Sample Cease and Desist Letter Against Debt Collectors
A Cease and Desist letter legally stops debt collector harassment by invoking your rights under the FDCPA. Send the letter via certified mail to create proof of receipt, and collectors can only contact you to confirm they've stopped or to notify you of legal action. If they sue you after you send the letter, respond quickly to protect your rights and avoid default judgment.
Answer Your LawsuitDebt collectors calling you at work? Harassing you at all hours? Contacting your family members? You have the power to make it stop.
A Cease and Desist Letter can legally force debt collectors to stop harassing you. You simply send a letter invoking your rights under federal law.
Being Sued by a Debt Collector? Respond in 15 Minutes
Sending a cease and desist letter stops harassment, but collectors can still sue you. If you've been served with a lawsuit, respond before the deadline to protect your rights. Our partner Solo makes it easy.
Respond to Lawsuit NowThe harassment ends immediately. You regain control of the situation.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) is federal law. It protects you from abusive debt collection tactics.
Under the FDCPA, you can write a letter demanding that collectors stop contacting you. They must legally comply with your request.
After receiving your Cease and Desist letter, collectors can only contact you twice. They can notify you that collection efforts have stopped. They can inform you they’re taking a specific action like filing a lawsuit.
Many collection tactics are illegal under federal law. Debt collectors cannot use profane language or make threats. They cannot call repeatedly to annoy you. They must identify themselves when they call.
Collectors cannot falsely claim they’re attorneys. They cannot contact your family members to collect your debt.
The FDCPA prohibits debt collectors from:
- Calling you before 8:00 am or after 9:00 pm in your time zone
- Contacting you at your workplace
- Reaching out if you’ve hired an attorney (they must contact your lawyer instead)
- Using threatening language or misrepresenting themselves
- Discussing your debt with family members or associates
Collectors can only legally contact you, your attorney, or a consumer reporting agency. Any other contact violates federal law.
When to Send a Cease and Desist Letter
Send a cease and desist letter when collectors cross the line. Here are specific situations that justify sending this letter:
- The collector is constantly harassing you with calls or messages
- The collector hasn’t verified that the debt belongs to you
- The statute of limitations has expired on the debt
- The collector is calling you at work or odd hours
- The collector is contacting your family members or coworkers
- The debt isn’t yours at all
Sending a cease and desist letter gives you two major benefits. First, the debt collector must legally stop harassing you. Second, if they continue contacting you after receiving your letter, you can sue them for violating the FDCPA.
You can also file complaints with federal agencies when collectors violate your rights. Documentation from your cease and desist letter strengthens your case.
Sample Cease and Desist Letter Template
Use this template to create your own Cease and Desist letter. Fill in your specific information and mail it to the collection agency.
Insert date
Your Name
Your Address or PO Box
City, State, ZIP
Debt Collector’s Name
Debt Collector’s Address
City, State, ZIP
(Sent via Certified Mail)
RE: ACCOUNT NO: XXXXXX NOTICE TO CEASE AND DESIST
To Whom It May Concern,
After receiving numerous calls from [INSERT NAME OF DEBT COLLECTOR] regarding account no: [INSERT ACCOUNT NUMBER], I am hereby providing you notice to cease any further communications regarding this account immediately. The Fair Debt Collection Practices Act specifies that debt collectors are to terminate and cease communication upon receipt of written notice.
[INSERT NAME OF DEBT COLLECTOR] has inappropriately and repeatedly contacted me: [Select one of the following that applies to you:
- Regarding an unverified debt
- Regarding a debt that I do not own
- On a debt for which the statute of limitations has expired
- Is harassing me by calling me at work and contacting known family members and associates
- I have retained legal counsel, and all communications must be routed to them
- Is calling me at inappropriate and inconvenient hours
- Is using methods of threats or intimidation in attempts to collect the debt]
Should you need to provide notice of receipt of this letter, please forward said communications to the address listed above. Any additional correspondence I receive from you will be well documented and used to notify the appropriate agencies of your violation of the FDCPA. Please be advised that if communications continue, I will seek immediate and proper remedy under the law. Additionally, I will file complaints with the Federal Trade Commission and the local attorney general’s office.
Sincerely,
Your signature
Your name
How to Send Your Cease and Desist Letter
Send your letter via certified mail with a signature required. You need proof the collector received your letter.
Certified mail provides tracking confirmation. You’ll know exactly when the letter reaches the collection agency. Request a signature to create an official record of receipt.
Keep the certified mail receipt in your files. If the collector continues harassing you, you have documented proof of your cease and desist notice.
Even if they don’t sign for it, certified mail still works. You can confirm the letter reached its destination through the tracking system.
What Happens After You Send the Letter
Sending a cease and desist letter stops harassment, not the debt itself. The collector cannot call you anymore. They cannot send harassing letters or contact your family.
However, collectors can still pursue other legal remedies. They might sell the debt to another collector. They might file a lawsuit against you.
If a debt collector files a lawsuit after you send your cease and desist letter, you must respond. Ignoring a lawsuit leads to a default judgment against you.
Our partner Solo helps you respond to debt collection lawsuits in 15 minutes. You can generate your Answer to the Complaint and file it with the court.
Responding to the lawsuit protects your rights. You can challenge whether the debt is valid. You can negotiate a settlement on better terms.
Additional Steps to Protect Yourself
Beyond sending a cease and desist letter, you can take other protective steps. Request debt verification within 30 days of first contact. Collectors must prove the debt belongs to you.
Check the statute of limitations on your debt. Each state has time limits for collecting old debts. If the statute has expired, you have a strong defense.
Document every interaction with debt collectors. Save voicemails, emails, and letters. Write down details of phone calls including dates, times, and what was said.
If collectors violate the FDCPA, you can sue them. You may recover damages up to $1,000 plus attorney fees. Your documentation proves the violations occurred.
File complaints with the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC). Your complaint helps stop abusive collection practices.
When Professional Help Makes Sense
Some debt situations need professional guidance. If you’re being sued, responding correctly protects your rights and your assets.
A lawsuit requires a formal Answer within a specific deadline. Missing the deadline results in automatic judgment against you. Collectors can then garnish your wages or freeze your bank account.
Our partner Solo simplifies the response process. You answer straightforward questions about your case. The system generates a legally valid Answer to file with the court.
You can print and mail your Answer yourself. Or you can pay to have it filed for you with attorney review included.
Taking action now prevents worse outcomes later. You protect your income and your financial future.