If Scott & Associates contacts you, a federal law grants you the right to draft and send a cease and desist letter requesting the debt collection agency stop communicating with you.
After you send a cease and desist letter, a debt collector can only contact you again to inform you the agency received the letter or to let you know the debt collector plans to file a lawsuit.
Under the Fair Debt Collection Practices Act (FDCPA) of 1977, third party debt collectors are also prohibited from making threats or using abusive language in attempts to collect outstanding consumer debts.
Debt collectors also are not allowed to use deception to coerce consumers into paying off delinquent debts. Deception can involve impersonating law enforcement or sending correspondence to family members.
Crafting a Cease and Desist Letter
Writing a cease and desist letter does not appear to be complicated. However, many consumers that send FDCPA sanctioned cease and desist letters allow emotions to undermine the intent of the letters.
The wording of a cease and desist letter determines the legally binding effectiveness it carries, which means you should work with a FDCPA lawyer to draft a letter that has the teeth to pass the legal litmus test.
Your licensed lawyer will clearly request the cessation of communications between you and Scott & Associates. The letter will include language connecting the FDCPA to the right of sending a cease and desist letter.
Moreover, your lawyer will send the letter through certified mail to ensure Scott & Associates receives the letter. The debt collection agency must sign a form confirming the letter arrived via certified mail.
What to Include in a Cease and Desist Letter
Your lawyer understands the importance of putting the date of the cease and desist letter at the top of the letterhead. The date represents the legally official start of a cease and desist request. After the date comes your personal information, including cell phone number and electronic mail address.
Most cease and desist letters follow a format similar to the following content:
“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.”
Section 15 U.S.C. 1692c(c) of the FDCPA permits consumers to file lawsuits asking financial damages for violations that include not following the requests listed in a cease and desist letter. Speak with an experienced consumer protection lawyer to send a cease and desist letter that gets Scott & Associates off your back.
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*Disclaimer: The content of this article is for information purposes only. It should not be used construed as legal advice. If you choose to file a claim against Scott and Associates or any other third-party collection agency, your claim may not be successful, and you may not be entitled to any compensation for your alleged injuries.