Cease and Desist (Collection)
This Cease and Desist (Collection) letter is a variation of a formal letter sent to debt collectors to formally request they stop contacting a debtor (the person or enterprise who owes money).
4.0 (3 reviews)
Last updated December 20, 2024
Under 5 minutes
Suitable for Australia
Written by
Edwin Montoya Zorrilla
Reviewed by
Damin Murdock
Document Overview
This is a variation of a Cease and Desist letter designed to be sent to debt collectors to formally request they stop contacting a debtor (a person or enterprise who owes money). Australian Consumer Law outlines that a debt collector is not allowed to act unconscionably towards a debtor, including harass, deceive or contact them outside of reasonable hours.
Debt collectors are required to stop communicating with debtors once a Cease and Desist letter has been issued, with the exception of notifying the debtor about legal further actions that will be taken.
The Legal Risk Score of a Cease and Desist (Collection) Template
Our legal team have marked this document as low risk considering:
- Nothing in this document is legally binding.
- It can be one of multiple strategies used against the offending party.
- The document claims severe emotional and physical distress without providing evidence, which might weaken the credibility of the complaint if challenged legally.
Cease and Desist (Collection) Checklist
Complete your free Cease and Desist (Collection) with our checklist
Have this Document Signed by a Lawyer
While having a lawyer's signature and brand on the document is not necessary, it can give it added authority.
Send the Letter Promptly
Ensure the cease and desist letter is sent immediately after completion to avoid delays and to ensure the recipient is aware of your demands as soon as possible.
Keep Records
Maintain a copy of the letter and any related communication, as well as proof of mailing and delivery, to use as evidence in case legal action becomes necessary.
Follow Up
If there is no response or change in behavior from the recipient within the specified timeframe, consider following up with a reminder or consulting a lawyer to discuss further legal action.
Use this Cease and Desist (Collection) if:
- You have a debt from loans, credit cards, mortgages etc and are receiving unreasonable contact from debt collectors
- You are being harassed for owing a debt from debt collectors that you may or may not have
What does the Cease and Desist (Collection) cover?
- An outline of a certain conduct regarding debt collection and a request to stop
- A warning about the potential violations of Australian Consumer Law by the debt collector
- A caution about the potential legal consequences for continuing such activities
Other names for Cease and Desist (Collection) include:
- Letter of Complaint About Debtor Harassment
- Debt Collection Complaint Letter
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