After receiving several letters from Wakefield & Associates, Inc. you begin to receive phone calls at all hours of the day. A federal consumer protection law prevents third party debt collectors from calling you between 9:00 pm and 8:00 am.
More important, the Fair Debt Collection Practices Act (FDCPA) gives consumers the legal right to send a cease and desist letter requesting that Wakefield & Associates, Inc. stop all forms of communications with you.
The only legally acceptable reason for the third party debt collector to contact you is to verify reception of the letter or to let you know the filing of a lawsuit is imminent.
Write a Legally Binding Cease and Desist Letter
Far too many consumers take matters into their own hands by writing and sending cease and desist letters to debt collection agencies like Wakefield & Associates, Inc. A licensed lawyer understands the guidelines set forth in state and federal law for the crafting of a cease desist letter.
By hiring a FDCPA lawyer, you ensure a cease and desist letter does not include emotionally charged inflammatory language that motivates Wakefield & Associates, Inc. to double down and come after you with more purpose.
The cease and desist letter drafted by a lawyer will clearly inform the debt collection agency the FDCPA permits you to stop all forms of communication sent by Wakefield & Associates, Inc.
What is in a FDCPA Cease and Desist Letter
FDCPA cease and desist letter should follow several legal principles. By adding the date of the letter at the beginning, you establish a timeline that carries weight inside a courtroom. Your personal information follows the date.
The first paragraph contains legal language establishing your legal right to send the letter under public laws 95-109 and 99-361. Wakefield & Associates, Inc. is informed of the request to stop all forms of communication, as well as the ramifications of continuing to contact you.
The second paragraph of a cease and desist letter should read similar to this:
“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.”
If Wakefield & Associates contacts you after receiving a cease and desist letter, Section 15 U.S.C 169c(c) of the FDCPA grants you the legal right to seek damages against the debt collection agency.
You can seek financial compensation for experiencing physical and mental distress caused by Wakefield & Associates, Inc.
Do not allow Wakefield & Associates, Inc to violate provisions of the FDCPA. Make the FDCPA work for you by speaking with an experienced consumer protection lawyer today.
Additional Resources
*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 (Insert Collection Agency) or any other third-party collection agency, you may not be entitled to any compensation.