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A simple question regarding a C&D letter.


ADAM09
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I am currently drafting a Cease and Desist letter to send to a CA for a debt that is past the SOL Should I mention in the letter that the debt is past the SOL and if they contact me or try to file a lawsuit I will sue them for FDCPA violations?

I figured it may be a good idea because it will show them that I have knbowledge of the laws and my rights.

Thanks in advance.

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If you want a fancy one or a snarky one, those can be provided to you. However, if all you want is to be left alone, all you need is this:

Dear Scumbag Collection Agency,

I am writing to notify you even if I did acknowledge this debt, which I do not, it would be beyond the Statute of Limitations. You will be unable to collect it and any further collection activities on your part will be a waste of time. Consequently, I am demanding that you Cease and Desist all communications with me as is required by the FDCPA. I will consider any further contact not explicitly allowed by law harassment.

Sincerely,

Me

You can even go more simple.

Dear Scumbags,

Cease and Desist all communications with me as is required by the FDCPA.

Sincerely,

Me

Whatever you send, send it CMRRR.

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If you want a fancy one or a snarky one, those can be provided to you. However, if all you want is to be left alone, all you need is this:

Dear Scumbag Collection Agency,

I am writing to notify you even if I did acknowledge this debt, which I do not, it would be beyond the Statute of Limitations. You will be unable to collect it and any further collection activities on your part will be a waste of time. Consequently, I am demanding that you Cease and Desist all communications with me as is required by the FDCPA. I will consider any further contact not explicitly allowed by law harassment.

Sincerely,

Me

You can even go more simple.

Dear Scumbags,

Cease and Desist all communications with me as is required by the FDCPA.

Sincerely,

Me

Whatever you send, send it CMRRR.

This one here is kind of snarky. I like it, thanks. :twisted:

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This one here is kind of snarky. I like it, thanks. :twisted:

Trust me, there is no snark in those. The first one makes it very difficult for them to say that you acknowledged the debt, which they might claim if you bring up SOL. You don't want them doing that.

The 2nd one is so simple that they can't claim that you've acknowledged anything other than the fact that they've contacted you.

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All depends on what you want out of it. If you want to be left alone, tell them basically to drop dead. The letters above work just fine.

If you search you will find some letters that try to solict a lawsuit for an out of statute debt. Personally, I'm trying to goad them into a lawsuit.

Getting sued on a debt that is 100% past the statute of limitations is a dream come true. Just be darn sure the debt is past the statute of limitations, not what you think or a website says is the statue of limitations.

The last thing you want is to goad them into a lawsuit, on a debt that is at five years, thinking the SOL is four, only to find out in court it is six years.

Telling the creditor you will sue them is like telling a cop, after you get a speeding ticket, I'll see you in court. It might happen, but the odds are slim to none your bluffing. It won't hurt on an out of statute debt, but in my opinion, will have zero effect on the creditors next move.

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Just for the record, a debt beyond the SOL is still collectable. If they sue, and go to court, and you show up, and the judge agrees, they don't win...but you do not have grounds for a counter suit.

You can C&D then, and if they do continue to contact you (other than once more) you do have grounds for an FDCPA suit...but even then, the debt is still collectable.

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Just for the record, a debt beyond the SOL is still collectable. If they sue, and go to court, and you show up, and the judge agrees, they don't win...but you do not have grounds for a counter suit.

You can C&D then, and if they do continue to contact you (other than once more) you do have grounds for an FDCPA suit...but even then, the debt is still collectable.

So after you C&D them they can contact you one last time?

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All depends on what you want out of it. If you want to be left alone, tell them basically to drop dead. The letters above work just fine.

If you search you will find some letters that try to solict a lawsuit for an out of statute debt. Personally, I'm trying to goad them into a lawsuit.

Getting sued on a debt that is 100% past the statute of limitations is a dream come true. Just be darn sure the debt is past the statute of limitations, not what you think or a website says is the statue of limitations.

The last thing you want is to goad them into a lawsuit, on a debt that is at five years, thinking the SOL is four, only to find out in court it is six years.

Telling the creditor you will sue them is like telling a cop, after you get a speeding ticket, I'll see you in court. It might happen, but the odds are slim to none your bluffing. It won't hurt on an out of statute debt, but in my opinion, will have zero effect on the creditors next move.

The debt is 5 years old and the SOL in PA is 4 years so I am confident it is past the SOL.

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So if you send a C&D letter they can call and say they are going to sue? What other action could they possibly take?

That they're dropping the matter. I'm sure that somebody could think up some other form of action that is legal, but I'm pretty sure that it would be one of those "So What?" things.

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Actually, in this case I would send teh following:

Gentlemen:

Concerning this claim:

FOAD.

What are you going to do next?"

Let them even THREATEN to sue on an OOS debt and you have a FDCPA claim. Why would you want to C&D them when you are in the driver's seat? Let them contact you - if they even threaten a lawsuit you have them. If they actually do it, you have them. There are so many ways to turn an OOS debt into a paycheck it makes no sense to tell the collector to C&D when they have so many ways to violate if they keep talking.

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Actually, in this case I would send teh following:

Gentlemen:

Concerning this claim:

FOAD.

What are you going to do next?"

Let them even THREATEN to sue on an OOS debt and you have a FDCPA claim. Why would you want to C&D them when you are in the driver's seat? Let them contact you - if they even threaten a lawsuit you have them. If they actually do it, you have them. There are so many ways to turn an OOS debt into a paycheck it makes no sense to tell the collector to C&D when they have so many ways to violate if they keep talking.

Honestly, I really do not want to bait them into a lawsuit as I really do not have the time to devote to that. I honestly just want them to go away and I figured if I mention the debt is out of the SOL they would be more inclined to do so.

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Actually you do not have to put anything pertaining to the fact it is past the SOL to collect, or any other reason you think you do not owe them, those are affirmative defenses in court and why would you tell them what defense you do have if they file?

A simple do not contact me any more about this debt is sufficient.

Dear CA

At this point I demand you cease and desist all further communications regarding the debt you are trying to collect from me.

State the account number and your name.

Respectfully

sign here

Name:

I am not an attorney. I am a law student. But this was covered in my consumer law classes.

You do not have to give them any reason as to why you do not want them to contact you, simply the fact that you do not want them to contact you will hold up in court.

Edited by BTO429
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Actually you do not have to put anything pertaining to the fact it is past the SOL to collect, or any other reason you think you do not owe them, those are affirmative defenses in court and why would you tell them what defense you do have if they file?

A simple do not contact me any more about this debt is sufficient.

Dear CA

At this point I demand you cease and desist all further communications regarding the debt you are trying to collect from me.

State the account number and your name.

Respectfully

sign here

Name:

I am not an attorney. I am a law student. But this was covered in my consumer law classes.

You do not have to give them any reason as to why you do not want them to contact you, simply the fact that you do not want them to contact you will hold up in court.

Thanks for the advice. I have read many of your posts and you are very knowledgable.

The reason I am contemplating putting the info regarding the SOL in the C&D letter at all is so maybe they would not bother suing at all as they would be made aware I know my rights and the law.

I have no interest in suing them, I just want them to disappera.

How uch work goes into suing a collection agency for FDCPA violations?

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Never admit anything to a collector. Your not doing yourself any legal favors. after I passed SOL, I thought the same thing, but after talking to some lawyers and bud hibbs I found out alot of the reason behind not doing so.

I would also dispute the debt, because otherwise you may find it ending up on your credit. If you dispute the debt and it ends up on your CR you have a easier time getting it off.

So I would add in their something like " I dispute this debt in its entirety."

this helps create a paper trail if they try to add it back to your credit report or something. Or if your not past the 7 years later if they try to re date the debt you have a a paper trail.

Anything mailed to you or you mail out you need keep copies and proof for life. I know people had debts from 15 years ago come back!!!

The one I use I got from bud, I don't think he wants it put out on web. Its similar to this one here I found on the web.

Debt collection initial dispute letter stops harassing calls!

If looking for simple though the I would use the one you have from BTO429 and just add in something simple that you dispute the debt. I am sure someone here better at wording things then me :p.

Edited by Chriss
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Never admit anything to a collector. Your not doing yourself any legal favors. after I passed SOL, I thought the same thing, but after talking to some lawyers and bud hibbs I found out alot of the reason behind not doing so.

I would also dispute the debt, because otherwise you may find it ending up on your credit. If you dispute the debt and it ends up on your CR you have a easier time getting it off.

So I would add in their something like " I dispute this debt in its entirety."

this helps create a paper trail if they try to add it back to your credit report or something. Or if your not past the 7 years later if they try to re date the debt you have a a paper trail.

Anything mailed to you or you mail out you need keep copies and proof for life. I know people had debts from 15 years ago come back!!!

The one I use I got from bud, I don't think he wants it put out on web. Its similar to this one here I found on the web.

Debt collection initial dispute letter stops harassing calls!

If looking for simple though the I would use the one you have from BTO429 and just add in something simple that you dispute the debt. I am sure someone here better at wording things then me :p.

I disputed this debt years ago. One CA validated, one did not. The one that did not still called and I got into it with one of their collectors. He says they did validate but I do not remember receiving anything. I know that it is a FDCPA violation but I just ignored them.

The one that did validate it did report to the CRA, I still disputed it and it was removed.

Anyway, I have never admitted anything to any CA and now that both debts are over the SOL I am just looking for them to diappear fo good.

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Just for the record, a debt beyond the SOL is still collectable. If they sue, and go to court, and you show up, and the judge agrees, they don't win...but you do not have grounds for a counter suit.

Why not? If their bogus lawsuit costs you money, why shouldn't you be able to collect on these costs, such as legal fees?

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