Receiving a letter or a phone call from NCB Management Services, Inc. can be unsettling. Although the Fair Debt Collection Practices Act (FDCPA) prohibits the debt collection agency from using abusive language or implementing deceptive practices to collect on a credit account, the third party debt collector can try to communicate with you to settle an outstanding debt.
However, the FDCPA grants you the right to stop all debt collection efforts by sending NCB Management Service, Inc. a cease and desist latter.
After receiving a cease and desist letter, debt collection agencies such as NCB Management Services, Inc. are permitted to contact consumers again by either confirming the reception of the letter or stating the next move is the filing of a lawsuit in state court.
A Lawyer Knows How to Write a Send a Cease and Desist Letter
Consumers should resist the temptation to respond immediately to a cease and desist letter sent by NCB Management Services, Inc. Instead, a licensed consumer protection lawyer knows how to draft a cease and desist letter that contains the proper legal language to force debt collection agency communication to stop contacting you.
Just as important, a FDCPA lawyer will send the cease and desist letter trough certified mail in compliance with state statutes that pertain to debt collection actions.
NCB Management Services, Inc. has to sign for the cease and desist letter sent via certified mail, which confirms the debt collection agency is aware of the ramifications of not complying with your request.
What to Include in Your Letter
Most FDCPA lawyers follow an industry standard for writing a cease and desist letter. After the date and personal information listed at the top of the letter, your lawyer should include language that reflects the following generic FDCPA cease and desist letter.
“Under the provisions of public laws 95-109 and 99-361, known collectively as the Fair Debt Collections Practices Act (FDCPA) I formally notify you to cease all communications with me in regards to this debt, or any other debts that you allege I owe.
Please be advised that if collection attempts continue after receipt of this notice, I will immediately file a complaint with the Federal Trade Commission and the [Your State Here] Attorney General’s office.
Additionally, if I’m contacted again after receipt of this notice, I will pursue both criminal and civil claims against you and your company for violation of the FDCPA.
Please be aware that going forward, after I have confirmed your receipt of this notice, any communications from your company may be recorded to be used as evidence for my claims against you.”
Under Section 15 U.S.C. 169c(c) of the FDCPA, you have the legal right to seek damages for violations of the federal consumer protection law. Actual damages awarded in FDCPA case cover the cost of treating the physical and emotional distress caused by continued harassment from debt collection phone calls and letter.
Do not allow NCB Management Services, Inc. trample over the FDCPA. Speak with a licensed lawyer to get the legal protection you deserve for cease and desist letter violations.
*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 (Insert Collection Agency) or any other third-party collection agency, you may not be entitled to any compensation.