It starts with a letter that uses simple, friendly language in a request for you to take care of a delinquent consumer debt. You throw the letter into the trash and subsequent letters from the same debt collection agency become increasingly aggressive in demanding you pay off the credit card or personal loan account.
Then, the letters stop arriving at home and in their place come a flurry of angry phone calls from the same third party debt collector. Do you have to take the abuse? You do not, according to a landmark consumer protection law passed by the United States Congress in 1997.
Called the Fair Debt Collection Practices Act (FDCPA), the historic consumer protection law outlaws a large number of previously acceptable debt collection techniques. One of the cornerstones of the FDCPA is the provision limiting bill collector phone calls to between the hours of 8 am and 9 pm.
The FDCPA gives consumers the right to seek monetary damages for the pain and suffering caused by the harassment of debt collection agencies. Moreover, the FDCPA allows consumers to send cease and desist notices to third party debt collectors like Hillcrest, Davidson & Associates.
Have a FDCPA Attorney Write the Cease and Notice
There are several reasons for you to consult with a licensed FDCPA lawyer, before writing a cease and desist letter. You cannot expect to fight back against the team of lawyers hired by Hillcrest, Davidson & Associates, unless you have a highly regarded FDCPA attorney in your legal corner.
He or she will write the notice using clear and professional language that avoids name calling and other emotionally charged words. Your FDCPA lawyer will let Hillcrest, Davidson & Associates know you are fully aware of the rights granted to you by the FDCPA.
When it comes time to send the cease and desist notice, your attorney will send the notice via certified mail to verify reception.
How to Write a Cease and Desist Letter
At the top of the letter, add the date to ensure you have a time stamp of when you sent the letter to Hillcrest, Davidson & Associates. Then, include your name, address, phone number, and email address beneath the contact information. After writing in the account number of the debt, you are ready to draft the heart of the cease and desist notice.
Dear Hillcrest, Davidson & Associates
“Pursuant to my rights under the state and federal fair debt collection laws, I hereby request that you immediately cease all written and oral contact with me, and my family and friends, concerning any and all alleged debts you contend I owe.
My employer prohibits me from receiving your calls or letters at work, and such contacts are embarrassing and inconvenient for me. Therefore, please also refrain from contacting my workplace in any manner as well.
You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Consumer Financial Protection Bureau and the [your state] Attorney General’s office and civil claims may be pursued.”
Thank you for your cooperation in this matter.
Speak with an experienced FDCPA attorney today to write a cease and desist letter that stops all forms of communication from Hillcrest, Davidson & Associates.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Hillcrest, Davidson & Associates or any other third-party collection agency, you may not be entitled to any compensation.