What Is a Cease-and-Desist Letter ?

What is a cease and desist letter is a question I am often asked by my clients

and subscribers. In this article I will reveal what a cease and desist letter is as

well as the pros and cons. A cease and desist letter is simply a letter that is

sent to creditors and debt collectors not to contact you anymore regarding the

alleged debt.

For example the debt collector or original creditor contacts you via a phone call or

through a letter or in some cases social media which is not uncommon .

The debtor sends written notice to the debt collector or original creditor demanding

that they not contact you anymore regarding this debt.

Now here are the pros and the cons when you send out a cease and desist demand letter.

The pros of this method are the debt collectors and creditors cannot contact you anymore. You heard right when you make a demand to not contact you anymore ,

many times they will not contact you anymore to attempt to collect the debt.

Now here are the cons of using this method. The debt is still owed and can be reported

on your credit reports, Creditors and debt collectors can also sue you for the debt.

A better strategy would be to send the creditors and debt collectors a debt validation letter,

This letter i demands that the creditors and debt collectors validate the alleged debt,

This letter demands that the debt collector or original creditor validate the debt within

30 days or delete the debt from the all three of the consumers credit reports.

While the debt is being disputed debt collectors and original creditors are not allowed

to attempt to collect the debt which includes reporting the debt to all credit bureaus.

If the debt collector attempts to collect the debt while the debt is disputed this violates

Fdcpa laws allowing the debtor to sue debt collectors for these violations and collect

montery damages including court costs as well as attorneys fees in a FDCPA lawsuit.

While it is true that FDCPA laws may not apply to the original creditor , the debtor can

still file a lawsuit against the original creditor if the creditor fails to show proof of debt.

Now you know what a cease and desist letter is as well as the pros and cons .

I highly suggest that you utilize the debt validation letter strategy as this will give

you a better chance of erasing the debts from your credit report .

Also if you do need to sue the original creditor or debt collectors this will increase

your chances of winning your lawsuit in court.