• Archives

  • Blog Stats

    • 666,331 hits
  • Categories

Collection agency cease and desist letter

A collection agency cease and desist letter is the topic of this blog post. Cease and desist letters are authorized by the provisions of the Fair Debt Collections Practices Act (FDCPA) found in Title 15 United States Code sections 1692c and 1692k. The FDCPA authorizes any consumer to send a written communication to any third-party debt collector such as a collection agency to demand that they cease all communications if so desired, or that all telephone communications be ceased. The State of California has a much broader law known as the Rosenthal Fair Debt Collection Practices Act which has a provision found in California Civil Code Section 1788.17 which authorizes the use of a cease and desist letter to any debt collector regardless of whether they are the original creditor or not.

A collection agency cease and desist letter should be sent by certified mail, return receipt requested so that the consumer has documentary evidence that could be used in court if the collection agency does not comply as continuing collection efforts after being notified in writing to cease and desist is a violation of both the California and Federal versions of the FDCPA.

Copies of all written communications as well as all documents and receipts that relate to the mailing such as the signed return receipt for the certified mail should be made by the consumer.

Additional ways in which debtors can deal with any debt collectors including collection agencies will be discussed in future blog posts.

Attorneys or parties who would like to view or download a sample collection agency cease and desist letter created by the author of this blog post and available for FREE download in Word format can see below.

Attorneys or parties who would like to view portions of over 300 sample legal documents for California and Federal litigation sold by the author of this blog post can use the link shown below.

http://www.scribd.com/LegalDocsPro/documents

The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

*Do you want to use this article on your website, blog or e-zine? You can, as long as you include this blurb with it: “Stan Burman is the author of over 300 sample legal documents for California and Federal litigation and is the author of a free weekly legal newsletter. You can receive 10 free gifts just for subscribing. Just visit http://freeweeklylegalnewsletter.gr8.com/ for more information.

Follow the author on Twitter at: https://twitter.com/LegalDocsPro

You can view sample legal document packages for sale by going to http://www.legaldocspro.com/downloads.aspx

DISCLAIMER:

Please note that the author of this blog post, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this blog post is NOT intended to constitute legal advice.

The materials and information contained in this blog post have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this blog post is not intended to create, and receipt does not constitute, any business relationship between the author and any readers. Readers should not act upon this information without seeking professional counsel.

Advertisements

What is your opinion?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: