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Cease & Desist Lettersand Debt Negotiation
Cease & Desist letters apply only to third-party debt collectors and
not the original creditor, unless you live in a handful of states
like California, Texas, and Florida, to name a few. According to the
FDCPA, a collection agency is legally obligated to stop contacting a
debtor upon receiving a Cease and Desist letter.
Although this may provide immediate relief to collector calls, Cease
and Desist letters do not eliminate the debt, and in fact, many
times creditors and collection agencies will escalate their
collection efforts by sending the debt to a law firm in the event
that they receive a C & D. In general, Franklin Debt Relief only
advises the use of Cease & Desist letters to our debt settlement
clients in the event of extreme harassment for this reason.
Sample Cease& Desist Letter
Date:
Name Of Person at Collection Agency
Collection Agency Name
Address
City, State, ZIP
RE: Account #
Dear Name of Agent or Agency,
In accordance with the laws of the Fair Debt Collection Practices
Act, this is a formal demand that your company Cease and Desist all
attempts to collect the above named debt. I plan on paying the debt
back, but I do not have the resources to do so at this time. I will
contact you in regards to this at a later date.