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LIMITED Cease and Desist notice???


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LIMITED Cease and Desist notice???

I am judgement proof and hoping to receive a settlement offer from JDB at some distant point in time. Thus, I don’t want to stop written correspondence, just the phone calls.

But, I’m uncertain as to the legality of sending a LIMITED notice to my JDB-CA. Is it binding???

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LIMITED Cease and Desist notice???

I am judgement proof and hoping to receive a settlement offer from JDB at some distant point in time. Thus, I don’t want to stop written correspondence, just the phone calls.

But, I’m uncertain as to the legality of sending a LIMITED notice to my JDB-CA. Is it binding???

Have you made the JDB aware that you are judgement proof and cited your state and federal laws which support your itemized claim( source of income, assets which are protected, etc ? If not, I suggest that you consult with an attorney and have them prepare a document, notarized by him/her which shows that you are judgement proof in accordance with California code( insert here) and send it to the JDB cmrr. Make a few copies of the doc, and immediately file one with the court clerk if you are ever sued. Also, you will need to send one with to the attorney who is filing suit. Now on the doc, you should also include the statement at the bottom:

"I ( your name) hereby certify that I have sent a copy of this document to the Plaintiff's Attorney( insert his/her name and address) who is representing ( name of Plaintiff) in this cause of action( xyz company vs you) in case number( on the summons) sent by Certified mail Return Receipt Requested, article number ( on green card) on this date( insert date). This will serve as my authenticated Certificate of Service. Proof of receipt of this document as noted by signature and date received,on the return Green Card will be submitted or has been submitted to the court clerk in my state of California, county of ( your county).

Now you will need to sign any certificate of service and have it witnessed by a Notary( if an attorney prepares your doc, he/she can do this for you.)

Note: always check your state's RCP and determine if there is any required formal way or language which must be used when filing a certificate of service.

IMPORTANT POINT TO REMEMBER !! You only have a limited time to file this with the clerk and submit to the Plaintiff's attorney AFTER suit is filed. Check your state law in this regard....COULD BE AS FEW AS 5-10 DAYS.

But take heart, if you have made the JDB or OC that you are JUDGMENT PROOF, before suit, the chances of a lawsuit are greatly diminished !

Edited by Noway
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LIMITED Cease and Desist notice???

I am judgement proof and hoping to receive a settlement offer from JDB at some distant point in time. Thus, I don’t want to stop written correspondence, just the phone calls.

But, I’m uncertain as to the legality of sending a LIMITED notice to my JDB-CA. Is it binding???

The tactic used by many to limit the C&D is to state "All phone calls are inconvenient". The language mirrors the FDCPA language.

As far as judgement proof, is this a permanent situation, or a temporary one? Retired and on SS could be permanent. On unemployment could be temporary. Judgement proof letters, usually have a limited effect, because if they get a judgement against you, they have anywhere from 8 to 20 years to perfect the judgement depending on your jurisdiction, which is usually longer than the pre-suit SOL.

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We were discussing this the other day. There is no limited C & D. You either ask for a full C & D or no C & D at all. The FDCPA does not cover limited cease and desists. You have to do the full montey or you get no protection and no violation.. Of course you also run the risk of the C&D making them file law suit against you. It's something to take into consideration before making your decision.

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We were discussing this the other day. There is no limited C & D. You either ask for a full C & D or no C & D at all. The FDCPA does not cover limited cease and desists. You have to do the full montey or you get no protection and no violation.. Of course you also run the risk of the C&D making them file law suit against you. It's something to take into consideration before making your decision.

I missed the discussion, could you provide a link?

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© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

There is nothing in the FDCPA that says if you tell them not to communicate with you through phone calls but mail they have to listen to your request to not call and communicate through mail only.

I even thought the same as you until I saw a couple guys here talking about it and I actually took the time to read this closely and I even googled it and read some more thoughts on it at other sites.

"One supposed loophole to the "cease all contact" provision of the Fair Debt Collection Practices Act is the partial Cease and Desist letter. The partial Cease and Desist letter directs collection agencies to stop contacting you by telephone only. You're still leaving them the right to send you all the letters they please (time to invest in a paper shredder, perhaps?). The theory here is that, since the company still has a collection method at its disposal, your Cease and Desist letter won't trigger a lawsuit.

Unfortunately, the FDCPA only recognizes one type of Cease and Desist – the full cease communication order. Thus, if you have a collection agency that follows the letter of the law to a T (sure, it exists...its headed by the Easter Bunny and staffed with gnomes), the company will acknowledge your partial Cease and Desist as a full Cease and Desist and stop all contact – placing you at the same risk of a lawsuit you would have incurred by sending the full cease communication order."

NOW with all that being said there may be a way to make a partial C&D letter work after all.

805 © (1) A debt collector may not communicate with a consumer in connection with the collection of any debt at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer.

So it appears that writing them the partial C&D letter and explaining why it's "Inconveinant" for them to call you may actually get your partial C&D letter recognized and it's definitely arguable.

However, there is a really really good chance they'll take it as a full Cease and Desist and sue you. It's something to think about.

Edited by Hal Jordan
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Thanks to all who entered the discussion. I posted because I thought I might have run across other posts here that suggested there is no such thing as a LIMITED C&D. So now, as I understand, the CAs just treat the LIMITED as if it were a FULL C&D.

So........... including a LIMITED C&D within my DV request seems to explain why all 5 of my OCs, CAs, JDBs have not called or written me.

I think next time, I will use the "inconvenient" language along with a warning that I record all incoming calls to my cell phone. (that's the only number the 5 have.) That may cut down on the number of calls.....LOL

... anyway, why not try?

Retired, Soc. Sec., no home in my name, one car worth $4,000 minus 2,725 (CA. Exemption), $2,500 in collectable jewelry and 1,100 cash.

IMO, Very close to judgement proof. And I don't care about my credit rating.

Thanks again! This is such a nice site.

Edited by CALIF Dreamer
TYPOs
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Thanks to all who entered the discussion. I posted because I thought I might have run across other posts here that suggested there is no such thing as a LIMITED C&D. So now, as I understand, the CAs just treat the LIMITED as if it were a FULL C&D.

So........... including a LIMITED C&D within my DV request seems to explain why all 5 of my OCs, CAs, JDBs have not called or written me.

I think next time, I will use the "inconvenient" language along with a warning that I record all incoming calls to my cell phone. (that's the only number the 5 have.) That may cut down on the number of calls.....LOL

... anyway, why not try?

Retired, Soc. Sec., no home in my name, one car worth $7,000 minus 2,725 (CA. Exemption), $250,000 in collectable jewelry and a good stash of cash.

IMO, Very close to judgement proof. And I don't care about my credit rating.

Thanks again! This is such a nice site.

Since you mentioned your cell phone, if you inform them that they cannot call your cell, and they call using an autodialer or leave a recorded message, that's a TCPA violation.

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Thanks BV80. but wouldn't that still amount to a LIMITED C&D and thus, defeat my purpose. I'm hoping for a settlement letter in the mail, someday.

IMO.. a violation of Cell phone laws - (and the extra fines) - would only come into play if the CA calls my cell; after receiving my DV request, but prior to responding to my request.

Any and all thoughts greatly appreciated.

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Guest usctrojanalum

Retired, Soc. Sec., no home in my name, one car worth $7,000 minus 2,725 (CA. Exemption), $250,000 in collectable jewelry and a good stash of cash.

IMO, Very close to judgement proof. And I don't care about my credit rating.

You have 250k in jewelry and cash and believe you are very close to judgment proof???

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