The looming specter of debt collection doesn’t have to be hopeless. In fact, learning the types of cease and desist letter could help you figure out your options. In this post, we’ll show you how to stop aggressive debt collectors with the help of a C&D.
How Cease and Desist Letters Help People in Debt
If you’re having trouble with debtors, you should consider a cease and desist letter. This can be instrumental in giving you time to settle the matter. You’ll also have the chance to seek low-cost legal aid. But you need to ask if this is right for your situation.
As someone in debt, it’s important you check your rights. This includes familiarizing yourself with the FDCPA — the Fair Debt Collection Practices Act. While you have a legal obligation to return the debt, you still have a right to privacy and safety. Some debtors are happy to violate these.
These letters give struggling people a lifeline. They help wipe away much of the fear and shame that comes with debt. In fact, they can even help you circumvent debt entirely.
When To Use a Cease and Desist Letter
However, this letter only works in certain situations. And in most cases, it only changes how the debtors approach your toll. Here’s when you should consider drafting a C&D:
Debt disputes: If you don’t believe the debt’s yours, dispute it. You might otherwise end up paying off somebody else’s fees.
Expired debt: Similarly, you might no longer be on the hook for these debts. Check the statute of limitations for debt in your state.
Harassment: Are the collectors harassing you or using threatening language? A cease and desist can force them to stop.
Excessive contact: Debt collectors can’t call you multiple times a day or ambush you at work. This also violates your privacy.
Invasion of privacy: Similarly, debtors can’t talk about your payments to your neighbors or family members.
Hardship: If you just can’t pay yet, C&Ds can pause their collection attempts. This gives you time to gather the money.
Mental health: Debt is incredibly stressful for anyone. Even a temporary C&D letter can give you a much-needed break.
Requesting Evidence of Your Debts
The debtors could easily have the wrong information. Perhaps they mistook you for your home’s previous resident, for example. If you have no idea what debts they’re talking about, you have a right to ask for evidence. This might even reveal the debt doesn’t exist. If this is the case, you’ll be able to skip the C&D stage.
Some unscrupulous collectors don’t double-check their documents. This includes if the debt has since expired. They might know this but try to collect it anyway for an easy buck. Always ask for proof your debt exists. You should especially never pay a debt you don’t recognize. The debtors may also be deliberately overestimating the amount; you need to check this.
Drafting an Airtight Cease and Desist Letter
An online C&D template will come with every necessary detail. You can even customize these to match any additional state requirements. Using a lawyer for your letter will just leave you with an extra $400 charge. Your letter must include your name and address — as well as the debt collection agency’s details.
The letter will outline your aim to, if they continue, seek a restraining order or file a lawsuit. This threat alone might be all it takes to stop unscrupulous debtors. In fact, a good C&D template will end with an explicit threat to sue if the debtor doesn’t respond.
Plan to send the letter by mail with a return receipt. This means you’ll get a copy of the debtor’s signature. They won’t be able to pretend it was never delivered. However, avoid UPS or FedEx; a court won’t accept their receipts.
Should You Seek Legal Counsel?
If you’re struggling with debt, a lawyer may be out of the question. This is a key reason why you should use a free online template for the C&D letter. However, you might still need legal help to challenge the debt. Especially when your debtors don’t respond, and you follow through on your promise to sue them.
Legal aid organizations can help you find low-cost or even free help. Some lawyers even have a conditional fee. This means you’ll only pay for their services if and when you win in court. There are still a lot of legal options available for people in debt. These lawyers can also help you use the FDCPA to your advantage.
Summary
Sending a C&D letter is a big step. Depending on your situation, there may be no going back. In fact, this could lock you into a lengthy court case. So it’s essential you prepare for this and make sure your letter fits every major requirement.
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