Has a collector contacted any of your family members or known associates? According to the FDCPA, a debt collector can only contact you, your attorney, or a consumer reporting agency. If a debt collector is constantly harassing you, has not confirmed that the debts are yours, or the statute of limitations has passed for this debt, you may want to send a cease-and-desist letter to the debt collector. There are a few benefits to sending a cease-and-desist letter to a creditor.
If they continue to contact you after you send your cease and desist letter, you can sue them for violating the FDCPA ACT and file complaints with the appropriate agencies. Now that you know your rights, you can take a few steps to stop any further harassment from annoying debt collectors.
You can use the following Cease and Desist letter to debt collectors as a template. You can fill in the appropriate information and mail this to the debt collection agency harassing you. The Fair Debt Collection Practices Act specifies that debt collectors are to terminate and cease communication upon receipt of written notice.
Should you need to provide notice of receipt of this letter, please forward said communications to the address listed above. Any additional correspondence I receive from you will be well documented and used to notify the appropriate agencies of your violation of the FDCPA. Please be advised that if communications continue, I will seek immediate and proper remedy under the law. Additionally, I will file complaints with the Federal Trade Commission and the local attorney general's office.
The threat of legal action under this law, enacted in , often has a powerful effect on debt collectors. Violations can result in significant penalties against the debt collection agency if it does not comply with the FDCPA. If you send a cease and desist letter against a debt collection agency, it may stop the conduct that violates your legal rights.
A trademark is an important piece of intellectual property that deserves powerful protection. It identifies your brand and represents your product.
A valid trademark is legally protected from use by other parties. Infringing on a trademark can lead to federal claims of trademark violations and may result in substantial civil damages. A cease and desist letter can help stop further trademark infringement without the need to file a civil claim. They also may not know that their mark or logo has caused or is causing brand confusion with your own trademark. A cease and desist letter informs the other party of trademark infringement, requesting that they stop these actions or face litigation for violating your trademark.
Most individuals and businesses will adhere to your cease and desist request to avoid a costly legal battle. If they do not halt the illegal actions that infringe on your trademark, you always have the option to follow up on your legal threat and file a lawsuit against them.
When a company or individual owns the copyright to a protected work, there is substantial value in guarding its use. A copyright holder is granted specific rights under federal law, which typically include:. These and many other protected rights may be violated by an unscrupulous third party. Organizations or individuals who engage in this illegal conduct are likely in violation of federal copyright law.
Threatening legal action may be enough to stop the offending conduct or violation. A copyright infringement letter may also seek compensation for the use of the protected work. Many may want to allow a third party to sell their copyrighted books, for example, if the third party compensates them for this.
A cease and desist letter concerning copyright infringement gives you the flexibility to decide how you want your protected work used. In this case, you are not bound to a specific option but can choose what is right for your particular situation. Defamation occurs when another party is making untrue and harmful statements about you or your company.
These statements can be incredibly harmful to your reputation and your bottom line. A cease and desist letter may help prevent any future occurrences of these false statements. Defamation occurs in two primary categories :. The legal distinction between the two is usually immaterial for a cease and desist letter.
If a person or company spreads false or inaccurate information in written or spoken statements, a cease and desist letter may help prevent future violations of your rights. When a person or organization violates your legal rights, a cease and desist letter may be the appropriate course of action to put a stop to it.
It would be much better to have a repayment agreement with the creditor. Preferable typed and printed from a computer. The instructions need to be legible or the agency will possibly discard them. Below is a sample cease and desist letter to a collection agency. It is written as a formal business letter and sent by certified mail with a return receipt requested.
RE: Cease and desist contact of Account Number. You have the right to demand that a third-party debt collector stop communicating with you about your debt. This article explains how to write a cease and desist letter that tells a debt collection agency not to contact you anymore. It includes a sample cease and desist letter for easy reference. Written by the Upsolve Team.
This article will explain how to write a cease and desist letter that tells a debt collection agency not to contact you anymore. A cease and desist letter is a formal request that you send a debt collector to stop contacting you about a debt.
This contact includes collection calls and demand letters. Unless you record this phone call, your phone request will be more difficult to prove than if it were made in writing. Include your contact information and send this letter via certified mail with a return receipt requested so that you know if and when the creditor receives your letter. Once the debt collector receives a cease and desist letter, it must stop all further contact unless the law permits otherwise.
To notify you that it may use specific remedies ordinarily used by a debt collector or creditor to collect your debt. To notify you that it intends to use a specific remedy, such as a debt collection lawsuit. Essentially, the debt collector gets one final call to tell you what further actions it intends to take. It may offer to settle your debt for a smaller amount during this conversation, so it might be wise to accept this final call.
A cease and desist letter only applies to one particular debt and the debt collector trying to collect it. If more than one creditor is harassing you for more than one debt, you will need to send each one a cease and desist letter. Even if the same creditor is trying to collect two different debts from you, you must write a letter for each of the two debts.
It only applies to third-party debt collectors. The FDCPA also only applies to personal, consumer debts, including credit card debt, auto loans, medical bills, student loans, mortgages, and other household debts.
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