to collect the claimed debt(s) from us. Unless and until such proof is furnished, we do not recognize any right on your part to attempt to collect any amount from us through any means whatever, including credit reporting.

We refuse to pay any debt which has not been substantiated in the manner we request and direct you to cease further communications unless and until you can provide such substantiation.

Thank you.

Sincerely,

[Sign]

Cease and Desist Letter (Word Doc)


Notice: You may not have a legal obligation to pay a debt purchased by a third party debt collection organization. You may not maintain a contract with a third party debt collector. A third party debt collector will attempt to engage you in a contract based on the potential statements you make while communicating with them and actions you take such as making payments. Do not engage in any conversations with a third party debt collector. Do not admit that the debt is yours. Make the pursuing debt collector substantiate that they are legally allowed to collect on that debt. This cease and desist letter can help you accomplish that.


Warning: Do not send this cease and desist letter to an original creditor. The Federal FDCPA law to empower cease and desist does not apply to them. By doing so, the original creditor may believe that you are trying to avoid paying your debts. Then in most instances, they will immediately send your account to a high priority debt collection file, usually with a local debt collection attorney that commonly summons debtors to court.


Why do other debt settlement companies send out cease and desist letters to original creditors such as American Express, Capital One, Chase Bank, or Bank of America?

Put simply, because they are not consumer law attorneys and don't know exactly what they are doing. Probably because they read it on the internet somewhere from another misinformed person. It seems that sending out cease and desist letters to original creditors has snow balled into a common trend amongst consumers and non attorney managed debt settlement services. Unfortunately, sending original creditors cease and desist letters is usually the number one reason why many consumers get sued.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed. FTC

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor. FTC

 


The Attorneys are Licensed by the Bar Association

The Law Firm are Members of the Better Business Bureau

The Attorneys Offer a 100% Money Back Guarantee


Page copy protected against web site content infringement by Copyscape

 

THE DEBT NEGOTIATION ATTORNEYS YOU RETAIN AT CONSUMER DEBT LAW SERVICES HAVE SETTLED MULTI MILLIONS OF DOLLARS IN CONSUMER DEBT OVER THE PAST 15 YEARS. NEGOTIATING THE MOST AGGRESSIVE DEBT SETTLEMENTS IS THE FOCUS OF THE LAW FIRM'S PRACTICE.

ATTORNEY MANAGED DEBT SETTLEMENT SERVICES THROUGHOUT THE UNITED STATES: AL, AK, AZ, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY

© 2007 - 2008 Consumer Debt Law Services, Inc. ® All rights reserved.