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C & D

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goaded

Member
I have seen in several sample DV / VOD letters what many call a limited Cease and Desist. I also recall seeing on a few other forums that legally there is no such thing as a partial CD ...

What is the truth behind C&D? Is a Limited C&D legally binding? IE you must contact me by mail only.
 


Debt Guy

Senior Member
The Fair Debt Collection Practices Act does not provide for a limited Cease & Desist. The FDCPA provides for a "cease & desist" and defines C&D as no additional contact except for 3 defined reasons.

The idea of a limited C&D -- write me only -- is an urban myth. It is one of those things that people would like to be real.

Most creditors treat a limited C&D as a full C&D.

Mostly, creditors (especially collection agencies) do not write letters except for form letters -- it is just too slow and too expensive.

A cease and desist has a certain risk. You are effectively telling the creditor to sue me or shut up. Given those choices, you are encouraging the creditor to sue.

There are many who will disagree with everything I just said. I have never seen anyone cite the basis of authority for a limited cease and desist.
 

goaded

Member
I agree with your statements 100% ... I havent seen evidence to support that a L.C.D is binding in anyway... people would love to think its legal, and those that try and pass it off as legally binding are more than misleading.
 

Ladynred

Senior Member
There are opinions in both camps. While the FDCPA does not refer to any 'modified' Cease and Desist, the tactic does work in many cases. Collection agencies don't want to deal by 'mail only', they just LOVE the harrassment value of the telephone, its their favorite weapon of intimidation, so the idea behind a 'limited' C&D is to take that weapon AWAY from them. The idea is that you are not telling them to completely piss off, just do not CALL any more, you are still leaving them the 'out' of contacting you via mail. They would lose their 'excuse' that you told them not to contact you AT ALL when its clearly written that they are allowed to send all the written communications they want - just no phone calls.

Its a crap shoot. If they are going to sue you, they're going to do it anyway, regardless of whether or not you refuse to talk to them on the phone. There is NO LAW that says you have to TALK to these abusive cretins, so why should you have to put up with it at all ??

Ya take your chances with the so-called 'limited' C&D, it has worked for many, many people and I've not seen any evidence at all that sending one has automatically gotten anyone sued who would not have been sued anyway. Some collectors will answer a basic debt validation with a lawsuit - they don't want to be bothered, they jump right for the courtroom hoping their vicitms will be too intimidated by going to court that they get the easy judgments by default.
 

goaded

Member
Ladynred said:
Some collectors will answer a basic debt validation with a lawsuit - they don't want to be bothered, they jump right for the courtroom hoping their vicitms will be too intimidated by going to court that they get the easy judgments by default.

Those are the type of CAs knowledgeable debtors love ;)
 

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