If you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you are, a debt collector may be contacting you.
The Federal Trade Commission (FTC), enforces debt collection laws such as the Fair Debt Collection Practices Act (FDCPA), which prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.
Under the FDCPA debt collection laws, a debt collector is someone who regularly collects debts owed to others. This includes collection agencies, lawyers who collect debts on a regular basis and companies that buy delinquent debts and then try to collect them.
What should I do if a debt collector sues me?
If a debt collector files a lawsuit against you to collect a debt, respond to the lawsuit, either personally or through your lawyer, by the date specified in the court papers to preserve your rights.
Where do I report a debt collector for an alleged debt collection laws violation?
Report any debt collection laws problem you have with a debt collector to your state Attorney General’s office (www.naag.org) and the Federal Trade Commission (www.ftc.gov).
For More Information
Many states have their own debt collection laws that are different from the federal Fair Debt Collection Practices Act. Your Attorney General’s office can help you determine your rights under your state’s debt collection laws.
To learn more about debt collection laws and other credit-related issues, read the Fair Debt Collection Practices Act.
Sample Cease and Desist Letter For Debt Collectors
You can use this cease and desist letter to stop debt collectors from calling you. Once the collector receives your letter, the FDPCA allows the collector to contact you one final time, in writing, to let you know what action, if any, the collector will take next.
Date
Your Name
Address
City, State Zip
Debt Collector’s Name
Address
City, State Zip
Re: Account Number
Dear Debt Collector:
Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.
You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.
Sincerely,
Your Name
Tips for Using the Cease and Desist Letter
Customize the cease and desist letter with your information including the current date, your name, address, and account number given by the debt collector.
Send the letter via certified mail with return receipt requested so you have proof of the letter's mailing and receipt.
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