Template Cease and Desist Letters to Debt Collectors
George Simons | October 19, 2022
You can tell debt collectors to leave you alone.
Summary: Want to stop a debt collector who's gotten too aggressive? Here's a template for a cease and desist letter that will make debt collectors go away.
Whenever you fall behind on repaying debt, chances are, you may start receiving endless calls, emails, and letters from a debt collector. A debt collector is a third party who bought your account from the original creditor for the sole purpose of trying to recover the money you owe.
Debt collectors are embarrassing and very stressful to deal with. Some, such as Asset recovery solutions, are known for inappropriate and unethical tactics to recover debts.
Negative Reputation of Debt Collectors
The US government regulates the lengths to which a debt collector can go to claim the debt you supposedly owe. The said regulations are found under the Fair Debt Collection Practices Act (FDCPA).
Despite the lengths that the government takes to protect you, some collectors such as Asset Recovery solutions have a reputation of using unethical and aggressive methods to collect their debts. Many US citizens have filed numerous complaints with the Better Business Bureau and/or the Consumer Financial Protection Bureau, alleging that the debt collector mentioned above used unlawful debt collection methods. In some instances, the complaining parties claim that they do not owe the money being claimed.
Don't let debt collectors push you around. File a response with SoloSuit.
Your Rights When Contacted for Debt Repayment
To protect yourself from unscrupulous debt collectors, it is imperative to be aware of your rights and know what you should or should not say. Whatever you say may be used as evidence in court when the debt collector sues you.
According to the laws put forth by the FDCPA, a debt collector cannot;
- Call or contact you at work
- Make threats about a lawsuit (even though they may eventually sue you)
- Use vulgar language when addressing you through emails, letters, or calls
- Call your house before 8 AM or after 9 PM
- Post on social media about your debt or contact your employer without a court order
Knowing the above rights gives you a fighting chance in any lawsuit that a debt collector may file against you. However tempting it may be, please do not ignore the lawsuit as it may be considered an admission of guilt, and a judge may pass a judgment without your presence.
Warrant of Debt
The moment you send a cease and desist letter to a debt collector notifying them to stop contacting you about your alleged debt, the only action they may take is to sue you in a civil court. In Virginia, such a lawsuit is known as a warrant of debt, while in other states, it is considered a type of civil action.
Both terms mean you owe money in debt, and the court is liable to pass judgment forcing you to pay. Depending on the debt's severity and your financial situation, the judgment could include freezing of your accounts or wage garnishment.
A warrant of debt is served either through mail or in-person (via sheriff or a process server). Either way, the document contains the following information;
- Parties involved
- Your address and that of the debt collector
- Lawyers representing all parties
- Amount of the debt
- Reason for the claim
- Return/summon date - the date you are required to be physically present in court
Make the right affirmative defenses with SoloSuit.
Defending Yourself Against Debt Collectors
When served with the warrant of debt court summon, here are a few measures you can take to protect yourself;
- Never admit that you indeed owe the said debt
- File a response with your local clerk of court within 20-30 days of receiving the summons
- In the Answer, think about raising one or more affirmative defenses, such as the statute of limitations
- Mail your reply that the clerk of court stamped to the debt collector
- Consider filing a countersuit if the debt collector violated any of the FDCPA laws
Bill of Particulars and Grounds of Defense
The whole point of going to court is for the judge to decide if the debt is valid or not. If it is deemed valid, you will be required to pay up unless you file for bankruptcy.
If you decide to dispute the debt, the judge will order a "bill of particulars" and a "grounds of defense."
Bill of particulars is a document submitted by the debt collector; it contains the specific amount owed, the interest acquired, along with proof/reasoning that you owe the debt claimed by the debt collector or creditor.
On the other hand, grounds of defense are the documents you file to contend or accept the contents of the bill of particulars. Also, the documents should contain your defense and the claims of the statute of limitations (if applicable). A statute of limitations is the time-limit a person or entity has to file a lawsuit against someone else.
Preparation for Court
On the summon day, the debt collector or creditor will collect any useful evidence ascertaining that the debt is valid. Their proof documents will include;
- The original debt agreement
- How the debt belongs to them (whether they are the creditor or debt collector)
- Why they are entitled to interest or reimbursement of legal fees
- How much you owe
You, on the other hand, should be armed with either of the following defenses;
- The amounts stated by the debt collector is incorrect
- The statute of limitations has expired
- Previous payments were unaccounted for
- It is a case of mistaken identity
Use SoloSuit to make the right defense and win your case.
What Happens If You Lose the Court Case?
The lawsuit can only have one winner between you and the debt collector. If you win, the case will be dismissed, and you may be liable for reimbursement for your time and legal fees.
If the debt collector wins, then judgment will be placed against you. In most states, judgment is valid for ten years, while in Virginia, it can go up to 40 years. By the time the period mentioned above is over, the debt collector needs to have collected their dues.
Depending on the debt collector, he/she may choose to collect their debts by bank account freezes, wage garnishment, or property liens. Property liens is a legal claim on assets such as houses, cars, or boats that grants the holder the ability to reclaim the property if their debts are not paid.
Wage garnishment is where part of your disposable income is paid directly to the debt collector until your debt is paid. In Virginia, the debt collector can take up to 25% of your disposable income. In the case of a wage garnishment, your social security is protected from deductions.
What is SoloSuit?
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
Respond with SoloSuit
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate
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