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Is cease and desist legal??


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Defendant wrote validation letter and cease an desist against Debt Collector, AFTER the complaint was answered. Before that there is no written cease and desist.

The the debt collector stated to defendant that they can not respond to anything because they are required by this demand from the defendant.

Keeping in mind that the written demand came AFTER the suit was filed...not before....Should I now remove it or is the debt collector attorney confused as to the viability of the cease and desist order that came from a DEFENDANT?

I notice they still have to put

THIS IS A COMMUNICATION FROM A DEBT COLLECTOR

on all documents.

Funny thing is when the cease and desist was signed by them it also included a validation demand. They sent some CC statements 17 days later. Yet two weeks after that they say they aren't allowed to discuss anything with me because of the cease and desist..

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I believe they must put that on all of their communication......if they have already filed a suit against you then you and they will have to communicate thru discovery and such, other than that I dont know how to answer your question, I am new to this stuff myself, but someone will answer your question that really knows the ins and outs of this situation ;)

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Thanks Whocares and Kittymamma!!

if they have already filed a suit against you then you and they will have to communicate through discovery and such.

Yeah thats what I thought I sent them no cease and desist letter before when they 1st contacted me. Yet now they seem to think they cannot converse about anything unless it is in a legal document.

I had already figured it was no good to stop them from filing a suit anyway(just as whocares1000 mentioned.. I just gave it to them mainly as a request for valid documentation that they had never sent before.

I think they wish to use this so they can bring it all on the first day of the hearing. I think they are under the impression that I wrote a cease and desist before then. Which I did not. I just called them up the first time and told them it was not a valid debt.and to go talk to last debt collector.

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Yeah BTO thats what I thought I wonder why they said they couldn't discuss anything?

ThanXS!

Edited by My~Cuz~n~Vinny~
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