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 ________________

Great example, I am sure that a lot of people will use this cease and desist letter.

Fri, 04/04/2008 - 18:18 Permalink

I like this letter. Can you, 'LEGALLY, do anything, if the CA CONTINUES to call, AFTER receiving this letter?

Sun, 04/06/2008 - 13:08 Permalink

I am sure that if they continue to harass you that you could get them for violating the law, it probably states on the fair debt collection web page, most of the laws are there and they tell you what to do if they are violated.

Sun, 04/06/2008 - 23:05 Permalink

they tell you what to do if they are violated.

Like getting a lawyer.

Mon, 04/07/2008 - 03:54 Permalink

I agree here. A lawyer will be required for further help. Violation of law which happens random enough, needs strictly legal steps to be taken against them. So a lawyer is the most required individual here.

Mon, 04/07/2008 - 04:52 Permalink

You will see a lot of group lawsuit, class action suits come off this way.

Sun, 04/20/2008 - 00:17 Permalink

Thats what needs to be done. Lawyers are expensive and most of us wouldn't be in this situation if we had any.

Mon, 04/21/2008 - 00:51 Permalink

Most attornies will take class action lawsuits on a contingency plan, if they win they get paid. So they make sure they only take on the ones that they think they will have luck with.

Tue, 04/22/2008 - 01:42 Permalink

Can't say I blame them. I imagine something like this require work.

Wed, 04/23/2008 - 20:37 Permalink

Not about blaming anyone for being expensive. They do the legal work and hence its okay if they charge money. Well a class action lawsuit is a good idea. I think I came across a thread where a participant welcomed people to take part in such a lawsuit. Kudos to them to dare to do things.

Thu, 04/24/2008 - 05:32 Permalink

Kudos indeed. That is actually a pretty good idea. How else can you get others to jump in and take action...by advertising. I like that idea.

Sat, 04/26/2008 - 23:19 Permalink

Some just don't follow through, I put my name on a list for CACH, LLC, haven't heard a thing.

Sun, 04/27/2008 - 12:34 Permalink

It would be nice if they did. The harassment is sometimes too much to deal with from these companies.

Mon, 05/05/2008 - 22:18 Permalink

Tell me about it, they really go overboard sometimes, to the point of harrassment, it does cause a lot of stress on peoples live, they don't really care what affect they have on people at all.

Thu, 05/15/2008 - 01:24 Permalink
Anonymous (not verified)

I too agree you goodnatured, the harassment sometimes become intolerable.

Thu, 05/15/2008 - 11:48 Permalink

I do not get their harrasment theory. People who have debt already have enough stress. Do they really think that having someone treat them like a dog is gonna get a payment. When I had one calling me who acted rude I just quit picking up the phone. It really doesn't get results.

Sun, 05/18/2008 - 23:11 Permalink

Harrassment is illegal under the FCRA and a quick CND letter to the CA will slove that problem.

Mon, 05/19/2008 - 06:26 Permalink

This could be only a tekp. fix especially if they really have a legal leg to stand on.

Mon, 05/19/2008 - 11:29 Permalink

They know that most people will not pursue legal action against them. I did not even know that legal action was possible until I started visiting these forums, they can be as rude and as obnoxios and threatning as they want to be as long as people don't do anything about it. How can people do anything about it if they don't know that they can?

It is good that we have places like this to come and learn about the laws that govern these collectors, but really most people are clueless.

Mon, 05/26/2008 - 12:55 Permalink

While I agree with Goodnatured about the importance of knowing your rights. I disagree with fireyone, There is no legal leg that allows bullying or harrassment. Generally, letters to the FTC or your local AG will clear that problem right up.

Wed, 05/28/2008 - 06:13 Permalink

I too think that if the CA harass you, you can file a complaint with the FTC under FDCA. You can also sent a cease and desist letter to the CA under Section 805 of the Fair Debt Collection Practices Act as CMBV pointed out.

Wed, 05/28/2008 - 12:16 Permalink

Thats at least good to know. I just meant that if they thought they could legally collect on a debt that was within statutes you bet your booty their gonna harass you even more. What really stinks is when you do think you have rid yourself of the problem and quit answering calls they just go and sell it again and here we go all over once more. I know that I owe the debt but I would have paid it if I could. They add on all that crap interest that puts the bill into the high heavens.

Wed, 06/04/2008 - 23:26 Permalink

I know what you mean. I just posted a thread about a CA that called me today not only failing to mention that she was a CA but talking to me like I was a POS. Within 20 minutes of hanging up on her I had drafted a DV letter, filied officail complaints with the CT DOB, FTC and CT AG. Something tells me that they will be on their best behavior from no on :wink:

Thu, 06/05/2008 - 07:13 Permalink

Sometime you have to file all the complaints right from the start, that way they know that you mean business. I have done this in the past.

Thu, 06/05/2008 - 22:43 Permalink

Debt validation letter is what I think is one of the most powerful weapon in these cases. Because until and unless they validate your debt, they cannot force you to pay it. But still if they harass you, you can always file a complaint with the FTC and the AG. And if they validate your debt, you can always come to an agreement for settling your debt along with a PFD agreement.

Fri, 06/06/2008 - 05:39 Permalink

Great points scott, hopefully people will come here and read the posts and get these letters out to these companies.

Sun, 07/13/2008 - 23:29 Permalink

Yes, and I think the sample letter at the beginning of this post is stated well and gets to the point.

Thu, 07/17/2008 - 02:56 Permalink

What I can not figure out is why the call you constanlty for like weeks and then all the sudden for a couple months you hear nothing. My phone quit ringing for a while and it started recently again. I tried the cease and desist with a couple of the other persons who use to live here's Collection agencies plus spoke to them personally about the matter so far nothing has woeked or they resell the debt and it starts again.

Thu, 07/17/2008 - 16:07 Permalink

I like the few months between when they are not calling, all that peace and quiet, huh and then you pay for it when the calls start again.

Fri, 07/18/2008 - 01:33 Permalink
Anonymous (not verified)

Isn't that the truth? I wonder why they quit for a while. Usually I find that when they do this my account has been sold for the umpteenth time and its a whole new collector to deal with.

Fri, 07/18/2008 - 12:10 Permalink

Isn't that the truth? I wonder why they quit for a while. Usually I find that when they do this my account has been sold for the umpteenth time and its a whole new collector to deal with.

Fri, 07/18/2008 - 12:11 Permalink

I would also be nervous about any abrupt stops in calls w/o a FOAD letter. Although I can never figure out why ppl don't send one to every CA who calls.....

Sat, 07/19/2008 - 06:35 Permalink

What is a FOAD letter. Not really good with abbrev..yet. I always thought contacting them with any type of letter would make them contact you even more. Any time I have tried to get rid of them they usually sold the account and it started all over again. At least if I ignore them I get that little break here and there.

Sat, 07/19/2008 - 12:48 Permalink

I was hoping for an answer here. It really has my mind boggled.

Mon, 07/21/2008 - 00:41 Permalink

LOL FOAD is short for F*@$ Off And Die,it is bascially a CND letter. Also, if anyone you send a FOAD, CND letter to continues to contact you, it is grounds for a harrassment suit.

Now, keep in mind that if they have a legit reason to contact you and you send them the FOAD letter, While they cannot contact you anymore they can still report to CRAs and possibly start a lawsuit.

This is why you will want to limit your FOAD letters to CAs past the SOL or who have been unable to validate debt

Mon, 07/21/2008 - 18:09 Permalink

I like that. I had to laugh myself. Boy you are really teaching goodnatured and I some things. Thanks

Tue, 07/22/2008 - 00:57 Permalink

You can find a FOAD letter in this forum itself. I searched and found one. Here is the link http://www.creditmagic.org/repair/7years-old-collector.html .
FOAD letters can be used when a debt has crossed its SOL period and is no longer collectible but the CA still harass you for the debt. This letter is generally send to the CA to warn him that he is violating the FDCA act and you are likely to file a lawsuit against him if he continues disturbing you.

Wed, 07/23/2008 - 06:17 Permalink

Oh my god, I never would have thought that, LMAO, I wonder if the collectors read it like that, ha, ha.

Thu, 07/24/2008 - 02:44 Permalink

That is a really good example of of FOAD letter. Have to keep that one in mind.

Thu, 07/24/2008 - 23:29 Permalink

You are going to be able to find any letter you need here soon, building up quite a library.

Sun, 08/10/2008 - 05:42 Permalink

Isn't that really awesome. Not only building up the library but the other places you can go if you can't find what your looking for. Example : like cmbv home page and other places people refer you to.

Mon, 08/11/2008 - 01:17 Permalink

That is a great idea, a list of most used resources and list the letters and websites under that link.

Mon, 08/11/2008 - 03:29 Permalink

It really is helpful to the unezperienced credit person. You know how lost we both probaly was when all this scary stuff strted coming around. To have info like this is really great.

Mon, 08/11/2008 - 12:31 Permalink

I felt all kinds of emotion when the collectors started calling, I had fear of what they could do, they were so nasty and forceful and then when they started threatening me, I finally got mad and that is when I came here. I have never looked back. I am glad to have found this site and the debt site. They stopped being so intimidating as I learned the laws and started giving it right back to them.

Tue, 08/12/2008 - 01:09 Permalink

You are right about the many different emotions. Usually when I talked to them I felt more intimidated than anything. Sice coming here and becoming part of the forum that intimidation is no longer there.

Tue, 08/12/2008 - 16:59 Permalink

You feel more confident when you know that you are not alone, you can come here and get all the support that you need to fight the collectors.

I have a question for you guys, I have not been here in about a week, it seems as if my posts are worth less and less, are you guys finding that to be true also?

Wed, 08/13/2008 - 02:11 Permalink