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Re: I need help fast!! Simm Assoc.


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Posted by jm10101 (198.80.153.10) on February 20, 2003 at 17:48:46:

In Reply to: I need help fast!! Simm Assoc. posted by patti on February 20, 2003 at 16:55:13:

A validation / cease and desist / dispute letter?

How did that work?

"I dispute this debt and demand that you prove I owe it to you. By the way, you are forbidden to contact me."

Disputing the debt bars further collection activities unitl the debt is validated:

If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

C&D within the SOL isn't a good idea and may increase your odds of being sued.

from the FDCPA:

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.

Personally, If I was within the SOL, I'd call the guy back, but maybe call from a payphone or *67 him... They may not want to write a letter if you've sent a C&D.



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