Re: limited cease and desist

Posted by axiom (67.113.246.205) on January 29, 2004 at 19:05:04:

In Reply to: limited cease and desist posted by Ron on January 29, 2004 at 12:31:22:

Don't lie! Just state the laws and facts regarding your account and situation. You do not need to sate any reason for them to stop calling you other than the law and regulations set forth for such issues. Everything in the letters I write for clients is completely legal and to the point. There is nothing red flagged about it. Don't type any mushy personal stuff in your letters as Why suggested. Keep it strictly business and professional like. Also, as I was stating, I reside in California, so if you don't reside in California, then you should edit that information. Pursuant to the 15th United States Code Section 1692(c), without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt as follows:

(1) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer's location;
(2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or
(3) at the consumer's place of employment if the debt collector knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication.
(b) communication with third parties

Now that's all this law is stating.
One more thing, how old is your debt? What state do you reside? What form of debt is this..credit card, federal loan, etc ? What was the last date of payment activity? If this is a new debt, and the calls just started, I would a little cautious about sending any letters to the collection agency; considering..no matter how small the outstanding debt is, if the SOL hasn't expired for them to sue you, they could still do so. If the SOL has expired, I would send it and have all calls cease. The SOL for in California; excluding federal loans, etc is 4 years.

Again, depending on the current status of your debt, you may be better off laying low until SOL has expired (that's also if you have no plans on paying off that debt).

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