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What happens when a debtor sends a cease and desist all communication letter to a creditor?
It depends on the laws of the country you're in.
Here in the UK, a letter like that wouldn't be sent by the debtor. A cease and desist notice would be sent by a third-party organisation such as a debt management company or the citizen's advice bureau.
Once the creditor receives the notice - it is a criminal offence for them to 'harass or contact the debtor in any way'. All further communication must be made through the third-party.
The third party will then negotiate on behalf of the debtor, with the creditor(s) a reasonable repayment schedule based on the difference between the debtors income and expenditure. This will usually mean all interest payments will stop, and the debtor pays back the balance on the account(s) over an extended period of time.
What else can I help you with?
Where can one find a template for a cease and desist letter?
If you are looking for a template for a cease and desist letter then you should go to the Rocket Lawyer website and find their tab for the Cease and Desist template.
Is it a good idea to send a drop dead letter to a collection agency?
I assume the reference is to a "cease and desist contact" letter. Some debt counselors believe that it will "trigger" a lawsuit, that is unlikely. If a creditor believes they can win a judgment, they will sue, regardless of how co-operative or obstinate a consumer's behavior.
How can you make a collection agency stop calling you?
Remit a "cease and desist" letter to the agency via registered mail with receipt requested.
How would you word a cease and desist letter to be sent to a credit card collection agency who is harassing you day and night?
To Whom It May Concern: In response to your constant phone calls and in accordance with FDCPA (15 USC 1692c) Section 805(c), I am exercising my legal rights as a consumer. You must cease all communication with me after receiving this written notification that I no longer wish to communicate with your agency or its representatives. Therefore, I demand that you "cease and desist" calling me and members of my family at home, place of employment, cell phone or at any other location. In accordance with the federal FDCPA you may only contact me to inform me that: (1) Collection efforts are being terminated. (2) Specified remedies may be invoked. (3) A specified remedy has been invoked Also be advised that I am keeping a record of your contact with me and my family members including the recording all telephone conversations. I am equally prepared to file a complaint with the Attorney General's office and further execise my legal rights under Section 813 of the FDCPA. Sincerely, (Change the wording to what best suits the individual's circumstances and be certain to include all necessary account information, the exact name on the account and the number. "Specified remedies may be invoked" is defined as, the account being sold to a third party creditor, possible arbitration action or a lawsuit. "Specified remedy has been invoked" either one of the afore mentioned actions). Consult the laws of the state of residency concerning the taping of telephone conversations.
How do you stop a collection agency from calling your work number?
The easiest way would be to pay your bill. If somebody owed you money how would you handle it? Would it still be harassment? The best way is prevention. Stop agreeing to all these credit cards, loans, deferred payments. You signed an agreement and did not fulfill that agreement. I had creditors trying to get in touch with me and I was trying to ignore them; however, I ended up having to settle my debts because it was killing my credit. It is illegal for a collection agency to continue to call you either at home or work once you give them written notice to stop. This should be sent CRRR (carrier return receipt requested) so that you will have proof they received your letter. What often happens is that they will then simply pass the debt off to another collection agency who will start harassing you all over again. I suggest that you determine if the "collection agency" is: (a) the original creditor or (b) a "3rd party". If the answer is (a), they can pretty much do what they want if you owe them money (they are not subject to the FDCPA). If the answer is (b), simply get their address and send them a letter demanding that they "cease and desist" communicating with you at work, at home, or where ever you do not want them to communicate with you. (A word of warning here...if the creditor has you targeted for suit, this letter could be the catalyst for sending you and your debt straight to court. Don't try to be tough. Be smart, be professional, be responsible. Do some homework and try to resolve this thing before it gets worse.) The phrase "cease and desist" typically scares the @#$% out of most collection agencies. When they see that they start thinking "attorney general complaint". It pretty much shuts them down. While this will keep a 3rd party agency from calling you it does not make either the debt - or your responsibility for paying it - go away. You may wish to read the Fair Debt Collections & Practices Act (FDCPA) for other rights you have. Many states have laws that are more restrictive than the Federal law. Massachusetts residents, for example have very restrictive laws. Oh yes, it IS a good idea to send your letter "return receipt requested". This gives your message an extra punch and usually sends the collection dogs in someone else's direction.
What happens if a creditor receives a cease and desist letter from a debtor?
Then the creditor must cease any attempt to collect the debt. It means the creditor is not allowed to call debtor, or send the bill to debtor's address or to make any further attempts. If the creditor still call the debtor, the debtor may complain and initiate a lawsuit. But usually the creditor will take the debt to court when a debtor serve him with cease and desist letter. It could be as soon as 3 months up to a year.
How do you get an old creditor who was not listed on a chapter 13 bankruptcy to stop bothering you?
Send a letter of "cease and desist". This will not keep a creditor from filing lawsuit to recover the debt. It will only prevent them from contacting the debtor except to inform the debtor that a suit is being filed.
Can a creditor call you at your workplace in Pennsylvania?
Yes, but only if the creditor has not been informed that the debtor does not want to be contacted at the place of their employment. Once the creditor has been made aware of such they can no longer legally make contact at the debtor's place of business. The debtor can render the notice verbally but it is strongly suggested that said debtor send a 'cease and desist' notice via registered mail to the creditor(s). The letter should state all the places and/or methods that the creditor(s) cannot contact the debtor, (i.e, place of employment, educational facility, home, family members home and/or cell phone, landline, internet, etc.).
Cease and desist letter to creditor?
Need a sample of a cease and desist letter to creditor stating I cannot pay bill right now.
What if a creditor keeps calling after you tell them you are taking legal action?
To end phone calls from creditors the debtor must send a "cease and desist" letter containg all the information needed for identifying the account and the applicable terms. The correspondence should clearly state that the creditor should stop calling the debtor at his or her home, employment, cell phone etc. and also cease contact with any of the debtor's family, employer, etc.
A notice to cease and desist can it be written to the creditor or only to a collection agency?
A cease and desist can be written to a collection agency. However, some creditors adopted the FDCPA as their baseline for communication and ethical procedures. If you need assistance please visit www.OntrackFinancialGroup.com Ontrack Financial Group llc 888-686-6834
Can a creditor's attorney contact you at work?
Yes, unless/until you request in writing for them not to do so ("Cease and Desist" notice). However, most attorneys realize problems can arise when taking such action and they have no desire to place a debtor's employment status in jeopardy. Therefore, they are usually cooperative when asked not to call a place of employment as long as they have other means of communicating with the debtor.
What should you do if a creditor continues to call your job after you have filed for a chapter 13?
If the creditor is a participant in the chapter 13 then they should have received notification from the bankruptcy court. The bankruptcy petitioner should notify the trustee that the creditor is in error. If the creditor is not a participant, they can continue to contact the debtor until they are notified in writing to "cease and desist".AnswerSend the creditor a written letter stated they are to cease contacting you by phone immediately and Amy only contact you through written correspondence. This is allowed by the Fair Debt Collections Act, a federal law. That should at least get you started.
Do unpaid medical bills sent to collections ever go away without payment?
The non payment of any debt can result in a civil suit by the creditor. However, all U.S. states have SOL's which determine when a creditor can no longer pursue the debt through legal procedures. Please be advised, when the SOL applies it is the debtor's responsibility to bring forth that reason as a defense. Likewise, a creditor/collector can still pursue collection even after the expiration of an SOL by the usual methods, phone calls, letters and so forth. Even so, the debtor has the recourse to send the creditor/collector a letter of "cease and desist" which prevents future debt collection contact. If such a letter is rendered the creditor/collector must cease all contact with the debtor unless/until a civil suit is filed.
How long can a creditor hound you for an unpaid debt?
There is no time period in which a creditor/collector must cease attempts at collecting a valid debt. All US states have statutes of limitations for debts owed. The SOL is the time alloted for the creditor to file suit against the debtor to collect monies owed. The expiration of the SOL is not always a guarantee of not having to pay a valid debt(s), certain circumstances are applicable. It is the legal right of the debtor to inform the creditor/collection agency that they do not wish to be contacted about the debt either by phone, email, postal service, etc. If the debtor wishes to take such action he or she should send a "cease and desist letter" to the creditor(s) requesting that collection attempts should be ended. The correspondence should be precise and sent via registered mail with a return receipt requested in case proof is needed of the action having been taken.
What does a creditor do after receiving a letter to cease-and-desist phone calls and what would the results be for a debtor?
They will continue to contact the person via mail, perhaps a courier service. Some credit counselor's believe that sending a "cease and desist' letter will cause the collector to initiate a lawsuit. That however is not a factor in pursuing legal action. Lawsuits are filed mainly on the basis of being able to collect the debt either at the present or future date.
Once a lien is placed can a collector continue to harass you for payment?
The definition of creditor harrassment is rather broad and therefore difficult to substantiate. A creditor can keep in contact with the party involved, even though a lien has been executed. A cease and desist letter can be sent to the creditor(s) to halt any further communication.
