We have often discussed how to handle debt collectors who think they can harass you. Oftentimes, simply telling the debt collector to stop harassing you isn’t enough to stop that harassment. Besides telling a debt collector verbally to stop contacting you, our Florida readers should know about how writing a cease letter might help to stop the harassment. There are several points to consider if you are thinking about doing this.
One point you should know is that the cease letter is only applicable to third-party debt collectors. If a creditor is contacting you about a debt you owe them, the letter doesn’t have a legal standing. However, many creditors will honor the cease letter if it is sent.
In order for a cease letter to be valid, you have to be able to prove you sent it and it was received. In order to do this, it should be faxed if you can get a date stamp on it, or you should get a verification of receipt. The other way you can do this is to mail it to the debt collector using certified mail with a delivery confirmation requested.
If you choose to write a cease letter on your own, make sure that you provide the account number, ask the debt collection to cease further contact and state that the letter is not an acknowledgement that you owe the debt. Also state that you are writing as required under the Fair Debt Collection Practices Act 15 U.S.C. section 1692c(c).
Some debt collectors might still opt to pursue collections. At that point, the activity is illegal since you sent a demand letter. Seeking legal assistance to take a firm stand against the debt collector would be your next step.
Source: National Consumer Law Center, “Dealing with Debt Collection Harassment” accessed Mar. 25, 2015