When does it make sense to send a collector a cease and desist letter?
A cease and desist letter is something you send to a debt collector telling them that you wish to have no more contact with them. It may also state that you refuse to pay them.
With this letter, you are telling the collector that you do not want to hear from them again. This cuts off all communication – text messages, phone calls, and letters (with a few small exceptions.)
When should you use a cease and desist letter?
I recommend that these be used when dealing with very old debt. A debt that is so old that they can not credit report on it (7 and 1/2 years from last payment). And it is too old for them to sue (this time frame depends on the specific debt).
When the debt is too old to sue and too old to credit report, their only option is to call you or write you letters.
So, you can send a cease and desist letter to stop these communications.
There is no magic language to a cease and desist letter. Typically, I would send something very general requesting that they cease communication on any debt they say that you owe which you deny owing.
If they are confused, ask them to tell you why. Give them your information.
Most likely, they will not communicate with you anymore and will sell the debt or transfer it to another company.
Your cease and desist letter does not follow to the new debt collector.
Now when the next collector contacts you, and you’re confident it is too old to report and too old to sue, you send another cease and desist letter.
If you find a collector who contacts you outside of the few exceptions provided by the FDCPA, you can now take action against them for the violation. If they use a text message or automated call to your cell phone, then you may have a claim under the TCPA.
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