cease and desist?
Date: Sun, 11/22/2009 - 11:32
I really dont see the point. They will get a judgement against
I really dont see the point. They will get a judgement against you and execute whatever means of collections they choose regardless of the cease and desist. They dont need your permission.
What state are you in? Is the debt out of SOL?
I am in Washington State..It is up to the judge though isn't it
I am in Washington State..It is up to the judge though isn't it as far as what they are going to make me pay?
SOL in WA is six years. The judge basically grants the judgemen
SOL in WA is six years. The judge basically grants the judgement unless you are there to defend yourself. If granted the judgement they can then go after a wage garnishment and/bank account freeze.
I would suggest you call and try to avoid this going to judgement if you have no defense.
This is a cell phone bill? Then your state's SOL wouldn't apply.
This is a cell phone bill? Then your state's SOL wouldn't apply.
Cell phone bills have a 2 year SOL ...
http://www.law.cornell.edu/uscode/html/uscode47/usc_sec_47_00000415----000-.html
So this is time barred for suit ...
Have you been served? If so answer the summons/complaint according to your court's rules using time barred as an affirmative defense ...
And for the future never use a full cease and desist -- it ties the hands of the CA/JDB and gets you sued pronto ... *I* advocate the limited C&D - no calls to home as they are inconvenient -no calls to my employer as they are prohibited. Mail only ....
Look at the FDCPA the wording is in there ... stops call usually but you gain a papertrail with written documentation.:D