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cease and desist?

Date: Sun, 11/22/2009 - 11:32

Submitted by maryannie98520
on Sun, 11/22/2009 - 11:32

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Total Replies: 4


If you have already been served with intent papers filed by court is it to late to send a "cease and desist letter'? I have a collection agency trying to sue me for a 5 year old cell phone bill ..I was never contacted by this firm until I was served papers last weekend


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.


lrhall41

Submitted by SOAPLADY on Sun, 11/22/2009 - 13:41

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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


lrhall41

Submitted by Morganna on Sun, 11/22/2009 - 15:24

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