Cease and Desist letter - A legal letter to the creditors

Submitted by Richard on Fri, 04/04/2008 - 10:48

You can send a Cease and Desist letter to the collectors requesting them to stop calling you. Below is a Sample Cease and Desist letter (CND letter).

Your Name __________
Your Address __________
Your Phone # __________

Collector's Name _______________________
Collector's Address _____________________

Date ________________________

Dear Sir or Madam,

Re: Account Number ____________

This is a request to Cease and Desist any further collection attempts on the debt referenced above. I would prefer working with the original creditor.

You are therefore apprised, in accordance with state and the federal laws, to cease all collection attempts immediately or face legal action.


Your Signature ________________

Your Name ________________

I think that statement says it all, there is safety in numbers and some how we have all connected and even when we are alone at home and the collector calls, our invisible group is there and we display the courage needed to fight back.

Wed, 08/13/2008 - 03:57 Permalink

Actually credit is a vast subject and the collection agencies take advantage of the people who actually do not have any knowledge of how to repair credit. So if you have proper knowledge of credit, I think you will be in a better position to deal with the CAs. Debt validation is the most important instrument to deal with the collection agencies and to stop them from collecting debt if they cannot prove that they have bought the debt from the original creditor.

Wed, 08/13/2008 - 11:45 Permalink

This is true. I believe we all find inner courage to stand up to these types of people when we have other in our corner going through the same thing. As per your question ERB I asked it on another post. I noticed the same thing. I will have to see if I get an answer and If I do I will let ya know. I am going to check the pub a nd see if we missed something.

Wed, 08/13/2008 - 11:54 Permalink

They need to have these kinds of group meetings around are neck of the woods. Kind of like AA. Probaly find there are more people in need of help and support because of debt than drugs and alcohol. Debt is proba;ly what leads them there.

Fri, 08/15/2008 - 11:27 Permalink

Thats what I would do. Come here and get all the counseling ya need.

Sat, 08/16/2008 - 14:31 Permalink

I don't think that I would actually attend anything that I had to do in person, I feel more comfortable putting all my laundry out on a website, I think that people will be more willing to be open and honest if they are not showing their face. I know that I would not want to sit in a room full and put it all out there the way we do here.

Sat, 09/06/2008 - 00:39 Permalink

Yes this is true. Soemtimes I feel a little embarrassed by it all so at least this way people can't see the face of the debtor.

Sat, 09/06/2008 - 02:34 Permalink

You wouldn't necessarliy need enough money for a class action. Some lawyers if they feel there is a good enough case will take on something like this without any money up front. I am sure they would have to know it was a solid case and would research it in detail. In the end they would get a good profit from the reward from the court and also make a pretty good name for themselves. It is kind of like the vehicle accident atty's. You always hear that saying "never a fee inless we get money for you"? I think this would also be something an atty would be willing to do on the same basis.

Sat, 11/29/2008 - 16:05 Permalink

Just wanted to add my two cents...

A cease and desist letter can prevent them from contacting you beyond one more letter. (They're entitled to send you one last letter after receiving your C&D.)

Important though, is the fact that it does not prevent them from collecting the debt, via credit reporting through Equifax, Experian, and TransUnion...

It also doesn't prevent them from suing you, if they have a "valid" claim, within the statute of limitations in your state. (Though few ever do have a truly valid claim...)

Tue, 12/02/2008 - 12:03 Permalink

Yes, cease and desist letter will immediately stop them from calling you as it is a legal letter. However, before you send a cease and desist letter, you should send a debt validation letter by certified mail to be sure that you do not owe any debt to the creditor who is calling you up. If they cannot properly validate the debt within 30 days from the date of receipt of the letter, you can send a C and D letter, since the creditors will move your account to legal status once this letter is send and can sue you to recover the debt.

Wed, 12/03/2008 - 07:05 Permalink
jeromejohnson@… (not verified)

I once heard that there was a government telephone number that one could call asking to have all collection "telephone calls stopped"--is that true? And if it is, could someone please advise me of such a number--a good friend of mine is going crazy!

Thu, 02/19/2009 - 03:45 Permalink

I don't think that there is any such number to report against any collection agency. If you find any collection agency continuously disturbing you, just file a complaint with the Federal Trade Commission by visiting their website. Filing a complaint will definitely help you to get rid of the collection agency if they are illegally forcing you to repay a debt which you do not owe. The collection agencies always give first importance to FTC.

Thu, 02/19/2009 - 08:53 Permalink

You can call Federal Trade Commission at their helpline number 1-877-382-4357 and file a complaint. You can also fill up a complaint form online or mail it at
Consumer Response Center
600 Pennsylvania Avenue, NW, Washington, DC 20580

Thu, 02/19/2009 - 09:02 Permalink

Thank you for posting this sample letter. I've posted on the forum my own situation and I feel it would be better for myself to deal with the original creditor. I had received a letter from Merchants Credit Guide for a debt from my ex husband that was charged off in 2002 that the debt validation said Pinacle credit services.

Wed, 09/02/2009 - 10:59 Permalink

If they see that you are very serious and that you have a lawyer and that you are ready to fight, they just might back off.

Sun, 09/06/2009 - 15:03 Permalink
Louis Walters (not verified)

The debt is not my son's. Three assignees since 2005 have attempted collection. Currently, thew third assignee of Citibank has gone to Court in Georgia.

Since 2005, we have filed with the OCC, New York Attorney General, and more recently FTC and the Congressional Oversight Committee.

Where do we go from here?

Wed, 11/25/2009 - 13:09 Permalink

Hi Louis,

I hope you had already sent a debt validation letter before filing the complaint? If so then, you can tell the OCC and the FTC that they have to been able to prove that the debt belongs to your son. Hence, you have taken this step. I am afraid you do not have much to do after this. You have already done what was required. Just don't give into the pressures of the collection agencies.

If the CA sends you summons then appear in the court and tell the judge about your case.

Fri, 11/27/2009 - 05:37 Permalink

It would seem to me this bounce method would make the original credit throw up his hands and throw the debt out the window. I didn't know this idea existed.

Can anyone state the law codes for this?

One thing comes to mind. A collection agency in New York cannot sue a consumer in California ~ but the California business can, like small claims for small amounts. So there is a gamble IF I AM CORRECT.

Does statute of limitations save you, or restart the clock, going back to the orignal creditor?

Sat, 04/10/2010 - 06:12 Permalink

Hi Shintao,

When the account is pulled back by the original creditor the Statute of Limitations restarts. A creditor will not pull back an account of his own accord. He will do so only when you request him to pull back the account from the collection agency, so that you can make a repayment plan with the creditor. The SOL restarts from the time when you start paying off the dues.



Sat, 04/10/2010 - 10:32 Permalink
jeanie (not verified)

i am being harassed about a credit card debt that started at $300 and now has grown to over a $1000; they call and call; i have tried talking to them to set up payments; they decline; say i charged; i pay; they are sooo rude; now i don't answer; but they keep calling and i want to stop it; how do i do this? i am very new to this. Do i send the letter asking them to validate? the original debt of $300 is real; i was young and stupid and just ignored it; it's been 2-3 years and now its gotten worse; do i ask them NOT to call me only use mail? how do i make this go away? i read that a paid collection debt is not much better than an unpaid one; is that true?

Wed, 04/28/2010 - 01:53 Permalink
carpter (not verified)

If you think or know of someone that has commited the violation go to the FTC (federal Trade comission) and fill out the online complaint form and then do the samething but send the second one to the BBB. The BBB is much faster and nither one charges anything to you.If you are in the right they (the FTC) will be your attorney. Also contact your state attorney general's website or by phone.

Fri, 05/14/2010 - 09:41 Permalink


Yes, if any creditor or collection agency does not comply with the request to cease the collection calls then the debtor can file a complaint to the Federal Trading Commission.

However, this can only be done, when the debtor is aware that he doesn't owe any money to the creditor/lender ro collection agency.



Fri, 05/14/2010 - 09:49 Permalink
Big Dawg (not verified)

If your FCRA Rights have been violated or you got a**hole collection agencies calling you or what not visit attorneysforconsumers.com fill out the free case review form on this site and an attorney will contact you within the next 24 hours and it is all free the collection agency will pay your attorney fees and you can get up to 1000 in statitory damages.

Wed, 06/02/2010 - 05:34 Permalink

If this letter is sent to a creditor or any party for that matter, and they are found to ignore or violate it, of course you want to let the company know they violated and can take action.
But keep in mind, if you don't keep up a good address or some other way to have them contact you, you can miss on opportunites to solve your account status or of options to help you. And if you avoid them, they can take you legal/sue you for the account, and make it worse then it was before the cease and desist was completed. So be sure you have a manager to directly email or call etc. and stay within the state laws of cease and desist and remember your credit and charges and everything else do matter.
It doesn't just go away, keep that in mind when you want to buy a dhouse, car, or need expense help, etc.

Wed, 11/03/2010 - 19:42 Permalink

Can you really use that in any situation and do you still get charged the fees from the company for turning it over to the collectors?

Sat, 11/13/2010 - 17:21 Permalink
Anonymous (not verified)

Stancey has clearly pointed out that just ignoring the matter will make it worse and ultimately the person has to suffer on large scale...So there is no point in hiding the reality,rather one should directly admit the reality and try to face it with all the available legal tools...


Wed, 11/17/2010 - 06:38 Permalink
Jan (not verified)

These are some circumstances that go well with banks : You might not affrod payments for the last 3 months You lost your job or faced a medical emergency Repossession company owns your account now and they're hectoring you You aren't fit for debt consolidation programme or do not have any collateral for it Insolvency is the sole debt control option How Is Debt Negotiation Pursued? The debt negotiation company speaks with your lenders and explain your financial standpoint. Negotiation with creditors and settlement offer : A jointly acceptable amount is bartered for and the final settlement letter is sent in writing to the debtor.

Sun, 10/28/2012 - 11:13 Permalink
Garth (not verified)

Does any of this work for student loans that are from the gov. i have sent the CA a DV and not a C and D yet. I was waiting to see what the DV response would be. I guess my real question is, is there any fighting these payments that they have determined I can afford every month, (which I can't), would the OC of these kind of loans be willing to work with me more so than the CA? I just don't know.

Thu, 11/29/2012 - 05:50 Permalink
Garth (not verified)

Does any of this work for student loans that are from the gov. i have sent the CA a DV and not a C and D yet. I was waiting to see what the DV response would be. I guess my real question is, is there any fighting these payments that they have determined I can afford every month, (which I can't), would the OC of these kind of loans be willing to work with me more so than the CA? I just don't know.

Thu, 11/29/2012 - 05:50 Permalink
Anonymous (not verified)

Exactly should follow this..?? thank for your help.

Wed, 05/01/2013 - 11:30 Permalink

This format is very helpful for me, It is easy to write our complaint through this format. Thanks for sharing it.

Tue, 06/25/2013 - 06:27 Permalink

You have mentioned great information, it really helpful for me. Thanks for sharing it.

Tue, 07/30/2013 - 10:43 Permalink
smartypants (not verified)

By responding to a creditor, or even a debt collection company, that is validating the debt. They can then, restart the debt all over again. The best way to deal with an erroneous debt is by dealing with the credit reporting companies only. Dispute the debt with them and they will deal with the creditor. The key is follow-up. You HAVE to follow up with the credit reporting agencies 30 days after submitting your dispute if they have not responded to you. Also, the key is to send your disputes my certified mail. It can get costly but it sure is a lot cheaper than going to credit repair companies who still have you do all the work (for the most part) and charge you hundreds of dollars per month.

Sat, 01/03/2015 - 22:33 Permalink
rogeroh1 (not verified)

why argue with them ask them for a conditional acceptance let them provide you the proof

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