I have a debt collector calling my family (who I do not live with) constantly. I am looking for a sample cease and desist letter that states they can communicate with me via writing at my address, but not to call or communicate with family. Also, do they need to comply with a verbal request to cease and desist if the physical letter is received within a certain amount of time? They gave me a fax number which suddenly disconnects once the fax starts to go through.
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Last edited by BassBoy; 09-19-2007, 08:31 AM.Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.
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Here you go - this sample Cease & Desist letter is from http://gdgrifflaw.typepad.com/kansas..._cease_an.html
You need to send this letter via certified mail, return receipt requested. Save the receipt once it is returned. It's best to have a real mailing address. By law the collector is required to tell you who they are and who they are collecting for. You can usually get enough information out of them to figure out the address even if they won't give it to you.
************************
ABC Debt Collection
1234 Main St
Anytown, USA 12345
Re: Account #:
Dear ABC Debt Collection:
This is my notice to under the Fair Debt Collection Practices Act to stop communicating with me in regards to the alleged debt stated above.
If I receive any communication from you, by phone or mail, I will file a complaint with the Federal Trade Commission, my state Attorney General, the American Collectors Association and the State Bar.
I do not want to deal with you. I will contact the original creditor to resolve this matter, if that is warranted.
If, as a result of this letter, you place a negative mark on my credit, I will take any and all legal action available to me.
Sincerely,
Mr. (or Mrs.) Consumer
******************
You can also state that they may only contact you by mail and then only to notify you of legal action if you prefer that. Customize this letter to read the way you want. Just keep it professional, unemotional, and to the point. Good luck - hope the phone quiets down soon.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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Well, you could always request a validation of debt, but if you know the debt is yours, then why waste the paper?Bankruptcy History:
Chapter 7 filed - 10/12/2005 - Asset
Discharged - 02/16/2006
Case Closed - 11/08/2007
A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain
All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.
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There can be far more to debt validation than simply asking them to validate/verify the debt. You should know your state laws when it comes to CA's registering or licensing (if required.) You can also ask them to provide information taht they are legally allowed to conduct business in your state. Also, you can file a complaint with your state AG's office. Even if you owe the debt, but you need to time to prepare to straighten out your financial situation, you can make them do far more work than the standard debtor requests.
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