I have been reading here for a couple months and I have found some really good stuff. I just had a question about collection agencies and a cease and desist letter. I had a return check go to a collection agency about 8 months ago, I sent them a cease and desist letter and just paid the place I wrote the check to. It was taken care of and the CA showed that the check was paid. I just recently had another check go back to the same CA. Does the cease and desist letter I sent for the previous check prevent them from contacting me about the new check or do they still have to send me a letter about it with that mini miranda thing on it?
I believe that you will have to send one for each collection. BUT--be careful sending a cease and desist. When you do that, you are telling them that the only way they can contact you is to sue you. A cease and desist will not stop a suit. What you should do is send them a validation letter, with a PARTIAL cease and desist. That is to communicate only in writing, that you will accept no phone calls. A cease and desist does not invalidate their right to collect, it just means "See you in court."
But have you read and studied all of this ? *****NEW MEMBER MUST READS***** 12-25-3 What is Validation http://consumers.creditnet.com/stra....php?s=&threadid=42188&highlight= validation *** Victims of Credit Reporting *** http://members.aol.com/victcrdrpt/Score.html Rule of 72 http://consumers.creditnet.com/stra...=&threadid=39313&highlight=rule+AND+of+AND+72 Must SEE--------------------------- http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=350770#post350770 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=314910#post314910 http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=352826#post352826 """""""""""""""""""""""""""""""""" FixYourOwnCredit! http://consumers.creditnet.com/stra...848&highlight=fix+AND+your+AND+own+AND+credit """"""""""""""""""""""""""""""""""""""""""" '''''''''' `````````` '''''''''' Sample letters http://consumers.creditnet.com/straighttalk/board/index.php?s=WhyChats statute of limitations http://community-2.webtv.net/Y-chat...ity-2.webtv.net/Y-chat/WhyChatsCredit/statute of limitations http://www.edebtnetwork.com/content/collection_laws.asp""""```--~~~~~~~~~--```'""''' THE END ** *** ** LB 59""""```--~~~~~~~~~--```'""'''
Re: Re: CA and cease and desist letter. Yes I have read this!!! That is why the first sentance for this said "I have been reading on this site for a couple of months". It doesn't specifically answer my question though.
Re: Re: CA and cease and desist letter. Why did you use a C&D Letter? Did you think it would void the debt?
Re: Re: Re: CA and cease and desist letter. No, I am aware that it doesn't void the debt. I used it becuase they were calling my work quite a bit. Let me simplify my question in hopes of getting an answer. If a collection agency has a cease and desist letter on file for someone from a previous debt, and the CA receives a new debt for that person, are they still required to send out the initial notice with the mini miranda on it. Thanks!
Re: Re: Re: Re: CA and cease and desist letter. Absolutely. And not the "mini miranda", but the full rights notification, the full miranda if you will. And as HW pointed out, you'll need a new C&D. PARTIAL.
Re: Re: Re: Re: Re: CA and cease and desist letter. So a C&D letter is only good on the debt that you sent it for? They are still required by law to send me a notice with my rights on it about the new debt? I am confused now between Butch's reply and lbrown59's reply. Do they or don't they have to notify you of the debt????
Re: Re: Re: Re: Re: CA and cease and desist letter. I am almost positive it was full. I sent it before I had found this site. (I know, I know, stupid stupid stupid!!)
Re: Re: Re: Re: Re: Re: CA and cease and desist letter. They don't have to notify you of a debt. But if they do notify you the letter has to contain the MM.
Re: Re: Re: Re: Re: Re: CA and cease and desist letter. So they can just put whatever they want on your credit report about a debt and never even notify you that you have a debt with them???? Wow you would think they would have to send something. That sucks.
Re: Re: Re: Re: Re: Re: CA and ceas As Butch and I both told you, the cease and desist is only for the debt for which you sent it. Yes, they can put things on your credit report and not notify you. That's one reason you need to keep checking your reports. When you see it, send them a validation letter stating that you found it on your report, don't know anything about it, and want validation. Just minor changes to the normal letter. Each debt stands on its own, and you'll need to validate and PARTIAL C&D each one.
Re: Re: Re: Re: Re: Re: Re: CA and cease and desist letter. Sure it does just about anything they do does.
Re: Re: Re: Re: Re: Re: CA and cease and desist letter. When a CA receives a debt they need NOT notify you as long as they don't "DO" anything. Upon the "initial" communication (whether directly OR indirectly) they have 5 bus. days to notify you of your rights. And YES - reporting to a CRA IS a communication, (albeit indirect). You HAVE been communicated with on this debt. See? Also - if the CA gets another debt later you should also do a "PARTIAL" C&D on that one too. .
Re: Re: Re: Re: Re: Re: Re: CA and cease and desist letter. So is reporting it on my credit report considered notification of my rights? I pull my report everyday and nothing has ever shown up.
Re: Re: Re: Re: Re: Re: Re: Re: CA and cease and desist letter. NOOOO! Your rights are sent to you in letter form, (usually) and outline the 5 components of your right to argue the debts validity. "Unless you notify this office, in writing, within 30, ... we will assume the debt to be valid, balh, blah, blah". Or something similar. Have you studied the FDCPA? http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm ???
Re: Re: Re: Re: Re: Re: Re: Re: Re: CA and cease and desist letter. Yes, I have read what it says and also a book called Back Off by Benjamin Dover. It is kinda hard to understand, they can't just write it in english so it's easy to understand, you almost have to have a law degree to understand some of it. The book I read made it seem like once you send a C&D that the CA can't collect on the debt and only the OC can sue you. So if they don't send me any notification of the debt, they are in violation of the FDCPA? Does the FDCPA really consider reporting on my credit report as a form of communication? Thanks!!!
Re: Re: Re: Re: Re: Re: Re: Re: Re: Re: CA and cease and desist letter. 1*Not so.Either the book doesn't know what it's talking about or you didn't understand what you read. 2*They don't have to notify you of a debt.
