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A notice to cease and desist can it be written to the creditor or only to a collection agency?
Tinezarenas
A cease and desist can be written to a collection agency. However, some creditors adopted the FDCPA as their baseline for communication and ethical procedures.
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How can you make a collection agency stop calling you?
Remit a "cease and desist" letter to the agency via registered mail with receipt requested.
Does a cease and desist letter cover all accounts that the collection agency is handling?
You must list every account that is in default and collection action has begun. You may, however, do so within a single written notice.
Cease and desist letter to creditor?
Need a sample of a cease and desist letter to creditor stating I cannot pay bill right now.
Is it a good idea to send a drop dead letter to a collection agency?
I assume the reference is to a "cease and desist contact" letter. Some debt counselors believe that it will "trigger" a lawsuit, that is unlikely. If a creditor believes they can win a judgment, they will sue, regardless of how co-operative or obstinate a consumer's behavior.
Can a collection attorney collect if you sent them a letter to cease and desist and the original creditor sent you an agreement that you agreed to pay?
If you paid according to an agreement and can prove it, the attorney couldbe liable for damages to you for unfair debt collection ro fraud.
How do you stop an old creditor from refreshing or reselling a bad debt and thereby making it stay on your credit report beyond the legal seven-year limit?
You can issue a cease and desist letter to the respective creditor(s) informing them of your rights and if they continue to press the issue of obtaining information to collect a debt you can take action against that agency or law firm retained by the person trying to collect a debt. Go on sites like Google and type in CEASE and DESIST letters and you can cut and paste some to a word document and word it to your situation and send it to the creditor and trust me it works the calls and correspondence letters will stop altogether because you're informing them that you don't want to work with a collection agency or someone retained to pursuit collection of a debt. You're telling them that you will settle the debt when you are able to.
What should you do if you had a cc judgment against you for 6000 and you paid 3000 and three years later a new credit agency has you in court wanting 8000 and says you only paid 200?
No credit agency will sue you. I believe you mean collection agency. Send the collection people a Cease and Desist letter (google "fair credit act cease desist). Then get a free credit report (your right!!)(the score doesn't matter so don't pay to get it). Then dispute the debt w/ the credit bureaus (the dispute letter will be found w/ the Cease and desist letter).
Can a collection agency collect after 2 years?
Most likely yes. States have statute of limitations that determine the time a creditor/collector has to initiate a civil suit against the debtor. It is unlikely that two years would qualify as such in any state. However, the interested person can find out the SOL for debt for his or her state by doing a search of that state's consumer-creditor laws. In regards to usual methods of debt collection (mail, phone calls...) there is no time limit as such. The lender/collector can continue collection efforts as long as they abide by the FDCPA. The debtor has the option of rendering a "cease and desist" letter to stop collection methods, to the collector (not the original creditor) if they so choose.
How can you stop calls from a collection agency?
To stop calls from a collection agency, you need to write them a letter. In this letter, you should tell them to cease and desist further communication with you. Send the letter by registered mail so that you have proof you sent it. Also, when mailing the letter, ask for proof of delivery. The debt collection agency may only contact you once more to acknowledge the letter and to state what, if any further action they intend to take.
What happens if a creditor receives a cease and desist letter from a debtor?
Then the creditor must cease any attempt to collect the debt. It means the creditor is not allowed to call debtor, or send the bill to debtor's address or to make any further attempts. If the creditor still call the debtor, the debtor may complain and initiate a lawsuit. But usually the creditor will take the debt to court when a debtor serve him with cease and desist letter. It could be as soon as 3 months up to a year.
I did a volunteered Repo on a car and a collection agency is trying to collect difference of 5200?
And it is your responsibility to pay this. You should however contact the original loan holder and request in writing a complete statement of all charges and balances owed, with reconcilliation of all amounts paid or applied toward the original balance. Do it in writing, otherwise there is no obligation by the original creditor to provide this information. contactthe collection agency atthe same time, also in writing, and inform them that you are negotiating with their client, and that they should cease and desist all collection efforts. Remember, do it all in writing. Send the letters registered, return receipt so you have proof of service, and keep copies of everything.
How long can a creditor hound you for an unpaid debt?
There is no time period in which a creditor/collector must cease attempts at collecting a valid debt. All US states have statutes of limitations for debts owed. The SOL is the time alloted for the creditor to file suit against the debtor to collect monies owed. The expiration of the SOL is not always a guarantee of not having to pay a valid debt(s), certain circumstances are applicable. It is the legal right of the debtor to inform the creditor/collection agency that they do not wish to be contacted about the debt either by phone, email, postal service, etc. If the debtor wishes to take such action he or she should send a "cease and desist letter" to the creditor(s) requesting that collection attempts should be ended. The correspondence should be precise and sent via registered mail with a return receipt requested in case proof is needed of the action having been taken.
