End Creditor Harassment With This Sample Cease and Desist Letter

Sample cease and desist letterHarassing calls from bill collectors is a very stressful situation but you are not helpless when it comes to getting things under control. Most debt collection services and bill collectors use low-life and harassing collection tactics designed to break you down to the point of submission. Collection agencies routinely and blatantly violate the law with threats and obsessive phone calls.

The Federal Trade Commission’s (FTC) clearly outlines your right to send a written request to stop credit harassment.

  1. Make a copy of your letter.
  2. Send the original by certified mail.
  3. Pay for a “return receipt” to document the collector received the letter.

It’s a bad idea to leave the creditor with no form of contact at all. This may pressure them into taking legal action if they suspect you will not pay. I recommend allowing contact via postal mail and/or email. The Cease and Desist sample letter provided below reflects as such.

Note:

  • Cease and Desist letters to a debt collector you owe money to do not void the debt you owe.
  • The creditor or the debt collector can still sue you to collect the debt.
  • The creditor or the debt collector may still contact you to inform you that they have filed suit or other proceedings.

Sample Cease and Desist Letter

Bonus: Downloadable Cease and Desist Letter Samples

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Cease and Desist

(Date)
(Name(s) on the credit account)
(Your Address)

(Creditor/Company name)
(Account #)

To Whom It Mat Concern:

Due to circumstances beyond my control I have fallen behind on my monthly payment. Your collection attempts and daily phone calls have become a form of harassment and must stop immediately.

You have blatantly and repeatedly violated the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debt. Daily phone calls are unacceptable and further harassment will be reported to the FTC.

Accordingly, under 15 U.S.C. Sec. 1692c of the Fair Debt Collection Practices Act, this is my formal written notice to you to Cease And Desist all further communications by phone. I also request you not contact my employer or any other third party regarding my overdue account. You may contact me by email or postal mail only.

I fully intend to pay this dept and I will give this matter my upmost attention but it will take a little time. I regret it came to this and I assure you I will not use this development to avoid my obligation and will catch up as soon as possible.

Sincerely,

(Signature)

(Printed Full Name)
(Full Postal Address)
(Your Email Address)

4 thoughts on “End Creditor Harassment With This Sample Cease and Desist Letter

  1. Stephanie

    Also known as a ‘drop dead’ letter. Legally, you can’t be contacted by third party debt collectors once this letter is sent. Or so I’ve heard. I’m not a lawyer so don’t take my word as expert legal advice.

    Reply
  2. Brian Post author

    The same here, I’m not a lawyer but I know the letter works. The problem comes when it forces the creditor’s hand. The Cease and Desist letter should only be used if they are absolutely sure they will be able to catch up before the next collection phase.

    Reply
  3. Kim Rawks

    Steph, I believe the key is what you said – third party. Often creditors sell debt to collection agencies when they don’t feel they’ll ever get repaid. Collection agencies are working hundreds of accounts like this. The letter works best in that situation.

    Reply
  4. Jennifer D.

    I believe creditors have the right to come after the money you owe them, but they do need to be a little more reasonable in their approach. Threatening phone calls with obscene language make some people LESS willing to cooperate.

    Reply

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