Sometimes life events result in unexpected financial consequences. For debtors who simply do not have the resources to pay their bills, calls, and letters from creditors may only add stress to an already stressful situation.
If you are unable to pay your bills, you may stop further communication from your creditors by sending them a "Cease Communications" letter, such as the sample letter below. This prevents creditors or a collection agency from further communicating with you except to provide you with a notification that attempts to collect the debt has ceased or that the creditor may seek other remedies.
A cease and desist letter is a formal letter requesting debt collectors to stop contacting you about a debt you owe. The federal Fair Debt Collections Practices Act (FDCPA) requires debt collectors to cease any communication with you after they receive the letter.
It is a good idea to discuss your options with an attorney so that you are able to make the best decision for your situation. Other options may include:
Date _______________ Â
Creditor Name Address City State, Zip
Re: Account Number: ___________________ Creditor: _________________
To Whom It May Concern:
Pursuant to the Fair Debt Collection Practices Act, please stop communicating with me regarding the above-referenced account.
I am unable to make payments at this time for the following reasons:
Your employees have taken the following actions that are prohibited by law:
I will make payment arrangements on this account when I can do so.
____________________(Name)
Address City State Zip
Make sure to send the letter through certified mail with a return receipt. Since the debt collector must sign for it, you will have the evidence necessary to prove they received your letter. Also, remember to keep a copy of the letter for your records.
After you send the letter with certified mail, you should receive the return receipt within a few days. The creditor is not allowed to make further contact with you after that. The issue will be closed if the statute of limitations has passed on the debt. But if that is not the case, the creditor can sue you in court for the debts.
After you send the letter, all communication like phone calls to your cellphone, your house, or place of employment must stop. If the collection calls don't stop or if your creditors keep harassing you, you can bring legal action for violation of the FDCPA.
You can also make a complaint with the Consumer Financial Protection Bureau or your State Attorney General's office.
A creditor needs to stop contacting you after you send the cease communication letter. If a creditor ignores your letter, they are in violation of federal and state laws. Speak to a bankruptcy attorney if you want legal advice regarding your options.
