How to Write an FDCPA Demand Letter (Free Templates Included)

Debt collectors must follow strict rules when pursuing debts. When they don’t, you have powerful tools to stop their harassment. A Fair Debt Collection Practices Act demand letter can end unwanted contact immediately.

You have legal rights that protect you from abusive collection tactics. Understanding these rights helps you fight back effectively.

Understanding the Fair Debt Collection Practices Act

The FDCPA is federal law that shields you from abusive debt collection practices. Collectors know these laws exist. Many hope you don’t.

Sending a demand letter forces collectors to stop contacting you immediately. They can still pursue the debt through legal channels. If the debt is valid and within the statute of limitations, they may sue you.

Common FDCPA Violations You Should Know

Collectors break the law more often than you might think. FDCPA violations include:

• Demanding more than you actually owe
• Failing to identify themselves as debt collectors
• Adding illegal fees or interest charges
• Calling you repeatedly throughout the day
• Contacting you before 8 AM or after 9 PM
• Using threatening or abusive language
• Calling your workplace when prohibited
• Contacting you at inconvenient times

Document every violation. Each one strengthens your legal position and may result in damages.

When to Send an FDCPA Demand Letter

Several situations warrant sending a demand letter to debt collectors:

• A collector is pursuing a debt you don’t owe
• The statute of limitations has expired on your debt
• The collector cannot verify the debt after your validation request
• You prefer to handle debt matters in court rather than collections
• The collector is violating FDCPA protections

A demand letter forces collectors to either prove their case or stop contact. You control how they interact with you going forward.

Two Types of FDCPA Demand Letters

You can choose between two main approaches. Each serves different strategic purposes.

Cease and Desist Letter

A cease and desist letter disputes the debt while demanding validation. You’re asking for proof while stopping all communication. Collectors must verify the debt or stop pursuing it.

Refusal to Pay Letter

A refusal to pay letter states you will not pay the debt. You’re not asking for validation. You’re simply refusing payment and demanding they stop contact.

Choose the cease and desist approach if you want debt validation. Choose refusal to pay if you’re certain the debt is invalid.

How to Write Your FDCPA Demand Letter

Step 1: Gather Required Information

You need two critical pieces of information before writing your letter:

1. The debt collector’s business name and physical address
2. Account numbers from their collection notices

Search online if you can’t find the collector’s address. Never include account numbers they haven’t already provided. Doing so could accidentally acknowledge the debt.

Step 2: Use a Professional Template

Templates save time and prevent costly mistakes. Keep your language formal and clear. Avoid admitting liability or acknowledging the debt.

Cease and Desist Letter Template

Your cease and desist letter should include these elements at the top:

• Your full name
• Your complete address
• Your city, state, and ZIP code
• Today’s date
• Collection agency’s name
• Collection agency’s address
• Collection agency’s city, state, and ZIP code

“Re: Account #XXXXX

To Whom It May Concern:

Under the Federal Fair Debt Collection Practices Act (FDCPA), you must cease all communication regarding the debt referenced above.

Do not contact me or any third parties associated with me.

I formally dispute the validity of this debt. Provide documentation proving I am responsible for this debt and owe this specific amount.

Send me copies of the original account application. Include any signatures, bills, or related documentation.

Any adverse information placed on my credit reports will result in appropriate action under the Federal Fair Credit Reporting Act (FCRA).

Sincerely,

Your Name”

Refusal to Pay Letter Template

Your refusal to pay letter includes the same header information:

• Your full name
• Your complete address
• Your city, state, and ZIP code
• Today’s date
• Collection agency’s name
• Collection agency’s address
• Collection agency’s city, state, and ZIP code

“Re: Account #XXXXX

To Whom It May Concern:

Under the Federal Fair Debt Collection Practices Act (FDCPA), I refuse to pay this debt. Discontinue all communications with me immediately. I will not pay any money toward this debt.

Sincerely,

Your Name”

Step 3: Send Your Letter Properly

Send your demand letter via certified mail with return receipt requested. The extra cost is worth the proof of delivery.

Keep copies of everything. Document the date you mailed the letter. Save the return receipt when it arrives.

Step 4: Prepare for Next Steps

After sending your letter, collectors must stop all contact. They can only reach out to confirm receipt or notify you of specific actions.

If the debt is past the statute of limitations, the matter typically ends here. If the debt is valid, collectors may file a lawsuit instead.

When you receive court papers, our partner Solo can help you respond quickly and correctly. Acting fast protects your rights and improves your case outcome.

What Happens After You Send Your Demand Letter

Collectors have limited options once they receive your FDCPA demand letter. They must stop calling and sending letters immediately.

They can still pursue the debt through legal action. If they sue, you’ll receive a court summons. You must respond within the deadline listed on the summons.

Ignoring a lawsuit leads to automatic judgment against you. Collectors can then garnish wages or freeze bank accounts. Always respond to court papers even if you sent a demand letter.

Protecting Yourself From Future Violations

Keep detailed records of all collector interactions. Note dates, times, and conversation content. Save voicemails and keep letters they send.

Report FDCPA violations to the Consumer Financial Protection Bureau. File complaints with your state attorney general’s office. Consider consulting an attorney if violations are severe.

You may be entitled to damages of up to $1,000 per violation. Collectors may also owe attorney fees if you win your case.