Sometimes unexpected financial consequences can occur due to life events. Calls and letters from creditors can add stress to an already stressful situation for debtors who don’t have the financial resources to pay their bills.
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You can stop creditors from contacting you if you are unable pay your bills. This will stop creditors and collection agencies from communicating with you, except to notify you that efforts to collect the debt have stopped or that they may seek other remedies.
What is a cease and desist letter?
A cease-and-desist letter is a formal request to debt collectors not to contact you about a debt that you owe. Federal Fair Debt Collections Practices Act, (FDCPA), requires that debt collectors cease all communication with you once they have received the letter.
Talking to an attorney is a smart thing to do in order to make the right decision for you. You may also consider:
- All creditor communications should be directed to your attorney
- Obtained an automatic stay in bankruptcy
- Restructuring your debt
- Negotiating a settlement for debt reduction with the creditor
- Sending the letter
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Send the letter by certified mail and include a return receipt. You will be able to provide evidence that the letter was received by the debt collector, as they must sign it. Keep a copy of your letter for your records.
What happens after you send the letter?
You should receive your return receipt within a few business days after you have sent the letter by certified mail. After that, the creditor cannot contact you again. If the statute of limitations on the debt has expired, the issue will be closed. If that is not the situation, the creditor may sue you in court to collect the debts.
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What happens if the creditor doesn’t comply with the letter?
All communication, including phone calls to your home, cellphone, or workplace must cease after you have sent the letter. You can sue your creditors for violating the FDCPA if the collection calls continue or if you are harassed by creditors.
You can also file a complaint with your State Attorney General or the Consumer Financial Protection Bureau.
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How to Avoid being Harassed by a Creditor An attorney can help.
After you have sent the cease communication letter, a creditor must stop contacting your. A creditor who ignores your cease communication letter is in violation of both federal and state law. If you need legal advice about your options, speak to a bankruptcy lawyer.
