When creditors in Wisconsin cross the line from persistent to harassing, it's time to take action. A cease and desist letter is a formal way to tell a creditor to stop contacting you about a debt. This blog post will guide you through the process.
What is a Cease and Desist Letter?
A cease and desist letter is a legal document that you send to a creditor or debt collector, demanding that they stop all communication about a debt. This includes phone calls, emails, letters, and even visits to your home or workplace.
When to Send a Cease and Desist Letter
You should consider sending a cease and desist letter if you are being harassed by a creditor. This includes:
- Frequent or late-night calls: Repeated calls, especially outside of reasonable hours (generally 8 a.m. to 9 p.m.), are a red flag.
- Threats and intimidation: Any threats of violence, arrest, or harm are unacceptable.
- False statements: Creditors cannot lie about the amount owed, the legal consequences of non-payment, or their authority.
- Contacting third parties: Disclosing your debt to your employer, family, or neighbors without your permission is generally prohibited.
- Obscene or abusive language: Using profanity or insults is a clear violation.
- Failure to identify themselves: Creditors must clearly identify themselves and the company they represent.
- Continuing contact after a written request to stop: After you send a written request to stop communication, with very few exceptions, they must stop contacting you.
How to Write a Cease and Desist Letter
Your cease and desist letter should include the following information:
- Your name and address
- The name and address of the creditor or debt collector
- The account number or other identifying information for the debt
- A clear statement that you are demanding that the creditor or debt collector stop all communication with you about the debt
- A statement that you will take legal action if the creditor or debt collector continues to contact you
- Your signature and the date
Sending Your Letter
It is important to send your cease and desist letter by certified mail with a return receipt requested. This will provide proof that the creditor or debt collector received your letter.
What to Do if the Harassment Continues
If the creditor or debt collector continues to contact you after you have sent a cease and desist letter, you should take the following steps:
- Document everything: Keep a record of all communication with the creditor or debt collector, including the date, time, and content of the communication.
- Seek legal help: If the harassment is severe or you believe the creditor or debt collector has violated the law, you should consult with an attorney.
By taking these steps, you can protect your rights and stop creditor harassment.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
