Accounts Rec. Management

once they receive your c&d certified letter,no they must stop collections.if they continue,it is a fdcpa violation everytime they call.depending on the nature of the call you could have more than one violation.

So, faxing and e-mailing a C&D doesn't stop the calls?

sometimes,but alot of them lay claim to,they never sent us a c&d letter.some do,some don't.
it is best to cover yourself with that green slip that comes from a certified letter.

What Paul is referring to is sending it certified mail, return receipt requested.

they can claim whatever they like, but the actual wording of the law does not say that it has to be certified mail. It doesnt have to be mail at all. It has to be written, and thats it. The only problem with not sending it CMRRR is proving it was sent when they claim they didnt get anything. The email will help because you will have a written record, including date and time, and the full header on the email will back you up. In a court of law, the email should be perfectly admissable and it will prove your case. If you wish to go one step further, you can produce telephone records that will show the fax call. But generally the certified letter is the easiest way to go. If you have sent them anything in writing, and they are still calling, then they have already broken the law and you can go after that if you choose to.

the reason to do it that way,emails can be mistaken for spam,faxes can get lost,even letters.that is why you should send it certified mail return receipt.i forgot that part,thanks JC.