How to Stop Debt Collectors With Cease and Desist Letters

Do you get nervous every time you go to the mailbox? Does a ringing telephone cause panic? If you are one of the millions of consumers struggling to deal with debt collectors you know exactly what I'm talking about. Debt collectors are annoying, and at their worst they can even be harassing and intimidating.

But you do have rights, and one of those rights is sending a cease and desist letter to stop the phone calls and letters. But, before sending out a cease and desist letter there are a few things you should know.

The Fair Debt Collection Practices Act (FDCPA) is the law that governs third party collection of debt. Section 805 of the FDCPA states that if a consumer notifies a debt collector in writing that they refuse to pay or that the consumer wishes debt collector cease further communication the debt collector must comply with the consumer's request. After receiving the request the debt collector must stop all communication with the consumer except for the following reasons: to notify the consumer that the collector is no longer handling the account, to notify the consumer that the collector intends to file a lawsuit, or to notify the consumer that the collector has filed a lawsuit.

There are also two types of cease and desist letters: a full cease and desist and a partial or limited cease and desist. The full cease and desist tells the collector that the consumer requests no contact whatsoever. A partial cease and desist most commonly asks the collector to keep all communication in writing since phone calls at any time would be inconvenient for the consumer.

Should you send a cease and desist letter? If so, which one? First, there are a few things you need to find out about your debt. If your debt is inside the statute of limitations for your state, meaning the collector still has the right to sue, do not send a full cease and desist letter. By sending a full cease and desist letter you are basically leaving only two options for the collector: give up or file a lawsuit. If the amount is large enough many times they will choose to sue. In this case it is best to send a limited cease and desist and keep all communication in writing and work towards resolving or settling the debt. You can check with your state's District Attorney's office to find more information about the time limitations that apply to your debt.

If your debt is outside the statute of limitations a full cease and desist is often best. The collector can still file a lawsuit but if they do you have what is called an affirmative defense due to the debt being outside the statute of limitations and collection is therefore time barred.

You don't have to live in fear of collection letters and harassing phone calls. You can exercise your rights and free yourself from debt collection purgatory. Your state's website has a wealth of information about debt collectors and your rights when dealing with them. Websites such as creditboards.com also have lots of information and forums occupied by members who are more than willing to help you learn and understand your rights.