Why and How to Send an FDCPA Cease-and-Desist Letter
When debt collectors keep calling, what can you do if you are not sure you owe the debt or at least the amount they claim? What if you are SURE you do not owe the debt? How can you make them stop calling?
Of course, you can call a Florida debt collection defense attorney who will make the debt collector contacts top immediately. If it’s a large amount and you are not sure whether you owe it, that would be your best bet.
Short of that, you can send an FDCPA (Fair Debt Collections Practices Act) cease-and-desist letter.
What Kind of FDCPA Cease-and-Desist Letters Are There?
This may be either a cease-and-desist letter or a refusal to pay letter. Both demand that that the debt collector stop contacting you, but
- The verification of information letter asks for verification of the debt and
- The refusal to pay letter says you will not pay the debt. It does not ask for proof of the debt.
Why Send an FDCPA Cease-and-Desist Letter?
Here’s some of the reasons you might send an FDCPA cease-and-desist letter:
- The debt collector is violating the FDCPA by harassing you illegally or committing other violations.
- You don’t owe the debt.
- The debt collector can’t verify the debt after receiving your request for validation or you don’t think they can.
- You did owe the debt, but the statute of limitations has expired. In other words, the time is past when a creditor or debt collector can sue you (unless you do something to resuscitate the debt like start paying on it).
- You don’t want to deal with debt collectors anymore. If you send a cease-and-desist letter, the only way they can collect the debt is to sue you in court.
Why Do I Need to Dispute Inaccurate Debts?
Along with getting the debt collector to stop contacting you, an FDCPA cease-and-desist letter can dispute the debt. To protect your credit, it is absolutely necessary to dispute the debt if it is inaccurate. Good credit can make the difference between financing for that car or home you want. It also enables you to get better rates than those with poor credit.
How Do I Write an FDCPA Cease-and-Desist Letter?
There is some necessary information you must include in the letter:
- Basic information: This includes your full name, the date, your contact information and account information such as account numbers. Do NOT include any accounts the debt collector has not given you or you may alert them to other debts.
- The Debt Collector’s Basic Information: This includes name of the collection agency and their address
- Your Proof of identity: In addition to your full name, you will want to provide your mailing address, date of birth and social security number.
- Reference to the Fair Debt Collections Practices Act (FDCPA).
- Actions demanded of debt collector: This is where you state what action you want the debt collector to take. Depending on the purpose of your letter, such actions may include verifying debts or other information, removing errors and refraining from contacting you.
How Do I Send My Letter?
Send your cease-and-desist letter with return receipt requested. You need a record that you sent the letter, and they received it.
Once the debt collector receives your letter, they are legally required to stop contacting you aside from providing you with any verification information you requested.
Of course, that doesn’t mean it’s the end of it. Your creditor may still sue you in court for the debt if they think you owe it. Should the debt be past the statute of limitations, then hopefully they will close it.
Have you tried to send an FDCPA cease-and-desist letter, but the debt collector has not corrected the error or has not stopped contacting you? If that’s the case, or if you simply want to be sure errors on your account are fixed correctly, you may want to contact an experienced Florida debt collection defense attorney.
The experienced attorneys at Ziegler Diamond Law: Debt Fighters are happy to advise you. Contact us for a free consultation by submitting this form. Or just call us directly at (727) 538-4188 in Clearwater, (813) 225-3111 in Tampa or (352) 600-1326 in Mt. Dora.