I had a debt go to a collection agency and I sent them a cease and desist letter because I had already paid the OC. It was the full cease and desist letter. I sent it CRRR last friday and I got my green card back on Monday. Well today I get a notice in the mail that I have restricted delivery certified mail from them. I don't sign for mail so I did not pick it up. My question is, how can they send me something when they got a cease and desist letter a week ago? I know they can send something saying their efforts are being terminated or to notify me they are invoking special remidies but I am almost positive this is a letter from them saying they have already filed suit. Wouldn't this still be considered a collection effort? I have proof that the account was paid. I have a copy of the cashed money order and the CRRR. Would this be a violation? So can they still pursue this if I can prove the debt's been paid and after I have served them a cease and desist letter? Also can they place any info on my credit report? Thanks.
did you pay the OC before it went to collection or after? did your C&D inform the CA that you already paid the OC? what's the date stamped on the green card? can you find out the postmark on the letter you havent picked up? if the dates prove they sent it after they got your C&D, depending on what's inside, you could have a very valuable piece of mail waiting for you. the curiosity would kill me. I'd go get it. (unless its been returned to sender already.) I think that's still up for debate around here. I doubt they'd send a delivery restricted letter just to tell you they're not going to contact you anymore. Its either a letter telling you that they can sue you now that you've C&Dd them, or they're trying to serve you. Don't worry tho! I mean, look at the facts...you've listed them here yourself: sounds to me like you have nothing to worry about. get the letter and go from there. (well, thats what i'd do anyway.)
legally they are able to contact you one final time to tell you the final disposition of the account. Here is the relevant section from the FDCPA (c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- (1) to advise the consumer that the debt collector's further efforts are being terminated; (2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or (3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Hope that helps! Go get the letter and see if it fits into any of these categories. If it doesn't, THEN you might have a violation.
It is a letter saying they are suing me for the amount due. It is dated after they received my C&D letter. It is an actual lawsuit not just a letter stating that they are going to sue. So they sent this after the got the letter from me. How can you sue for a debt that's been paid and you have proof it was paid. Is this a violation?
No, they don't have a legal ground for this. Let them sue you though. They are starting to dig themselves into a prety deep hole. Here is one thing you might do. Contact the original creditor. Let him know that you are being sued by a CA for a debt which was already paid. Let him know that the day you are served papers you will file a lawsuit against them for extortion, racketeering, and all violations that the CA may have undertaken on thier behalf. Let them proceed. All you have to do is give the CA enough rope to hang themselves.
