Cease and Desist Notice
How Does a Cease and Desist Notice Stops
Debt Collectors From Calling?

People being hounded by debt collectors often ask the question, “Is there any way to legally make them stop calling?” The answer is, “YES!” It’s called a Cease and Desist Notice, which originates from the FDCPA, or better known as Fair Debt Collection Practices Act. If you don’t know the about the guidelines set forth by the Fair Debt Collection Practices Act. I can pretty much almost guarantee that the debt collectors are going to take advantage of you. They love uninformed consumers. The FDCPA is a Federal Law that protects citizens from rouge, harassing, illegal, untrained, unethical and outright abusive debt collectors. One section of the law explains what to do, to stop them from calling.

The Cease and Desist Notice Originated From The FDCPA
When the Fair Debt Collection Practices Act was crafted, it was designed to protect citizens from the rampant abuse of collectors. But, even with the passing of the law, many debt collection firms still play by their own rules. I’ve seen cases in which they’re calling debtors ten to fifteen times a day. If that’s not harassment, I don’t know what is. Invariably, the key here is, those being harassed don’t know their rights when it comes to debt collectors and debt collection.

If They Violate a Cease and Desist Notice They Are Subject To Be Sued!
First and foremost you need to read the Fair Debt Collection Practices Act, in its entirety. It’s a real short read, you can complete in one sitting. This way you have an understanding of what collectors can and cannot do ACCORDING TO THE LAW! In layman’s terms, if they violate the FDCPA, they are now subject to being sued by you and having to pay you! You are about to learn about a powerful tool for debtors called the Cease and Desist Notice. It is designed to stop debt collectors from harassing you.

What Does This Mean In Terms of Stopping Collectors From Calling?
When a consumer receives a telephone call or a notice from a third party debt collection agency, they should respond by sending a formal Cease and Desist Notice. Remember, this is a legal and binding document that carries a lot of firepower. All debt collectors know about this official document. The key is; they hope you don’t know!

Once a person sends a Cease and Desist Notice, ordering a company or person to stop the collection notices and calls, they are legally obligated to comply. After that point, the only permissible contact thereafter is to notify the debtor of specific "remedies," such as legal action, but usually the collectors won't even bother. You must send this notice via certified mail with the reference number used by the agency. DO NOT add any additional information such as account numbers, social security numbers or bank account numbers. Also DO NOT state what you intend on doing, it’s none of their business!

What Happens To The Debt After The Cease and Desist Notice Has Been Sent?
After a Cease and Desist Notice has been sent, the debt may be returned to the original creditor, passed on to another third-party agency, or simply filed away, depending on the circumstances and the amount. It is important to note; if it’s a valid debt, you still owe the money. Take the time to find a way to resolve the issue with the original creditor.

See a sample of a legal and binding notice here:
Cease and Desist Notice – Sample Cease and Desist Notice Based on The FDCPA

Joel Marks has been helping people get out of debt and avoid both bankruptcy and foreclosure for over fifteen years. Utilizing savvy debt counseling, debt management programs, Federal laws and a team of attorneys, debt counselors and advisors, he has quietly assisted thousands come from under the heavy burden debt.

For more information on this topic or any other issue related to getting out of debt, living debt free, debt management, debt relief, the Fair Debt Collection Practices Act and stopping debt collectors in their tracks, please visit www.DebtErasure.com

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