Question 1

How do I write a cease and desist letter to a debt collector?

Accepted Answer

A cease and desist letter should include your name and account number, a clear statement that you are exercising your right under the FDCPA to request the collector stop all communication, and a statement that any further contact should be in writing only. Send it via certified mail with return receipt requested.

Question 2

Can a debt collector still sue me after a cease and desist?

Accepted Answer

Yes. A cease and desist letter stops collection calls and letters, but it does not prevent a lawsuit. The collector can still file a lawsuit to collect the debt. However, they must serve you with proper legal papers and cannot use phone calls or letters to pressure you into paying once they receive your cease and desist.

Question 3

What are my rights when dealing with debt collectors?

Accepted Answer

Under the FDCPA, debt collectors cannot call before 8 AM or after 9 PM, cannot call your workplace if told to stop, cannot threaten violence or arrest, cannot use obscene language, cannot misrepresent the amount owed, and must stop contacting you if you send a written cease and desist letter. Violations carry damages of up to $1,000 per suit.

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