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Lawyers bound by requests given to CA?


bidasx
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I sent a letter to a CA for my account and explained to them (among other things) that all future contact with me must be in writing.

I also sent a letter to the lawyers representing the CA telling them that I DV'd the CA and to let me deal with them.

I got a response from the lawyers stating something to the effect of: the CA will just refer me to the lawyers and I need to resolve it with them. Since then i still have been receiving phone calls from the lawyer's office.

My question is, are the lawyers bound by my request to the CA to do all future contact in writing? Or would I have had to send it to the lawyers as well?

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Yes. No further notice should be needed.

If lawyers work for OC.....

Probably not, they would need notice too. The good news is, lawyers working for OC are treated as debt collectors under FDCPA if its a consumer debt.

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One thing you do have to understand:

A partial C&D(such as all contact to be in writing) is just like being sort of pregant. You must issue a full C&D as allowed in the FDCPA or hope that the CA's/Attorney abide by your wishes. You have no recourse if the CA's/Attorney chooses to ignore your partial C&D.

The exception to the above rule is contact at your place of employment or if you work midnites. Then you can claim inconvenience, otherwise they can call if they so wish.

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It was all in a DV request for the CA... This is the paragraph that stated it...

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

So the lawyers the CA hired do not have to follow this request? They continued calling but I have nothing against them?

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  • 3 weeks later...
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