A cease and desist letter is a written notice to an individual or organization to stop an action and refrain from repeating it because it infringes on your rights or is harassment. It mentions the action you would like stopped and may include the threat of legal action should the reader fail to comply. While your reasons for writing this letter may vary, it is often sent to debt collectors.
The Fair Debt Collection Practices Act gives you the legal right and avenue to stop debt collectors from hounding you over an alleged debt. If you would like a collection agency to stop calling you, you can request that they stop through this letter.
Cease and Desist Letter: Is It Enforceable?
While a cease and desist letter is not legally binding, you can follow through with the actions you indicated in it as consequences of non-compliance. In the event you sue and are successful, a court may then issue a cease and desist order. This document is legally binding that the defendant must comply with it to avoid legal repercussions.
When Can You Use a Cease and Desist Letter?
There are many situations that may call for a cease and desist letter, as long as you find the recipient’s actions inappropriate or harassing. Some of the reasons you may come to this decision include:
- When someone commits copyright or trademark infringement on your work
- When a debt collector is harassing you
- When dealing with general harassment, out of dent collection
What to Include in a Cease and Desist Letter
An effective cease and desist letter should explain your grievances and provide a suitable remedy through which the reader can correct the situation. It must also not contain any foul language or exaggerated details. To do this, it should include the following key details:
- Your name and contact information
- The recipient’s name and contact information
- A subject line, which in this case, could be the reference number for your account
- A brief description of the debt, including date and amount
- A notice asking the reader to cease and desist a certain action
- A notice of the consequences of non-compliance
- Your signature
Delivering Your Cease and Desist Letter
Some recipients may fail to hold up their end of the letter by claiming they did not receive it. Before sending your letter, research the serving process in your state and consider doing one or more of the following:
- Deliver the letter yourself and ensure you receive an Affidavit of Service
- Send the letter through certified mail
- Hire a process server to deliver the letter and present you with an Affidavit of service upon delivery
- Make several copies, keep one, and send another to your attorney, if you have one
Cease and Desist Letter Format
{Date}
{Agent’s Name}
{Debt Collection Company Name}
{Debt Collector’s Address}
{City, State, Zip Code}
Re: Cease and Desist
Dear {Mr./Mrs./Ms. Last Name},
This letter is pursuant to my rights under the federal debt collection laws. I am writing to request that you cease and desist all communication with me through {point of contact details} in regard to the alleged debt of {describe debt}. I do not expect you to {mention methods of contact}.
Should you not comply with this request, I am ready and willing to {mention course of action you will take as a consequence}.
Thank you for your compliance.
Sincerely,
{Your Name}
{Your Signature}
Sample Cease and Desist Letter
2 March 2031
Daniel Reynolds
Reynolds Collection Agency
100 Union Road
Virginia Beach, VA
Re: Cease and Desist
Dear Mr. Reynolds,
I am writing in regard to the alleged debt of $4,000 you claim I owe ABC Company for the supply of electronic products. Pursuant to my rights under the federal debt collection laws, I hereby request that you CEASE AND DESIST all communication with me concerning this and any other debts.
If you do not stop calling and emailing me immediately, I will file a complaint with the Virginia Attorney General’s office and the Federal Trade Commission.
Thank you for your compliance.
Sincerely,
Colin Cooper
Cease and Desist Letter (Word Template)
Key Takeaways
When the debt collector receives your cease and desist letter, they can contact you one final time to inform you of their next action. You can ensure that their letter doesn’t create a back and forth by ensuring yours has all the information they need to stop their actions. This means being factual, precise, and to the point in your correspondence.
