Need Specific Info For Cease And Desist Letter

[flora maestas]

What is the name of your state? NM

It is my understanding that the SOL for CC debt in NM is 4 years. If this is so, I want to send a cease and desist letter to a collection agency who has bought my account from Providian Bank and are starting to call me again. I know it has been over 4 years since my last payment but is there a website where I can find exactly how to word such a letter to be sure it is done effectively?

Thanks!

 

[cmorris]

creditboards.com

The C and D letter is very simple. If you want them to not call, tell them to only contact you by mail. If you want no contact, tell them so! Send it certified mail, return receipt.

 

[flora maestas]

re: cease and desist

nm

Do I need to specify the date of last payment (which I don't know) or just tell them that the SOL of 4 years has expired since my account was in default. If I write this letter, as you indicated, do the majority of these collectors actually honor such a request? What can I realistically expect?

 

[cmorris]

nm

Do I need to specify the date of last payment (which I don't know)

**No.

or just tell them that the SOL of 4 years has expired since my account was in default.

**Doesn't matter.

If I write this letter, as you indicated, do the majority of these collectors actually honor such a request? What can I realistically expect?

If they don't, they are violating the Fair Debt Collection Practices Act (worth up to $1K if you can prove it--caller ID or recorder, anyone?).

 

[zippysgoddess]

You can find sample letters to use at www.creditboards.com

 

[flora maestas]

SOL Expired; Ready to Send C & D letter

NM

Thanks! I found a C&D sample letter pertaining to expired SOL on my CC debt. I am hopeful that after receiving this letter, the CA will stop pursuing me. In any case, I have been advised that they should stop calling.
If they do not, what do I do? Do I answer their calls to tell them they are obligated to stop or send a 2nd letter?
Also, no suit has been filed yet; since the SOL is expired,
what happens if they do file suit regardless, prior to receiving my C & D letter? Does the SOL still hold up in court w/o a letter?

 

[cmorris]

NM

Thanks! I found a C&D sample letter pertaining to expired SOL on my CC debt. I am hopeful that after receiving this letter, the CA will stop pursuing me.

**Send it certified mail, return receipt.

In any case, I have been advised that they should stop calling.
If they do not, what do I do?

**Send a letter stating they owe you $1K or you will sue them.

Do I answer their calls to tell them they are obligated to stop or send a 2nd letter?

**See above.

Also, no suit has been filed yet; since the SOL is expired,
what happens if they do file suit regardless, prior to receiving my C & D letter?

**Use the expired SOL as your defense.

Does the SOL still hold up in court w/o a letter?

It doesn't matter if they get the letter first or not. I doubt you will ever hear from them again, though (calls or a lawsuit).