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________________________________________________________________________________________, VA, __________
________________ ____, ________
Ref No: __________
Dear ______________________:
This will serve as your legal notice pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, to cease and desist all further communication with me in regard to the above referenced debt or debts.
I have decided that I do not want to work with your collection agency or any other collection agency under any circumstances. I will contact the original creditor directly in order to resolve this matter. By sending this letter it is my intention to stop all your calls and collection activity from this day forth.
I also reserve the right to file suit against you for any future violations of this law.
Please give this very important matter the utmost attention.
Sincerely,______________________
A Cease and Desist Letter is a written request to an individual or organization to stop (cease) an action and refrain (desist) from doing it again in the future.
This letter notifies the recipient that they’re infringing on the sender’s rights or engaging in harassing activities. This type of behavior includes different things such as:
The letter typically comes with the threat of legal action if the recipient fails to comply with the demands detailed in the letter within a certain period of time.
No, a Cease and Desist Letter is not a legally binding document.
You cannot force the recipient of the letter to comply with your request, but you can follow through with your threat of legal consequences. If your lawsuit is successful, courts may issue a legally binding cease and desist order. In this case, the recipient (defendant) must comply with the order or face legal repercussions.
A Cease and Desist Letter is a courtesy to the recipient, giving them fair warning to remedy their actions before litigation. With this letter, you can let the recipient know:
If the recipient complies with the demands in your Cease and Desist Letter, you can save time and money by avoiding a lawsuit. Alternatively, if you proceed with litigation, you can use the letter as evidence in court to prove that you took reasonable measures to resolve the problem.
Write your Cease and Desist Letter in a concise and professional manner. Describe your grievances and explain what the other party can do to correct the action. Stick to the relevant details only. Leave out any information that is not absolutely necessary, such as foul language, bias, or petty commentary, and simply present the facts.
In addition to this explanation, a Cease and Desist letter should also include:
LawDepot’s Cease and Desist Letter template allows you to customize the letter for situations such as:
To avoid a dispute about the delivery of your Cease and Desist Letter, you can do one or more of the following steps:
In some cases, a recipient may claim that they unintentionally ignored a Cease and Desist Letter because the sender failed to deliver the letter appropriately. Research the best way to serve your Cease and Desist Letter, as document laws may vary by jurisdiction. This way, you can guarantee the delivery of the papers can be proven in court.
Once you send a Cease and Desist Letter, the recipient can either acknowledge the issue and comply with your request or ignore your letter completely.
If the recipient does not respond to your letter, you may decide to commence legal proceedings. However, you should give the recipient a reasonable period of time to comply with your request.
What constitutes a reasonable timeframe depends on:
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