When a debt collection company is unable to provide proof to support debt claims, is demanding more money than owed, or is harassing - send a cease and desist letter. The information within a cease and desist letter must explain why the letter is being sent, a demand stating that the debt collection company must cease and desist all communication, and an explanation as to what will happen if communication continues, such as charges being filed within a court of law.
Send the cease and desist letter via certified mail to the debt collection company and save all receipts as a record.
Sending a cease and desist letter will result in termination of communication, or a court trial to resolve the dispute.
Properly filling a cease and desist letter is a legal action that will be recognized and supported by a court of law. If a debt collection company violates the demands within a cease and desist letter, then consult a lawyer immediately about filing a legal case against the debt collection company.
Sample Cease and Desist Letter:
(ANYONE may copy and use the below letter as they feel - be sure to fill in the blanks)
Cease and Desist
Sent to:
Company name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Sent from:
Person name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Date:______________
Account Number: ___________________________
Attention (Company name): ______________________
Based on the failure of your company to provide legal proof of negative accusations and unless legal proof is provided - pursuant to the Fair Debt Collection Practices Act, 15 U.S.C., effective immediately any representatives associated with your company are to:
1) Cease and desist all communication with any third party about me.
2) Cease and desist any inquiry into and/or action against my personal credit.
3) Cease and desist all actions, which result in distributing my personal information.
Failure by your company to abide will result in a complaint being filed against your company with the Federal Trade Commission; The Attorney General of my state and your state; the office of the Administrator of the Division of Banking in Florida and your state; the Department of Commerce in Florida and your state; a personal injury lawyer; and a credit contract lawyer for: Defamation of character; Extortion; Harassment; Conspiracy to Commit Fraud through manipulation of debt collection laws; and Failure to act reasonable, responsible, or within the law regarding debt collection.
___________________
(Printed name)
___________________
(Signature)
***
Sample Certificate of Service Letter:
(ANYONE may copy and use the below letter as they feel - be sure to fill in the blanks)
***
CERTIFICATE OF SERVICE
Sent to:
Company name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Sent from:
Person name: ___________________
Street: ____________________
City, State: ________________
Zip: ______________
Date:______________
Account Number: ___________________________
Attention (Company name): ______________________
I HEREBY CERTIFY that a true and correct copy of a Cease and Desist letter has been furnished by the United States Postal Service via Certified Mail with Return Receipt to (company name & address): __________________________________________________________________________________________, on the date of, _____________.
___________________
(Printed name)
___________________
(Signature)
***
Copyright © 2016 John Mallozzi
