Featured News 2013 Stopping Creditors with a Cease Communications Letter

Stopping Creditors with a Cease Communications Letter

If you are about to file for bankruptcy, you will be granted relief from all of the creditors that are constantly calling and demanding financial repayment from you. While you are in the bankruptcy process, none of these creditors are allowed to call you or contact you for more money or demand payments. They cannot sue you or reclaim hold of collateral such as your home or car. The creditors cannot call anyone in association with your debts. This includes spouses, family members, friends, employers, neighbors, or anyone else who may be in contact with you.

In order to ensure that no one will be contacting you, you can often create "cease communications" letters and send them to your creditors. An attorney can help you with this process and show you how to word the letters for maximum effectiveness. The letter will present all creditors from communicating with you except to provide you with the notification that attempts to collect the dent have ceased at present. The creditor can also seek other remedies like debt reduction that may work in your favor and contact you to discuss these matters.

If you decide to draft cease communications letters for your creditors, there is a particular format that you will need to follow. It is best to hire a bankruptcy attorney to help you with this, as it can oftentimes become a confusing and complicated process if you do it on your own. A bankruptcy attorney can also make sure that all cease communications letters are enforced and can bring it up with the court if a creditor does not listen to the laws. You may want to direct all creditor communications to your newly hired attorney. This way, your lawyer will be able to use legal language and his or her superior knowledge of the bankruptcy and debt processes to negotiate with the parties that are collecting.

If a creditor threatens to seize collateral, a bankruptcy attorney can effectively argue on your behalf and show why this isn't an ideal scenario. Your attorney may even be able to convince your creditors it is in their best interest to allow a debt reduction or work out a settlement with the creditor. There are times that the creditor may even be up to restructuring the debt payments, prolonging the payments, or making other exceptions after talking to an insistent and caring attorney.

If you decide to draft a cease communications letter, you will need to write the date on the top of the document and then specifically address your creditor by name. If you are going to make multiple documents, all of them will need to address the creditors by name. You will then need to list the address of the creditor or the company that you are indebted to. You will then want to list the account number if your debt is a bank account and will want to write the creditors name.

Start the letter with "to whom it may concern" and then request that the pursuant to the Fair Debt Collection Practices Act stop contact you regarding the account that is written above. You will then need to list the reasons that you are not able to make payments in detail, and list the following actions by collections agencies that are prohibited by law. You can then write that you will make a payment on the account when you are able to do so. End the letter by providing your name, and address. Talk to a local bankruptcy attorney today if you want more information about bankruptcy cases and cease communication letters.

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