Silence the Calls, Send a Cease and Desist
Video Transcript: Using cease and desist letters to stop unfair debt collection in Oklahoma. I’m Tulsa attorney James Wirth, we are doing a series of videos relating to cease and desist letters, this one specifically to debt collection.
All right, so we’ve got the Fair Debt Collection Practices Act, that’s a United States law that essentially lays out the rules for debt collectors. And what it provides is that if you advise them and you tell them do not contact me anymore they cannot be contacting you anymore. That will not resolve the debt, the debt will still be owed, but it can stop the harassment.
So what if they continue calling, continue sending letters that you don’t want to receive? Well that’s where you may want to have an attorney send a cease and desist letter. Anytime your rights are violated or being violated you can give notice of that through a cease and desist letter saying you need to stop violating the rights.
This is what you’re doing. This is why it is improper. This is what the potential consequences are if they continue to do so. And there are potential consequences for a civil lawsuit for violation of the Fair Debt Collection Practices Act.
So if you are in that scenario where you’re receiving harassing calls from a creditor and you want those to stop and they don’t stop, you may want to have an attorney send a cease and desist letter, put it on formal letterhead, send it certified mail, make it all official, and then that should stop that activity.
But if it doesn’t that could open them up to a civil case that you could file against them because that is part of the law, and they would be violating the law at that point. All right, so that’s how a cease and desist letter may help you in the collection of stopping harassment from creditors.
If you have a question about dealing with a scenario like that though don’t take this general information from this video, talk to an attorney privately and confidentially to see how this may apply to your circumstances. To get that scheduled with an Oklahoma debt collection lawyer at my office and go online to makelaweasy.com.