How Do I Use a “Cease-Communications” Letter?

Debt collectors often try to wear down the resistance of consumers by repeatedly calling and harassing them. If this is happening, you can easily make it stop. Here’s how.

Debt collection is a huge and growing industry in the United States, and collectors are notorious for some of the strategies they use to coerce consumers into payment. Debt collectors know that they people they are calling do not have much money-their purpose is to move themselves to the head of the line. The way they do this is by attempting to inflict more pain or annoyance on the consumer than other bill collectors.

The collectors are not concerned with your priorities or well-being, but you should be, and it is hard to keep a clear head amidst all the noise. Luckily the Fair Debt Collection Practices Act (FDCPA) offers some help.

Under the FDCPA, 15 U.S. Code Section 1692(c)c, “if a consumer notifies a debt collector in writing that the consumer wishes [it] to cease further communication with the consumer, the debt collector shall not communicate further…with respect to such debt.” However, the collector may inform the consumer that it’s efforts are being terminated, or notify the consumer that it “may or will invoke specified remedies which are ordinarily invoked” (i.e., suing or reporting to the credit agencies).

Crucially, if the notification is made by U.S. mail, the communication is complete “upon receipt.” In other words, to make sure the debt collector is forced to cease communications, it makes sense (although it is not required by the law) to send the letter by certified mail. That way you have proof that the debt collector received the letter. Any further communication would be in violation of the FDCPA.

When the phones stop ringing off the hook, you will be freer to make decisions according to your own best interests and priorities.

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