• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

cease and desist

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Sa1bwd

Junior Member
What is my recouse for a company that does not abide by a cease and desist request. Not once by several times?What is the name of your state (only U.S. law)?

very frustarted
Sw UtahWhat is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
Sue the bad people.
However, you DO understand that a cease and desists carries no real weight of law, right? If it's violated, it's up to YOU to pursue the matter in court.
 

cyjeff

Senior Member
Well, the lawyer that prepared the cease and desist will be happy to help.

By the way, to build to the above, you cannot send someone a cease and desist just because you don't like some legal action they are performing.

For instance, if you sleep during the day and send all your neighbors a letter saying they cannot allow their children to play in the neighborhood during the day, they can and should properly ignore it.

You cannot CONTROL people doing legal things with a cease and desist.
 

Some Random Guy

Senior Member
First, read up on the Fair Debt Collection Practices Act (FDCPA). Then realize that they only have to follow the FDCPA if they are a third party (not the original creditor), that your request must be properly worded, that they can still sue you, and that you are limited in the amount of money that you can collect for their alleged violations.
 

Sa1bwd

Junior Member
The company's collection practice on 2 day past due account is out of control... They were calling 8-9 times a day sometimes more. And 90% of the time the payment was on the way but that wasn't good enough for them they continued to call even after conversations with them daily. So, I sent the cease and desist.
 

seniorjudge

Senior Member
The company's collection practice on 2 day past due account is out of control... They were calling 8-9 times a day sometimes more. And 90% of the time the payment was on the way but that wasn't good enough for them they continued to call even after conversations with them daily. So, I sent the cease and desist.
Were they the original lender?
 

Zigner

Senior Member, Non-Attorney
You would have to send a new letter every month. Wouldn't it just be easier to send the payment 3 days earlier? :rolleyes:
 

cyjeff

Senior Member
I hate to say it, but taking them to court for calling you about a late payment that you admit you made isn't going to fly very far in court.

What do you think the judge will do? Tell them to stop calling you when you are late?

Further, do you think the number and frequency of the calls has anything to do with the frequency of your late payments?
 

TigerD

Senior Member
If you are telling the OC to cease and desist collecting a past due balance, you are really messing with trouble. At one day past due, they could call your loan due.

It would be a lot easier to simply send the payment in on time.

DC
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top