A Cease and Desist Letter to Debt Collector is a critical legal instrument in Indonesia used when individuals or businesses face harassment or improper practices from debt collectors. This document becomes necessary when debt collection activities violate Indonesian consumer protection laws, particularly Law No. 8 of 1999, or exceed the boundaries set by OJK regulations. The letter serves as both a formal warning and a prerequisite to legal action, documenting specific instances of problematic behavior and demanding immediate cessation. It must reference relevant Indonesian legislation, detail the collector's actions, and clearly state the consequences of non-compliance. This document is particularly important in the Indonesian context, where debt collection practices are regulated but enforcement may require formal documentation of violations and demands to cease.
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1. Sender's Information: Full legal name, address, and contact information of the person sending the letter
2. Date and Recipient Details: Current date and complete details of the debt collection agency and/or specific collector, including business address
3. Re: Line: Clear subject line referencing the account number or debt in question
4. Debt Collector's Actions: Specific description of the debt collector's problematic behaviors, including dates, times, and nature of contact
5. Legal Rights Statement: Clear statement of rights under Indonesian law, specifically referencing relevant legislation
6. Cease and Desist Demand: Explicit demand to cease all communication except as required by law
7. Consequences: Statement of intended legal action if the demands are not met
8. Response Timeline: Specific deadline for the debt collector to respond or comply
9. Formal Closing: Professional closing with signature block
1. Dispute of Debt: Include when the underlying debt is disputed or believed to be in error
2. Previous Communication Reference: Include when there have been prior attempts to resolve the situation
3. Third Party Authorization: Include when the letter is being sent by a legal representative
4. Recording Documentation: Include when there are recordings or documentation of harassment or inappropriate conduct
5. Medical Impact Statement: Include when the debt collection practices have caused health issues or stress-related problems
1. Communication Log: Detailed log of all communications from the debt collector, including dates, times, and nature of contact
2. Evidence Documentation: Copies of relevant communications, recordings, or other evidence of harassment
3. Medical Documentation: If applicable, medical records or professional statements regarding health impacts
4. Proof of Debt Dispute: If applicable, documentation showing the debt is disputed or in error
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