Cease and desist letter for debt collection 2023 (guide & free samples)

This post covers Cease and desist letter for debt collection. 

I’m saying: “Stop contacting me.”

Before going into that, I think the following legal background will help you understand what we are exactly doing here (if you are not interested, you can skip the background, but it is worth your ‘eyes’)

On September 20, 1977, Congress approved the Fair Debt Collection Practices Act (FDCPA)  and it did not initially address modern communication methods such as text messages, emails, voicemails, and social media.

To tackle that challenge on, October 30, 2020, The Consumer Financial Protection Bureau issued a final rule amending Regulation F of FDCPA to clarify how debt collectors can use these digital communications.

The rule explains how the FDCPA’s protections apply to digital communications and allows consumers to opt out of receiving electronic messages from debt collectors.

It also describes how debt collectors may use voicemails and limits the number of times they can call you.

The final rule goes into effect on November 30, 2021.

That means from November 30, 2021, you can opt out of all debt collector’s collection communications and opt out of communications via a specific medium.

Based on that rule, For example, You can tell a debt collector to “stop calling,”

That means you have requested that the debt collector not communicate with you via phone calls and prohibit the debt collector from communicating or attempting to communicate via phone calls.

Alternatively, you may also request that a debt collector not use a specific address or phone number.

Therefore, if you fall behind on your credit card payments, medical bills, or even your car loan, you may be bombarded with debt collector calls and letters.  From that background, it is more than clear that, Federal laws give you the right to force a debt collector to stop communicating with you.

How can you do that? Send them a cease and desist letter.

A cease and desist letter is a simple and effective way to request the debt collector to stop all contact with you.

Now! how do you write an effective,  strong cease and desist letter to debt collectors?

Here, I’ll walk you through everything you need to know about it, including;

  • What is Cease and desist letter for debt collection
  • Will Cease and desist letter to debt collectors help you get out of debt?
  • Why do you need it
  • How to write Cease and desist letter for debt collection
  • Cease and desist letter to debt collectors format
  • Sample cease and desist letter to debt collectors.
  • etc.

Let’s get started

What is Cease and desist letter for debt collection

Cease and desist letter for debt collection is a brief statement of facts written by a borrower to request that a debt collector stop contacting him/her about debt.

This letter acts as a formal request that the debt collector immediately stops (“cease”) and refrain (“desist”) from contacting you.

If a debt collector receives your cease and desist letter, he or she must cease all further contact unless the law allows otherwise (we will talk about this later in this post)

Will Cease and desist letter to the debt collector help you get out of debt?

Actually not. A cease and desist letter is a way to formally request that a debt collector stop contacting you about a debt. That does not mean that the debt collector’s collection efforts will cease entirely.

Just because a debt collector can’t legally contact you any longer doesn’t mean you’re not liable for the debt. Keep in mind that the debt collector’s only remaining option is to sue you to recover the debt. (You should get ready to receive a copy of the summons and complaint after sending your letter)

In fact, the law allows debt collection agencies to finally contact you (after they received your letter) for the following purpose

  • To confirm that they have received your letter and they will not contact you again.
  • To inform you that they discontinuing all further collection efforts on the debt.
  • To notify you that they may use specific debt collection or creditor remedies available to collect your debt.
  • To inform you that it intends to use a particular remedy, such as a debt collection lawsuit.

Why do you need a Cease and desist letter for debt collection?

There are several compelling reasons why you should send a cease and desist letter to a debt collector, including the following

  • The collector has misidentified you with another borrower and is harassing you for a debt you do not owe.
  • The statute of limitations has expired, the collector can no longer sue you in court, and you want them to go away.
  • When the collector failed to validate your debt even after your request.
  • You dint want to hear from them again
  • etc.

If a debt collector does not comply with your request to cease communication, they violate the FDCPA.

And you have the right to file a complaint with the Federal Trade Commission (FTC), Consumer Financial Protection Bureau (CFPB), or your state Attorney General or directly sue the collector for harassment (You will not be alone. There were 2,260 FDCPA lawsuits filed between January 1, 2022, and May 31, 2022. (source))

How to write Cease and desist letter for debt collection

A debt collection cease and desist letter is written in business letter format. Begin your letter with your address and contact information, followed by a date and the collector’s address, and explain why you’re writing to ask a debt collector to stop contacting you about a debt. Finish with “Sincerely,” followed by your name and signature.

REMEMBER! Your primary goal in writing a cease and desist letter to debt collectors is to request that a debt collector immediately cease (“cease”) and refrain (“desist”) from contacting you.

Thus, if you want  to write an effective cease and desist letter to debt collectors Do the following;

  1. Include your name and contact information
  2. Include the date of the letter
  3. Include the collector’s address
  4. Include only the information (account numbers, account balances, etc.) already provided by the debt collector in her previous communications (If you give the debt collector more information than they already have, they may be able to use it against you in court if they sue.)
  5. Clearly states that you want him to stop contacting you
  6. Make reference to FDCPA
  7. Provide the reasons why he should not contact you
  8. Explain what will happens if he fails to heed your letter
  9. Do not admit that you owe the debt (refer to the debt as the “alleged debt.”  all the time. If you admit that you owe the debt, you may be able to reset the statute of limitations timeline.)
  10. Maintain a professional tone
  11. Be honest

other useful tips

  • Send your letter by certified mail with a return receipt requested so you know when and if the creditor receives it.
  • Keep a copy.

Format of Cease and desist letter for debt collection

The format for your cease and desist letter for debt collection should be as follows:

  • Your Address
  • Date
  • collector’s address
  • Subject line
  • Salutation
  • [opening paragraph]- A statement that you want him to stop contacting you
  • [body paragraphs]- reason(s) to not contacting you
  • [closing paragraphs] – explain what is next if he will not heed your letter
  • name and signature

Sample cease and desist letter to debt collectors #1

The following sample of cease and desist letter to debt collectors is suitable for general use.

You can use it in case you want the collector to generally stop contacting you.

Your Name
Your Address
City, State, Zip Code
phone
email

DATE

[Collector’s Name]
[Collector’s Street Address]
[Collector’s City, State, and Zip Code]

RE: Cease and desist from Contacting me about a debt

Dear [recepient’s name]/ if unknown, write to whom it may concern

In accordance with my rights under state and federal fair debt collection laws, including the Fair Debt Collection Practices Act (FDCPA), I hereby request that you cease and desist all oral and written communication with me, as well as my family and friends, regarding any and all alleged debts you claim I owe.

Your never-ending phone calls and letters to me have become unbearable. Pushing of this magnitude is completely unacceptable and will not be tolerated in any way.

If you do not comply with this request, I will file complaints with the Federal Trade Commission, the Consumer Financial Protection Bureau, the [your state] attorney general’s office, and other appropriate regulatory bodies including filing a lawsuit against you.

Thank you for your understanding

Sincerely

[signature]

[name]

Sample cease and desist letter to debt collectors #2

The following sample of cease and desist letter to debt collectors is suitable for a specific reason.

You can use it in case you want the collector to stop contacting you because he misidentified you with another borrower

Your Name
Your Address
City, State, Zip Code
phone
email

DATE

[Collector’s Name]
[Collector’s Street Address]
[Collector’s City, State, and Zip Code]

RE: Cease and desist from Contacting me about a debt I do not owe

In accordance with my rights under state and federal fair debt collection laws, including the Fair Debt Collections Practices Act (FDCPA), I hereby request that all calls, oral and written contact to [your phone number and address] regarding the account of [wrong person’s full name] cease and desist immediately. This is the incorrect contact information for that individual.

If you do not comply with this request, I will file complaints with the Federal Trade Commission, the Consumer Financial Protection Bureau, the attorney general’s office in [your state], and other appropriate regulatory bodies, as well as file a lawsuit against you.

I appreciate your understanding in this matter.

Sincerely

[signature]

[name]

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Isack Kimaro
Isack Kimaro

Editor-in-chief and founder of sherianajamii.com. Holder of Bachelor of Laws (LL.B) and Post Graduate Diploma in Legal Practice. Lawyer by profession and blogger by passion