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    judysfriend's Avatar
    judysfriend Posts: 1, Reputation: 1
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    #1

    Aug 29, 2008, 07:11 PM
    I've been served after a cease & desist letter
    Today I was served over an old credit card debt ( over 4 years ago). I had mailed a cease and desist letter in June to a law firm that billed me. Now they have served me. What do I do next?The original debtor has written off the debt.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
    		  
    #2

    Aug 29, 2008, 07:36 PM
    Hello friend:

    Well, you go to court if you have a defense, or you make a settlement offer if you have cash. If you have neither of those, they're going to get a default judgment against you and seize your bank accounts and garnish your wages.

    Writing off the debt is a tax term. It doesn't mean anything to do with you.

    excon
    shayne54's Avatar
    shayne54 Posts: 7, Reputation: 3
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    #3

    Sep 3, 2008, 07:04 PM
    Is there a court date set? If not this could be a scare tactic from the collection agency.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Sep 3, 2008, 07:23 PM
    Ok this is what is suppose to happen, you sent them a letter that basically told them not to contact you further about this debt, until they were ready to actually sue you ( they have to contact you about sueing you.

    So no you go to court and prove you don't owe the debt.

    It being charged off has nothing to do with it what so ever that is merely an accounting term.
    fightincreditor's Avatar
    fightincreditor Posts: 7, Reputation: 2
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    #5

    Sep 8, 2008, 01:00 PM
    Check out the statute of limitations for your state. If the last payment you made was longer than your SOL, that would be a defense. Also, you could go to court and possibly ask for validation of the debt. This would not necessarily eliminate the chance of you losing the case in court, but would delay so you can either get some money together to make a settlement offer or find out that they are trying to charge you more than you may owe.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #6

    Sep 24, 2008, 05:53 PM
    Go you the hearing, Quote, " I cannot admit of deny the alleged complaint since no validication of the alleged debt and been provide, not has the original contract which bear my signature been provide, I hereby move the court to dismiss the action with prejudice."
    AKaeTrue's Avatar
    AKaeTrue Posts: 1,599, Reputation: 272
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    #7

    Sep 25, 2008, 01:36 PM
    I just dealt with junk debt collectors and for future references for yourself, send a request for validation (not just verification) letter first.
    The above posts are correct. All your letter did was ask them to stop bothering you until they were ready to sue.
    Go to the hearing and quote everything that Mr. yet said.
    If you do not show up they will win the case by default, so make sure you go.
    It would be even more helpful if you could provide proof that the statue of limitations has expired while at the hearing.
    Good luck.

    Edit to add, if this is a letter from a law firm and not a summons to appear in court, then now is the time to send in a validation letter to the law firm
    Before the 30 days required to respond.
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