The sinking feeling in the stomach starts with the first letter or phone call. Penn Credit has ed you in regards to the collection of an outstanding debt. With the prospect of court facing you, the prospects appear dim that you can resolve the issue.
However, a landmark federal law allows you to request Penn Credit to stop communicating with you by phone and through snail mail.
Passed in 1977 by the United States Congress, the Fair Debt Collection Practices Act (FDCPA) grants consumers the right to send debt collection agencies a cease and desist letter that prohibits further communication.
The FDCPA also makes it unlawful for third party debt collectors to threaten consumers and use abusive language in attempts to collect outstanding debts. Debt collection agencies like Penn Credit must not use deception to trick consumers into settling delinquent credit accounts.
How to Write a Cease and Desist Letter
After Penn Credit contacts you, the urge to write and send a cease and desist letter can lead to a poor legal outcome. You cannot craft a cease and desist letter that includes emotional language.
The best strategy for writing a powerful cease and desist letter is to hire a licensed FDCPA lawyer. FDCPA lawyers not only are experts about the FDCPA, they also know the consumer protection statutes enacted by the state where they practice.
The cease and desist letter written by your lawyer will contain clear language requesting Penn Credit to stop communicating with you. Your lawyer will send the letter through certified mail to ensure the letter arrives to the right destination in a timely manner.
After receiving your request for the cessation of all forms of communication, Penn Credit must sign a form that verifies reception of the certified letter.
What Your FDCPA Lawyer Will Include in a Cease and Desist Letter
Like most legal documents, a cease and desist letter sent to Penn Credit should follow a general template. At the top of the letterhead, your FDCPA lawyer will print the date of the letter to establish a timeline. Following the date, your lawyer will include personal information like name and address.
The heart of the cease and desist letter makes it clear you want Penn Credit to refrain from contacting you, as well as the legal ramifications of violating the cease and desist request.
“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.
Additionally, if I’m contacted again after receipt of this notice, I will pursue both criminal and civil claims against you and your company for violation of the FDCPA. Please be aware that going forward, after I have confirmed your receipt of this notice, any communications from your company may be recorded to be used as evidence for my claims against you.”
Contact a FDCPA lawyer to send a cease and desist letter that prohibits Penn Credit from communicating with you in regards to an outstanding debt.
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Penn Credit or any other third-party collection agency, you may not be entitled to any compensation.