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After a cease & desist letter now what

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melrorer

Member
What is the name of your state? previous Calif

I sent a cease & desist letter on a debt that the last activity was in 1992. What happens after this? Will the collection agency terminate their efforts or will they still try to collect?

Thanks,
Melinda:eek:
 


bigun

Senior Member
If they try and collect you can sue them in small claims court for FDCPA violations. Also, read up on Ca.'s FDCPA. I understand it is much stronger that the Federal law. Make sure you get copies of your credit report and see if they've tried to re-age.
 

bbuttercupp

Junior Member
cese and desist sent 1-2007, recieving calls now

Hi ,

I'm in Arizona. I sent a law firm a cease and sisit in January 2007. I am receiveing creditor calls now over the past 3 weeks.
What actions can i take legally?
 

TigerD

Senior Member
Hi ,

I'm in Arizona. I sent a law firm a cease and sisit in January 2007. I am receiveing creditor calls now over the past 3 weeks.
What actions can i take legally?
Start your own thread and send another letter to the new collectors. There are more than 5,000 CA's in the US. You might want to get that letter printed at the copy shop.

DC
 

boswd

Member
He's absolutley right about getting copies made. You have to remember there is no SOL on trying to collect or there is no violation of them reselling your account. In reality the debt still exisist and if you send a cease and desist to one Collection AGency using the time barred defense, their is nothing prohibiting them from selling it to another collection Agency and they have the right to pursue the debt.

This is the one drawback about debts that are beyond the SOL. you have to
1. You may always have to keep going through the same process of letting each Collection Agency know the debt is time barred, who knows how many times the debt will be sold.

2. You have to always be aware that one of them might try to sneak a default judgment on you, so you have to stay on top of your mail and always answer any summons.

3. You have to keep an eagle eye on your credit report to make sure they are not reporting if it has been beyond the 7.5 reporting limits and also to make sure they are not reagaing, which is illegal and you could acutally get some monetary judgment in your favor.
 

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