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Collection agency cease and desist letter

by Stan Burman

A collection agency cease and desist letter is the topic of this blog post.  

A collection agency cease and desist letter is authorized by the Fair Debt Collections Practices Act (FDCPA), Title 15 United States Code sections 1692c and 1692k which authorize any consumer to send a written demand to any third-party debt collector such as a collection agency to request that they cease and desist from all communications by telephone, or all communications if that is desired.

The State of California has a law known as the Rosenthal Fair Debt Collection Practices Act 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.

Any 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.

You should be sure to make copies of any letter or letters as well as all documents and receipts that relate to the mailing such as the signed return receipt for the certified mail.

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.

Sample Cease and Desist Letter to Collection Agency by Stan Burman on Scribd

 

The author of this blog post, Stan Burman, has collected California judgments since 1992, and is a freelance paralegal that has worked in California and Federal litigation since 1995 and created over 300 sample legal documents for sale.

For licensed attorneys and law firms that need assistance with any California or Federal litigation matters, Mr.  Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.

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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.

 

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