Cease and Desist Communications Letter, Judgment Proof Letter

[GoingDown]

To get debt collectors to stop calling you on the phone, I would word the letter something like this...

[today's date]
[your name]
[the telephone number they are already calling]
[the address they already have for you-- or leave it blank]

If there is an underlying arbitration clause in the underlying credit card agreement, I exercise it for any dispute between us, waiving your right to sue over the dispute.

In accordance with the Fair Debt Collection Practices Act, I demand that you cease and desist from any communication with me.

It is inconvenient for me to receive telephone calls from you at any time and at any location.

In accordance with the Telephone Consumer Protection Act, I am informing you in writing that you are not authorized to call me on my cell phone. I revoke any prior authorization and demand that you never call me on my cell phone.

I am hereby informing you in writing that I will tape record any and all telephone calls from you and I will save them and use them as evidence against you if you violate the Fair Debt Collection Practices Act. If you do not want to be tape recorded then you are advised to never call me again.

[if you are not truly judgment proof, then leave the next part out of your letter, but you may want to say that you are preparing to file bankruptcy soon]...

I am hereby informing you in writing that I am judgment proof. [and now tell them why you are judgment proof without going into too many personal details, keep it general-- for example say what applies to you in your situation-- such as... I have no assets, no real estate, no wages to garnish, no checking account, etc., etc.]

[this next part may be a bit controversial, but I think it has helped me to keep from getting sued most of the time]

If you file a lawsuit against me, I will fight you every step of the way all through court, and even if you do win, I will fight against you and I will make sure you never get a penny from me voluntarily. If my circumstances change in the future, I will simply file bankruptcy and your judgment will become worthless. Filing a lawsuit against me will be a waste of your time, money and effort.

[Proudpops79]

Has anyone used this? I’m only worried about Heights Finance calling me at work

[bcohen]

I would not use this letter, as presented. If you are employed, and living in KY, your wages can be garnished, so you are most definitely not "collections proof". This letter is likely to encourage a creditor to file a lawsuit sooner, rather than later. If you don't want to receive phone calls, that is your legal right, and a letter to that effect could be sent, without pushing the creditor to file a lawsuit. I would write something like this:

RE: Creditor Name: (creditor's name)
Account Number: (account number)

Please be advised that it is inconvenient for me to receive telephone calls regarding this matter on any telephone number at any time. Please send all communications in writing to my home address.

Thank you for your cooperation.

Sincerely,

(your name)

[NwodGniog]

I have learned to keep it really short and simple over the years.

And no more expensive certified mail. I either email them or send them a fax if I can't find their email address, which fortunately has become fairly rare. They would rather use email, too, at this point.

"I dispute the validity of the alleged debt. It is inconvenient for me to receive phone calls from you at any time or any location, so don't call me. I revoke any prior authorization you may have had to use an autodialer to call my cell phone number. I record all phone calls."

That invokes everything you need to for both the FDCPA and the TCPA.

Then if they do call, start recording, answer the call, say I'm recording this call, and ask them what is the name of the company, ask them to spell it if they don't speak clearly enough to understand them (that has happened to me a lot), identify yourself, and then say the date and time of the call. Then hang up. You now have proof they violated the FDCPA and probably the TCPA (if they called your cell phone number) because almost all of them use autodialers to place their calls.