Cease and desist letters are mostly a waste of a good postage stamp. I generally advise my own clients not to use cease and desist letters. There is a place for them, but not as a trick to stop legitimate debt collection. I will use a cease and desist letter to end debt collection on claims that are time barred. But I can’t think of any other legitimate use for them.
People often say debt collectors are “threatening me.” What they really mean is that debt collectors are asking you for money that you can’t pay. ( I know there are situations where collectors make illegal threats – I’m not talking about that here.) Ask yourself this question: Would you rather get phone calls and collection letters from them? Or would you rather get served with lawsuits?
I think you would rather be on the receiving end of phone calls and letters than served with a lawsuit. If you get sued, you will probably lose. After that you will face the probability of having your wages garnished. You bank accounts will be levied. Judgment liens will be recorded against your home. If you make debt collectors “cease and desist” calls and letters, the only route you are leaving them is to sue you. The debt collectors have to escalate the conflict by suing you. That’s because you told them to stop contacting you by phone and letter.
You can send cease and desist letters . But you still owe the money. If this is a serious debt problem, (a non serious debt problem might be money you owe for a magazine subscription) then consult a bankruptcy lawyer for specific advice. Why a bankruptcy lawyer? Because that’s what you do when you are broke. The relationship between you and your creditors is similar to being in a marriage. A married couple can split up. But without a divorce, they are still married to each other.
I describe the relationship between you and your creditors as a marriage. You can move out or stop talking to your spouse. But doing that does not alter the fact that you are still legally married. It’s the same way with your creditors. You can block their calls and ignore their letters. You can give them a cease and desist letter. But until you are still married to your creditors until pay them off or discharge the debt in bankruptcy. A bankruptcy court case is the legal way you get unchained from your lawful debts. A bankruptcy case is pretty much like getting a divorce from your creditors.
Do you want “OUT” of the marriage between you and your creditors? Then go see a bankruptcy attorney. Get a real debt solution. Cease and desist letters are debt relief gimmicks. Most bankruptcy lawyers offer a free consultation. Look for bankruptcy lawyers who are certified bankruptcy specialists. A certified bankruptcy specialist has been recognized for competence, experience, and honesty. A roster of every Certified Bankruptcy Specialist from the State Bar of California is available here. You can read more about bankruptcy if you’d like. THIS IS FREE. Go here, to the BEST BANKRUPTCY BOOK.