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In a NutshellA cease and desist letter is a formal written request that you send a debt collector telling them to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact save for one final call to tell you what actions they intend to take. While sending a cease and desist letter is a good way to stop debt collectors from harassing you, it doesn’t make your debt disappear. If the debt is valid, the debt collector may choose to take legal action to recover the debt.
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated September 19, 2023
A cease and desist letter is a tool you can use to tell debt collectors to stop contacting you about a debt. Once the debt collector receives a cease and desist letter, they must stop further contact, including collection calls and demand letters.
There’s one exception though: The debt collector can make one final phone call or send one final notice. In this notice, they may:
If and when you decide to send a cease and desist letter is up to you. If you’re being repeatedly contacted about a debt and don’t wish to speak to or negotiate with the debt collector, a cease and desist letter will stop those collection calls. Just make sure you’re prepared for the potential consequences, such as a debt collection lawsuit.
If you’re contacted about an old debt that’s past the statute of limitations, you can send a cease and desist letter to stop debt collector contact. Debt collectors can still sue you, even after the statute of limitations has passed. In this case, it’s your job to respond to the lawsuit and tell the court that the debt is time-barred.
Collection agencies can’t threaten to sue you for a debt that they know is past the statute of limitations. In spite of this, they may be particularly aggressive in contacting you about these debts because they have no other available remedies.
If you’ve been incorrectly identified by the debt collector and told them this on the phone but they haven’t stopped contacting you, a cease and desist letter can also be helpful.
In some instances, you may not want to send a cease and desist letter. For example, if you were contacted about a debt that you don’t believe is valid, you may want to consider writing a debt verification letter before you send a cease and desist letter.
The debt verification letter will help you gather information to dispute the debt. If you send it within 30 days of getting the debt collector’s debt validation letter, the debt collector can’t continue with collection efforts until the debt is verified.