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Millions of Americans each month find themselves making late payments to their creditors. If this has happened to you, then it is almost certain that you have received a dreaded collection call. Debt collectors are known for their relentless hounding and will often times resort to threats to obtain what they want. What many folks do not realize is that these debt collectors are bound by federal laws that prevent them from engaging in certain behaviors during the collection process. Under Section 805(c) of the Fair Debt Collection Practices Act, a consumer has the right to request, in writing (that’s key), that a third party collection agency cease and desist from further contact regarding an alleged debt.

If you’re receiving phone calls in an attempt to collect a debt that you legitimately do not owe, the following cease and desist letter template may be useful in your attempts and efforts to clear up any confusion and get the annoying debt collectors off your back. Be certain to send this letter via Certified Return Receipt so that you will have written proof that the creditor received the letter.

http://credit.about.com/od/debtcollection/a/ceaseanddesist.htm

If the debt that you are being contacted about is a debt that you recognize and may owe, a cease and desist letter may have unintended consequences. Because a cease and desist letter essentially limits the creditor’s actions to suing you, that is often what they do.  File a lawsuit against you.  We rarely meet a debtor who sent a cease and desist letter in the hopes of being sued by the creditor.  Instead, if you are thinking about sending such a letter, contact a debt attorney who can educate you on the laws surrounding this issue as well as plot out the best plan of action.

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Kevin Fallon McCarthy is the McCarthy Law PLC’s managing attorney and an experienced Phoenix debt attorney. Mr. McCarthy has also worked as general counsel for a large corporation. He has corporate counsel experience in human resource matters, general corporate governance, and union class action litigation.