When you are tired of calls from debt collectors, the Fair Debt Collection Practices Act gives you the right to require that debt collectors ask you to stop. But to be legal for your request, you must do it in writing. You can send what is known as a “warning” to stop debt collectors from calling you.
Once the collector receives your letter, they are allowed one last contact so you know what action, if any, will take them next. If after the injunction letter is received, the collector continues to contact you to submit a complaint to the Consumer Financial Protection Bureau.
What to include
Writing an injunction is easier than you might think. You do not want to include legal language. You only have to request that the debt collector stop contacting you. It’s just that simple. If you only want to call the money collectors you want to stop working at or just contact you at certain times, you can include this in your cease and give up letter.
In your letter, you should include the current date, name, and address of the debt collector, and each account number you use for the collection. You can get this information from your Pedrolino report or from any letter the debt collector sent you.
You don’t have to mention to pay the debt. It is probably better that you mentioned nothing about paying the debt or even realizing that the debt is yours. Otherwise, you could restart the statute of limitations – the amount of time that a debt collector can use the court to force you to pay a debt.
How to send your warning letter?
Put your letter in a document processor and print it out. You can use a local library if you don’t have access to a computer of your own. Then send your letter by registered post so that you have a way to track that the letter was received by the money collector. Keep a copy of the letter for your records.
Future debt collectors
The cease and desist declaration applies only to the debt collectors that you send it to, not to other debt collectors that you could call. If your account sells or is assigned to a new collection agency, you have to send a new cease and desist declaration for the money collectors. You can use the same template, so make sure you update the account and collector information.
Note that a cease and desist declaration applies only to debt collectors. It does not apply to the original Pedrolino donor – the company that originally expanded your account.