Cease & Desist Letter

If you are “judgment proof” – that is if you do not have any assets and have no income, you do not need to file bankruptcy to obtain protection from your creditors.

Consider sending each creditor a cease and desist letter asserting your right under the Federal Fair Debt Collection Act demanding the creditor stops contacting you.

The next time a creditor calls, say you want to send them a Cease and Desist letter. Ask where you can mail the letter. Insert the creditor’s address in the following template along with your name, address and account number. The creditor has to stop calling you or can be subject to damages under federal law.

Here is a sample letter:

Your Name
Your Address



Creditor Name
Creditor Address

Re: Account No. ________________________

Dear Creditor:

This will serve as your legal notice under the provisions of  the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission which is responsible for enforcement, the State’s Attorney General office, the American Collectors Association and local State Bar Associations.


Your Name

If you have questions about cease and desist letters or would like an attorney to write one for you, call Evan Livingstone at (707) 206-6570 or email him at evanmlivingstone@gmail.com for a free consultation.

Leave a Reply

You must be logged in to post a comment.