What is the 11 word phrase to stop debt collectors?

Dealing with debt collectors can be stressful and overwhelming. The constant phone calls, letters, and potential legal threats can create significant anxiety. While there’s no magic bullet to eliminate debt instantly, there are strategies to manage debt collectors and protect your rights. You might have heard about an "11-word phrase" that can supposedly make debt collectors stop contacting you. Let's explore this claim and understand its limitations, and the more effective ways to handle debt collection.

The Myth of the Magic Phrase: "I am requesting that you cease all communication with me."

The phrase circulating, often touted as the ultimate solution, is: "I am requesting that you cease all communication with me." The idea is that uttering or sending these words will immediately halt all contact from the debt collector. While there's a grain of truth to this claim, it's crucial to understand the nuances and limitations.

Understanding "Cease Communication" under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a federal law designed to protect consumers from abusive, unfair, and deceptive debt collection practices. Under the FDCPA, you do have the right to tell a debt collector to stop contacting you. This request must be in writing.

Here's what happens when you send a "cease communication" letter:

• The debt collector must stop contacting you, except for two specific reasons.
• They can contact you one more time to tell you either:
  • That they are ceasing collection efforts.
  • That they intend to take specific action, such as filing a lawsuit.

Important Considerations:

• Written Request is Key: The FDCPA requires the "cease communication" request to be in writing. Saying the phrase over the phone is unlikely to be sufficient to invoke the FDCPA's protections.
• Doesn't Erase the Debt: This request only stops the communication; it doesn't eliminate the debt itself. The debt collector can still sue you to collect the debt.
• Doesn't Apply to Original Creditors: The FDCPA primarily applies to third-party debt collectors, not the original creditor you owe money to (e.g., a credit card company if they're trying to collect the debt themselves). However, some state laws might extend similar protections to original creditors.

Crafting a Cease and Desist Letter

While the 11-word phrase might get the message across, a more formal "cease and desist" letter is recommended for clarity and to provide a record of your request. Here’s a template you can adapt:

[Your Name]
[Your Address]
[Your Phone Number]
[Your Email Address]

[Date]

[Debt Collector's Name]
[Debt Collector's Address]

Subject: Cease Communication Regarding Account [Account Number]

Dear [Debt Collector's Name],

This letter is to formally request that you cease all communication with me regarding account number [Account Number]. I am exercising my rights under the Fair Debt Collection Practices Act (FDCPA) to request that you no longer contact me by phone, mail, email, or any other means.

Please be advised that any further attempts to contact me, except as permitted by the FDCPA (to notify me that collection efforts are being terminated or that you intend to pursue legal action), will be considered a violation of the FDCPA.

Sincerely,
[Your Signature]
[Your Typed Name]

Tips for Sending Your Cease and Desist Letter

• Send it via Certified Mail with Return Receipt Requested: This provides proof that the debt collector received your letter. Keep the receipt and a copy of the letter for your records.
• Keep a Copy: Always retain a copy of the letter for your personal records.
• Be Clear and Concise: Stick to the essential information and avoid unnecessary details or emotional language.

Beyond Cease Communication: Other Debt Management Strategies

While stopping debt collectors from contacting you can provide temporary relief, it doesn't solve the underlying debt problem. Here are some strategies to consider for managing your debt effectively:

Debt Validation

Before you pay any debt, especially if it's being collected by a third-party, request debt validation. Under the FDCPA, you have the right to request the debt collector to provide proof that the debt is valid. This includes:

• The name of the original creditor.
• The account number.
• The amount of the debt.
• Verification that the debt is yours.

If the debt collector cannot provide valid documentation, they are not legally allowed to continue collection efforts. This doesn't mean the debt disappears, but it makes it more difficult for them to pursue legal action.

Debt Negotiation

Negotiating with the debt collector is another option. You can often negotiate a lower payment amount or a payment plan. Be sure to get any agreement in writing before making any payments.

Credit Counseling

Non-profit credit counseling agencies can provide guidance and assistance with debt management. They can help you create a budget, negotiate with creditors, and develop a debt management plan.

Debt Settlement

Debt settlement involves negotiating with your creditors to pay a lump sum that is less than the full amount you owe. This can have a negative impact on your credit score, so it's important to weigh the pros and cons carefully.

Bankruptcy

Bankruptcy is a legal process that can discharge (eliminate) certain debts. It is a serious decision with long-term consequences for your credit, so it's important to seek legal advice from a qualified bankruptcy attorney.

Protecting Yourself from Abusive Debt Collection Practices

The FDCPA prohibits debt collectors from engaging in abusive, unfair, or deceptive practices. Here are some examples of what debt collectors are not allowed to do:

• Contact you before 8:00 a.m. or after 9:00 p.m.
• Contact you at your workplace if you've told them you're not allowed to receive calls there.
• Harass or threaten you.
• Use false or misleading statements.
• Disclose your debt to third parties.

If a debt collector violates the FDCPA, you have the right to sue them for damages.

Conclusion

While the 11-word phrase "I am requesting that you cease all communication with me" can be part of a debt management strategy, it's essential to understand its limitations and the importance of following up with a written "cease and desist" letter. More importantly, addressing the underlying debt problem through strategies like debt validation, negotiation, credit counseling, or debt settlement is crucial for long-term financial well-being. Don't be intimidated by debt collectors; know your rights and take steps to protect yourself.