A written demand to cease and desist to a collection agency is the
topic of this blog post.
Consumers have the right to send a written demand to a third-party debt collector such as a collection agency to demand that they cease all communications if so desired, or that all telephone communications be ceased.
Consumers have the right to send a written demand to a third-party debt collector such as a collection agency to demand that they cease all communications if so desired, or that all telephone communications be ceased.
Demands to cease and desist to a collection agency are authorized
by the provisions of the Fair Debt Collections Practices Act (FDCPA) found in Title
15 United States Code sections 1692c and 1692k. The FDCPA states in pertinent
part that any consumer may send a written demand to any third-party debt
collector such as a collection agency. The State of California has a law which
is much broader in scope and is known as the Rosenthal Fair Debt Collection
Practices Act which has a provision found in California Civil Code Section
1788.17. This provision authorizes the use of a cease and desist letter to any
debt collector regardless of whether they are the original creditor or not.
A collection agency cease and desist demand should be sent
by certified mail, return receipt requested so that the consumer has
documentary evidence that could be used in court if the collection agency does
not comply as continuing collection efforts after being notified in writing to
cease and desist is a violation of both the California and Federal versions of
the FDCPA.
Copies of all written communications as well as all
documents and receipts that relate to the mailing such as the signed return
receipt for the certified mail should be made by the consumer.
Additional ways in which debtors can deal with any debt
collectors including collection agencies will be discussed in future blog
posts.
Attorneys or parties
who would like to view or download a sample collection agency cease and desist
letter created by the author of this blog post and available for FREE download
in Word format can use the link shown below.
View over 300 sample legal documents for sale
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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DISCLAIMER:
Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.
The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.
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