The calls happen late at night and early in the morning just after the sun rises. You receive letters threatening to contact friends and family members about a debt you owe.
Although you feel like there is not a legal recourse to stop the harassment, the fact is a federal law protects you against the third party debt collectors such as Avante USA, Ltd.
Enacted on September 20, 1977, the Fair Debt Collection Practices act prevents third party debt collectors like Avante USA, Ltd. from using abusive language or making threats over the phone and through the mail.
The landmark legislation also grants consumers the right to send a cease and desist letter requesting third party debt collectors stop all forms of communication.
If you want Avante USA, Ltd. to stop contacting you, a FDCPA lawyer can help you draft and send a cease and desist letter that ends all communication with the debt collection agency. The agency can contact you only under two conditions after receiving the letter: to inform you about receiving the letter or letting you know to expect the case to land in court.
Why a FDCPA Lawyer Should Write the Cease and Desist Letter
A cease and desist letter should include clear language that specifically asks a third party debt collector to refrain from making further contact with you. The letter should not include emotionally charged language that motivates the debt collector to push harder for the repayment of an outstanding debt.
By working with a licensed FDCPA lawyer, you ensure the cease and desist letter does not include emotional language.
Your attorney knows how to word the letter to request the cessation of communications. The letter will mention the cease and desist clause found within the FDCPA, as well as explain the ramifications of not complying with the letter.
After writing the cease and desist letter, your lawyer will send it through certified mail. After receiving the letter, Avante USA, Ltd. must confirm reception of it by signing a document provided by the United States Postal Service.
What is in a Cease and Desist Letter?
By adding the date at the top of the certified letter, your attorney marks the legally binding official start of the cease and desist request. Personal information such as name, address, and phone number follows the date at the top of the cease and desist letter.
The first paragraph should include language similar to the following:
“Under the provisions of Public laws 95-109 and 99-361, known collectively as the Fair Debt Collections Practices Act (FDCPA) I formally notify you to cease all communications with me in regards to this debt, or any other debts that you allege I owe.
Please be advised that if collection attempts continue after receipt of this notice, I will immediately file a complaint with the Federal Trade Commission and the [Your State Here] Attorney General’s office.”
The second paragraph lays out the legal ramifications of not following a cease and desist letter request. Section 15 U.S.C. 1692c(c) of the FDCPA grants consumers the legal right to seek damages for FDCPA violations that include not abiding by a cease and desist letter request.
Contact a licensed FDCPA lawyer today to write and send a cease and desist letter that carries the weight of the law.
*Disclaimer: The content of this article serves only to provide information and should not be constructed as legal advice. If you file a claim against Avante USA, Ltd. or any other third-party collection agency, you may not be entitled to any compensation.