C and D Letter

ok, first, you can find a c&d letter on the forum here--go to the "do-it-yourself" link at the top of the page and you can find letters there.

The C&D is basically you telling the creditor that you dont want them to contact you any more regarding the matter. Federal law--the FDCPA--requires them to honor it. But many CA's dont, and will continue calling anyways. This is why it is so important that you send it certified mail, return receipt requested. It will cost you a little more than $5 but the proof of receipt that you get from it is solid evidence. And, once they get your letter, if they continue calling you have grounds to sue them for fdcpa violations.

Now, for the important facts of the matter--a C&D only makes the communication stop. It does NOT take away the obligation to pay the debt. It also does not stop the CA from taking further action.....so you must be careful when using this. You can C&D a creditor, and they could then turn around and sue you for the outstanding debt. In that case, the next contact you have about the matter will be when you get served a summons to go to court. THis brings another possible scenario--they could try to sneak a lawsuit past you just to get the default judgment against you. Many times, they will sue you and send the summons to an old address or simply to a bogus one, knowing that they wont find you there. Without communication, you could find yourself with a judgment against you. It doesnt happen even half the time this way, but it does need to be considered when sending a C&D. This isnt meant to scare you off, but rather to show you what steps you need to continue taking to protect yourself.

Guest is dead on. Only send a C&D if you are beyond SOL and Fed reporting period.