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How can you establish that you gave a JDB notice to Cease Communicaions?

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I have a situation where I sent 3 CC notices to a JDB via their attorney and the JDB did cease communications with me for a year or so. Now they are dunning me again.

My guess is that they had the CC on file but lost it in the shuffle...or some inept cubicle worker spilled coffee on it and threw it in the "round file"...but they don't have it or I don't believe they would be calling.

I want to sue because sending the JDB another CC would only cause the JDB to stop dunning me for a little while then they would start up again. You know, the typical, "Just pay the debt and we'll quit harassing you." Or, "One of these days your kids will see the debt collection letter or hear the debt collection phone call and know you're a deadbeat."

The delivery and receipt of CC is at issue here. Right, you get out the green card with their signature representing that they received the envelope with the CC in it.

What if the JDB says, "Well, yes, it looks as if we did sign for something but it wasn't a CC because it would be in our file. There isn't one in our file so were allowed to contact you about the debt.

One of my thoughts is to ask them to match the envelope/green card up with a corresponding letter. If they can't then it makes them look like they don't have their house in order, but it still doesn't prove that I sent a CC.

Or, is it enough for a preponderance of evidence that I have the green cards with their signatures and they can't explain what, exactly, they signed for?

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Has anyone had any experiences with a any collector denying that they received a notice of Cease Communications?

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Yep, I have three green cards from three cmrrr's where I sent both the JDB and the JDB's attorney a Cease Communications. I sent three because the attorney kept contacting me about the debt as if I never sent the previous Cease Communications.

So that's what it comes down to then? If I have the green cards signed by their attorney, I claim that a CC was in each one of those envelopes, and I exhibit the three CC letters, that's enough? Or more precisely, it's all that I can do?

I'm not so sure that's enough for preponderance of evidence to establish a claim but it would be enough to shift the burden of proof to the JDB. If they can't show the court what their attorney did sign for then it would give more weight to presumption of delivery.

Anyone have a more viable argument for this situation or is this as good as it gets?

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Yep, I have three green cards from three cmrrr's where I sent both the JDB and the JDB's attorney a Cease Communications. I sent three because the attorney kept contacting me about the debt as if I never sent the previous Cease Communications.

So that's what it comes down to then? If I have the green cards signed by their attorney, I claim that a CC was in each one of those envelopes, and I exhibit the three CC letters, that's enough? Or more precisely, it's all that I can do?

I'm not so sure that's enough for preponderance of evidence to establish a claim but it would be enough to shift the burden of proof to the JDB. If they can't show the court what their attorney did sign for then it would give more weight to presumption of delivery.

Anyone have a more viable argument for this situation or is this as good as it gets?

If your Complaint includes a signed affidavit that you sent a CC letter, that affidavit along with the green cards would be a big help.

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Yep, I have three green cards from three cmrrr's where I sent both the JDB and the JDB's attorney a Cease Communications. I sent three because the attorney kept contacting me about the debt as if I never sent the previous Cease Communications.

So that's what it comes down to then? If I have the green cards signed by their attorney, I claim that a CC was in each one of those envelopes, and I exhibit the three CC letters, that's enough? Or more precisely, it's all that I can do?

I'm not so sure that's enough for preponderance of evidence to establish a claim but it would be enough to shift the burden of proof to the JDB. If they can't show the court what their attorney did sign for then it would give more weight to presumption of delivery.

Anyone have a more viable argument for this situation or is this as good as it gets?

Yeah unfortunately I think you've done the best you can do. Unless you sent things certified mail online you really can't proof what was in the envelope.

You might be able to write up a sworn statement/affidavit that further drives home the point you SWEAR you sent a cease and desist letter but I think that is as good as you can do.

Do you have anyone who witnessed you put the CC letters in the envelope and seal them? That might help even more.

I've been taking photos/video of CMRRR I send out in an effort to help fight these idiots saying "we never got it".

I think you are shifting the burden back to them to prove what they received all three times wasn't a CC letter....but that's just my lay opinion. If that's true then wouldn't the court would have to presume what you are saying to be true?

You have the green cards, you have copies of the letters, you have your testimony. How are they going to prove you DIDN'T send a CC letter all three times if they have absolutely nothing to show. I think any judge is going to have a hard time believing they lost 3 different mailings.

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If your Complaint includes a signed affidavit that you sent a CC letter, that affidavit along with the green cards would be a big help.

exactly.

plus:

What if the JDB says, "Well, yes, it looks as if we did sign for something but it wasn't a CC because it would be in our file. There isn't one in our file so were allowed to contact you about the debt.

ask them to produce what they allege you sent them. most likely they wont be able to and thus what you are saying is correct based on their inability to produce.

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Okay, thanks.

I'll be looking at FTC opinion letters, case law, etc. while I'm formulating my ITS letter. I'll post anything worthwhile, if I find anything at all. I found one case thus far and it dealt with "Specified Remedies", not with presumption of delivery.

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