Templates
Cease and Desist Letter Template
What this letter does
A cease and desist letter (technically called a "request that communication cease" under FDCPA) requires a debt collector to stop contacting you about the debt.
Once they receive your written request, they can only contact you to:
- Tell you they are stopping collection
- Notify you of specific legal action they are taking
What this letter does NOT do
Important warnings about what cease and desist does not accomplish.
It does not make the debt go away
The debt still exists. The collector still owns it (or works for whoever owns it). They still have all their legal rights to collect, except for direct contact.
It does not prevent a lawsuit
The collector can still sue you. In fact, after receiving a cease and desist, some collectors are more likely to sue because they cannot use phone calls and letters to try to collect.
It does not stop credit reporting
The collector can continue to report the account to credit bureaus. Cease and desist only stops contact with you.
It does not work on original creditors (under FDCPA)
FDCPA only applies to third-party collectors. If you are dealing with the original creditor, FDCPA does not require them to honor a cease and desist request. Some states have laws extending these protections to original creditors.
When to use this letter
Consider sending a cease and desist when:
- A collector is harassing you (frequent calls, abusive language, etc.)
- You have decided not to communicate with the collector and want them to stop trying
- You have a lawyer who will handle communications going forward
- You want to limit the collector's options to either stopping or filing a lawsuit
Do not use this letter when:
- You want to negotiate a settlement (you cut off the channel for negotiation)
- The debt is approaching SoL and you want to avoid pushing them toward a lawsuit
- You have not yet investigated whether the debt is even valid
- You are still within the 30-day debt validation window
Strategic considerations
A cease and desist letter is a powerful tool but it is also a one-way decision. Once sent, you cannot easily undo it.
If you are considering this letter, also consider:
Debt validation request first
If you are within 30 days of first contact, sending a debt validation request accomplishes more. It requires them to stop collection AND provide validation. If they cannot validate, they cannot continue collection at all.
What you actually want
If you want to never hear from them again, cease and desist is appropriate. If you want them to validate the debt or negotiate, other approaches are better.
Lawsuit risk
If the debt is within SoL and the amount is high enough that a lawsuit is realistic, cease and desist may push the collector to sue rather than continue trying to collect through other means. If you cannot defend a lawsuit, this may be worse than continued contact.
Template
[YOUR NAME]
[YOUR ADDRESS]
[CITY, STATE ZIP]
[DATE]
[COLLECTOR NAME]
[COLLECTOR ADDRESS]
Re: Account Number [ACCOUNT NUMBER]
Original Creditor: [ORIGINAL CREDITOR NAME, IF KNOWN]
To Whom It May Concern:
Pursuant to my rights under the Fair Debt Collection Practices
Act, 15 U.S.C. section 1692c(c), I am requesting that you cease all
communication with me regarding the above-referenced alleged
debt.
This request applies to all forms of communication, including:
- Telephone calls to my home, mobile phone, or workplace
- Postal mail
- Email
- Text messages
- Any other form of contact
This request applies to all individuals associated with me,
including but not limited to:
- Family members
- Friends
- Coworkers
- Employer
- Neighbors
Per FDCPA section 1692c(c), you may only contact me again to:
(1) Acknowledge receipt of this request and confirm that you
will cease communication, or
(2) Notify me of specific legal action you intend to take
regarding this account.
This letter is being sent by certified mail with return receipt
requested. The certified mail receipt will serve as proof that
you received this request as of the date of delivery.
Any communication from your organization, or any successor or
assignee, that violates this request will be considered a
violation of FDCPA section 1692c(c) and will be documented for
potential FDCPA action.
This communication does not constitute an admission of liability
or acknowledgment of the alleged debt.
Sincerely,
[YOUR SIGNATURE]
[YOUR PRINTED NAME]
How to send
Certified mail with return receipt requested. This is essential. Without proof of delivery, you cannot prove the collector received your request, and you cannot enforce the cease and desist if they continue to contact you.
The certified mail receipt and return receipt card together provide:
- Date sent
- Date received
- Signature of who received it
Keep these documents permanently with a copy of the letter.
What to do if they continue to contact you
If the collector contacts you after receiving the cease and desist (other than to acknowledge it or notify of legal action):
Document everything
- Date and time of contact
- Method of contact (call, letter, email, text)
- What was said or written
- Phone number used
- Save voicemails and any written communication
File complaints
- CFPB at consumerfinance.gov/complaint
- FTC at reportfraud.ftc.gov
- State attorney general
Consult a consumer protection attorney
Each violation can be worth up to $1,000 in statutory damages, plus actual damages, plus attorney fees. If they have continued to contact you despite written cease request, you have a clear-cut FDCPA case.