cease and decess letter

Send another one to the collector. If you hear from them after that, then go to court.

I Faxed them a letter stating that their is a cease and decessed order and three hours later they called.
Will send letter again to file suit

You cannot C&D an OC as the fdcpa does not apply to them. They are under no obligtion to send anything to future CA's either.

You need to send a C&D CMRRR...just because you faxed something doesnt mean they got it. Paper runs out, machine jams, it gets lost before entering into the system.

Soaplady, That doesn't mean the CA didn't get the C&D letter just because it was faxed. The situations you mentioned, especially it getting lost before it enters the system, are internal problems at the CA. I bet if a CA faxed me something, and they had the fax confirmation sheet to prove it, I couldn't claim those excuses. Besides which, I'm sure some CA's have even tried to claim they never received a letter even though it was sent CMRR and signed for.

I am settling a lawsuit, out of court, against a CA I faxed a C&D letter to and they kept calling me. I have a copy of the letter and the fax confirmation, along with all the messages they left me after they received the C&D letter via fax. As far as I can determine, from reading the fdcpa, it doesn't specify the C&D has to be by mail.

Ron they are being nice to you because the language of the statute states it must be sent in writing and there is no wording in the statute to cover emails or faxes. They will probably settle because you have good documentation.

Who is being nice to me? I hardly doubt it's the CA being nice to me. They got busted and are trying to avoid going to court and possibly having to pay a larger judgment amount. My attorney didn't have a problem with the C&D having been faxed to the CA.

True, there is no wording in the fdcpa covering e-mails or faxes; however, my point was that it doesn't specifically disqualify them. If a CA will accept signed settlements by fax, then a signed, faxed C&D should be just as acceptable. Besides which, this version of the FDCPA was enacted in 1996, if I am correct. At that time, faxes and most certainly E-mail was not as widely accessible and available as now; it's just another case of the laws not keeping up with technology.

And, as I pointed out, no delivery method is foolproof. I'm sure if I hand-delivered a C&D letter to a CA, handed it to an employee of the company, and took a picture of myself handing the letter to the CA employee, they might still try denying they received it. Letters get "lost" just as easily as faxes and e-mails.