Jump to content

CMRRR from CA


anti-something
 Share

Recommended Posts

You can never really figure exactly what a CA is up to. It would be in your best interst to take delivery of this letter before it is sent back. Remember, if the CA wants to sue you, they can take that letter to court and prove very easily that you are ignoring your obligations. Never give them an edge.

Link to comment
Share on other sites

I can see where you're coming from retmar, but not only is receiving mail completely voluntary, under the FDCPA, failure to respond to a CA may not be construed by any court as an admission of liability by the consumer. Section 809 ©.

Also, the OC would take you to court through an attorney, not their CA - and they don't tend to waste their time corresponding with you - they just up and serve you.

Link to comment
Share on other sites

i doubt it, i really dont think they are gonna sue me. they are waiting for me to sue them :)

for one they havent said they will, and i'm pretty sure you have to give an ITS around here to sue someone, i know i do, dont see why they wouldnt have to follow the same rules.

and come on, they AGREE with me that the charges are not in the contract. altho they DISAGREE that therefore i shouldnt pay the bill. what they have wont hold up in court. they are quite aware this one will be no simple default judgement.

Link to comment
Share on other sites

A CA/ATT/OC does not have to give you notice before filing suit. I'm sure you have read some threads where the poster said their first communication was a summons. As to a consumer giving notice before filing, this is necessary on the consumer's part so as to prove before the court that all avenues of attempts to resolve were approached as the courts pray the two parties can resolve without coming to court. You may ask why for the consumer, but, not for the CA/ATT/OC. The answer is that their normal course of operation includes written and oral communications to resolve the issue. All they have to do is say they did, whereas, the consumer must prove they did. Is it fair? Of course not, but, until the laws are changed, the consumer's hands are tied.

Link to comment
Share on other sites

One CA I was dealing with sent their package of validation documents to me CMRRR. The problem is that if you refuse it they can show bad-faith on your part to a judge. You may as well accept the package and then proceed based on what the documents are.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.