Ask Jack About Debt

You agree you owe the debt but you are not in a position to pay it off

 

In this case, you should not, in my opinion, waste any more time with the collection agency. Send them the Cease and Desist letter below. Depending on the age or amount of the debt, that might be the end of it. (They won't pay lawyers if the amount and certainty of collection does not justify the cost.)

If you need to settle the debt, you have some choices.
  1. If you can afford to settle the debt by paying cash now for some part of it, work with the original creditor to see if you can get the debt discharged for an amount you can afford.
  2. If you cannot afford to settle the debt at any reasonable level, or if your total debts are too high, then we suggest you talk to a member of the NFCC  about a debt management plan or bankruptcy. DO NOT fall for the slick pitches you see from debt consolidators or counselors on TV that make it sound as if they can eliminate your debt for a small fee.

BY CERTIFIED MAIL

[date]

TO: [ name and address of collection agency ]

FROM: [ your name and address ]

RE ACCOUNT NUMBER: [ account number if relevant. It should be on any letter you have received from collection agency ]

BALANCE DUE: [ amount ]

You are herby notified, under provisions of the Fair Debt Collection Practices Act [15 USC 1692c], that you must cease and desist all communications with me after being notified in writing that I no longer wish to communicate with you.

Therefore I demand that you stop calling me at home, at work, on my cell phone or any other location.

In accordance with the federal FDCPA, now that you have received this letter, you may contact me only to inform me that you are terminating further collection efforts; invoking specified remedies which are ordinarily invoked by you or your company; or you intend to invoke a specified remedy.

1. You and your organization must CEASE AND DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediate filing of a complaint with the Federal Trade Commission and the Attorney General of [[insert name of your state]].

2. Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any conversations that we may have in the future.

3. Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, I intend to pursue any and all remedies available to me by law by means of civil suits against you and your organization, both personally and corporately.

{END THE LETTER WITH ONE OR BOTH OF THESE SENTENCES]

I intend to settle this debt with the original creditor.

I intend to create a debt management plan to settle this debt.

Sincerely,
[ your name and signature]


Go to First Page of this Section: Stop Debt Collector Harassment




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