topic Re: cease and desist letter in General Credit Topics

cease and desist letter

Anonymous — Tue, 08 Jan 2008 23:03:02 GMT

Does anyone have a good C&D letter? I sent a letter to a "Law Firm" requesting that they "cease and desist" their collection activities, but didn't elaborate much. They tried to take me to court over an old debt but the judge ruled in my favor but they are continuing to call me every day. I'm not sure if my letter was specific enough, do I need to specify that they not contact me by phone? Or is saying "cease and desist all collection activity" enough. I'm not sure how to handle this. Thanks all!

Re: cease and desist letter

fused — Tue, 08 Jan 2008 23:37:15 GMT

A FOAD letter might be better. Let me see if I can find a sample letter.

Re: cease and desist letter

SmartCookie — Mon, 14 Jan 2008 16:13:52 GMT

File an FTC complaint on the first and foremost. Did you ever DV them? Make sure you are using CMRRR for any correspondence.

Here is a sample C&D that I like, which is inspired by a few I have come across. Feel free to modify it to your liking and reproduce it. Again, send CMRRR.

------------------

First Name Last Name
Street Address
City, State Zip+4
Jan. 14, 2008

Collection Agency
Street Address
City, State Zip+4

RE: Account Name- Account # -$(Debt Amount)

Dear Collection Agency:

I am writing regarding an alleged debt you are trying to collect.

According to the Fair Debt Collection Practices Act(FDCPA), [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!

In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you:

are terminating further collection efforts;
invoking specified remedies which are ordinarily invoked by you or your company; or
intend to invoke a specified remedy.

Any future contact by you or your company violates the FDCPA. As well, being that you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.

Be advised that I am well aware of my rights and am keeping full and accurate records documenting all correspondence from you and your company, including tape recording all phone calls. You are hereby notified that if you do not comply with this request, I will pursue all available legal actions to stop you from contacting me and my family. This includes but is not limited to filing complaints with the Federal Trade Commission and (insert state name or names) Attorney General's office(s), as well as persuing civil and criminal claims.

(PrintNameHere):_______________________________ Date:________________________

Message Edited by SmartCookie on 01-14-2008 11:13 AM

Re: cease and desist letter

fused — Tue, 08 Jan 2008 23:43:11 GMT

Wow smartcookie, you is mighty fast! Nice!

Re: cease and desist letter

SmartCookie — Mon, 14 Jan 2008 16:09:51 GMT

fused wrote:
Wow smartcookie, you is mighty fast! Nice!

Hope you like the 'new and improved' edited version.

Re: cease and desist letter

Anonymous — Mon, 14 Jan 2008 16:54:49 GMT

some additional language from my stash of letters:

Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.

I also reserve the right to forward a copy of this letter,and any other pertinent material to the _____(CA lawyer's State) Bar Association.

Please also be advised that this letter is also request that you cease and desist any and all collection activities, and are barred from selling assigning or transferring any and all data regarding this account to any other party subsidiary or affiliate.

Re: cease and desist letter

Anonymous — Mon, 14 Jan 2008 20:35:41 GMT

FDCPA §805(c)

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

aka 15 USC 1692c(c)

http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=15&sec=1692c

There is no specific language you need to use. So as you tell them to cease all further communication with you, then you're good. If you send it CMRRR, then you have proof that you sent it. State AG's office's can be rather helpful if they persist.