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SOL/Cease and Desist Letter


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Posted by Pumphouse (64.90.17.161) on January 31, 2003 at 10:22:05:

I was hoping someone out there could tell me if this letter is that I am going to send RMA is alright. It actually is from another user and I hope he doesn't mind me using his draft. I have added to it a bit by adding a cease and desist paragraph to the SOL letter.

Is it too much? Also, there is a place to add certified mail number. Does the post office give that to me before I seal it up and send it (probably a dumb question).

The letter:

xxxxxxxx
Risk Management Alternatives, Inc.
PO Box 105038
Atlanta, GA 30348
xxx-xxx-xxxx
Certified Mail No.:_____________
Re; xxxxxxxx
Dear xxxxxxxxx Specialist:
Thank you for your recent inquiries. This is not a refusal to pay, but a notice that your claim is disputed.
Please be advised Under the State, in which I reside, South Carolina Statute; #15-3-530(1) such accounts have a 3-year limit for filing any action for judgment. The starting date of this statute of limitation being the later of the date of last activity or the date of first default. Your letter states a date owed on the subject account # 12313638-RMS005 with Lincoln Cascio is July 26, 1990. Any filing of such action by you, or your representatives or assigns, is therefore time-barred.
Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions.
807. False or misleading representations:
A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following conduct is a violation of these sections:
(2) The false representation of—{{4-30-97 p.6620}}
(A) the character, amount, or legal status of any debt; or
(3) The representation or implication that nonpayment of any debt will result in the arrest of imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(4) The threat to take any action that cannot legally be taken or that is not intended to be taken.
This notification to you is applicable legal statutes, codes and laws. Other Federal and State laws may apply.
Under the laws of my current resident State, South Carolina , Statues #15-3-530(1) continued collection activities, including reporting of accounts beyond their legal collection date, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.
You are hereby notified under provisions of Public Laws 95-109 and 99-361, also known as the FDCPA, that your services are no longer desired.
You and your organization must CEASE & DESIST all attempts to collect the above debt. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission and the South Carolina Attorney General's office. I will pursue all criminal and civil claims against you and your company.

Let this letter also serve as your warning that I may utilize telephone recording devices in order to document any telephone conversations that we may have in the future.
Furthermore, if any negative information is placed on my credit bureau reports by your agency after receipt of this notice, this will cause me to file suit against you and your organization, both personally and corporately, to seek any and all legal remedies available to me by law.
Please note that proof of your receipt of this notice may be used by me or my legal representative in further action.
Sincerely,

xxxxxxxxxxxxxxxxx




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