does cease and desist letter transfer with payment?

Question

a LOOONNGG time ago I had a debt with a credit card. Its past the statute of limitations. I wrote the company a cease and desist letter when they had the credit card. They never called me. I never even got any calls from any collection agencies. However, now a laywer is trying to call me about this on my cell phone. I don't want to deal with them. They can't do anything. Do I have to write another cease and desist letter or are they violating the first one?

my cease and desist letter was fine. i worked for a credit card company and know the rules. i'm just wondering if it transfers.

and no, a person cannot legally collect a debt after a certain amount of years (varies by state), this is statute of limitations.

Answer 1

No a C&D does not transfer. If you had sent them a debt validation letter within the first 30 days that they contacted you, and they failed to validate, then the debt validation would transfer.

Send the lawyer and the new(?) collection agency a debt validation letter. Include in that letter that you requesting that they not call you at your place of business or at your home because it is "inconvenient" to you. That any correspondence from them must be through the USPS. (inconvenient is the FTC's recommended usage in this situation)

Then after 35 days from when they signed for the letter, if you have not received validation, or if you have received validation in that time period, send them a SOL letter, you can include a full C&D in the SOL letter

Send everything certified mail, return receipt.

You are basically having to start from square one. Put them under debt validation and then inform them that the SOL has passed.

Answer 2

A C&D letter is not a magical "shut up" card. And unless the letter was drafted by a lawyer or notarized it probably wasn't even a valid one at that. In any case, there is no such thing as a statute of limitations on a debt, if you haven't payed them off you still owe them money wether it was a day or a decade ago, and they have a right to collect payment.

The more you try to argue them, the quicker you'll be sued.
Consult a lawyer.

Answer 3

The so-called lawyer is not a real one, the credit card companys use this type of thing to scare you. A lawyer want call you, they will send you a certifide letter that you would have to sighn to get. Contact the Attn Generals office and report harassment by this company and let them handel it. Make sure you have the name of the person who is calling, the name of the card company, and have coppies of letters you send them. If they dont stop, You can file a Suit for haressment.

Answer 4

If they tried to collect the debt in any way, then your cease and desisit may not be valid. I suggest you consult with a lawyer for a legal opinion

Answer 5

Do you've an honestly contract with the clinical service for a charge plan or are you in straightforward words sending small money tothe clinical employer? there is not any longer this kind of ingredient as 'sturdy faith' money. The clinical employer does no longer might want to settle for besides the undeniable fact that small charge you provide. in the adventure that they don't settle for as authentic with your charge plan, that they had take those small money and in spite of the reality that turn you over to collections. commonly clinical vendors assign unpaid prices to series businesses after 3 months. some will settle for charge plans yet on condition that the invoice is paid interior 3 to 6 months. clinical vendors are honestly no longer set up to handle collections and installment money. you need to take care of the series company company. grant receipts for the money you made so it is deducted from the steadiness.