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cease and desist letter

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PostPosted: Thu May 08, 2008 3:38 pm

If I send a letter by fax to the ca will it be valid at least while I can get it out by mail.
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PostPosted: Thu May 08, 2008 3:44 pm

I really don't know, I sent mine certified and they got it real quickly.. I don't see if it will hurt but don't know how valid it would be.
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PostPosted: Thu May 08, 2008 3:48 pm

It is hard to prove they got it. You do have the copy of the fax received, but I think for it to hold up in court it would have to be certified.
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PostPosted: Thu May 08, 2008 4:23 pm

Just to add my small change.

The DV/C&D I sent to Il-Legal Mediation Mal-Practice was sent via fax, and the attorney that took my FDCPA violations case didn't bat an eye when I told him this. I couldn't really afford the over $5 a pop it takes to send a letter CM/RRR, so a fax at $.18 a page seemed a lot more manageable. This is also the reason I tend not to freak out at CA's if they ignore the first DV/C&D. I just fax another one along with a copy of the first one and the fax confirmation from that first one.

That usually gets my point across to them.

If they ignore the second one, that's when I tend to get a little hot and bothered.

Besides which, I'm sure if I faxed a CA some sort of signed payment agreement, it would be treated like gold and there would be no claim made they didn't receive it. I think they just have different priorities for the faxes they receive, which really isn't my problem it's an internal problem at the CA.

I am curious though. Has there ever been any opinions issued by courts as to whether faxes are admissible, or do they have to be by mail?

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PostPosted: Thu May 08, 2008 5:25 pm

Ron - I know in my local area, a lot of the courts do send orders via fax as well as other legal matters and it's valid. But i really don't know in a case like this. It is expensive to send certified, it's a problem I have, too - and the reason I don't always get something out as fast as I should. Maybe faxing it (even as a filler until they get the certified one) isn't a bad idea..
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PostPosted: Thu May 08, 2008 7:10 pm

Well I faxed it this morning and they didn't contact me today...We'll see if it worked in the next couple days
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