Received my first CA letter today...

[optimistic1]

What part of you cannot combine a cease and desist with a debt validation do you not understand? If you want to mail those out fine but don't be posting your improper letter on the forum that will only confuse people. I kept telling you over and over they are TWO separate actions but you just don't listen. Then I read you complain about why no one ever sends you a DV back.... you keep sending them C&D's.

See this line here: "I am requesting that you cease all contact with me about the alleged debt."

You clearly made up your own letters and they are not obligated to follow your instructions as you are asking. The FDCPA does not allow for you to tell them to follow your instructions. The CA must adhere to the FDCPA not your own version of it. I don't think you understand telling a CA to not contact you is a C&D it is that simple...

Please to anyone else reading this thread do not use the letter posted by Optimistic1 it is not correct and will end up with you sending out a C&D.

Ok ok, your DV letters are the almighty, nothing beats them, do you want a ribbon now?



Maybe after you go get a license as an attorney you can hook up with this guy, and tell him how freakin wrong he is, he wrote that letter I posted.

Go tell it to Aaron Larson Attorney At Law
From the Law Offices of Aaron Larson
on expertlaw.com

http://www.expertlaw.com/library/consumer/fair_debt_collection.html

To the Original Poster,

Here is a link to the FDCPA, it has a breakdown of the FDCPA, read it, and make your own determination on how your letter should be written, or carry it around in your back pocket like some people.

http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

It's pretty simple, just list what their letter states, "you dispute the validity of the debt, and you are requesting verification of the debt."

Unless you are planning on suing these collectors for violations then why bother listing every single fdcpa fcra state statutes u.s.c. codes in your letter, listing things like that is not a requirement by the fdcpa, its hogwash. Just keep it short and sweet and they will go away for a while.

I doubt they even read peoples letter that contain more than one paragraph, your just wasting ink.

[treehugger1]

You can sue for FDCPA violations in state courts in Oregon. Part of the Oregon Fair Debt Collections Anti-Trust laws reference the fact that in addition to the Oregon Revised Statutes, the FDCPA code is considered an addendum to the state statute. However, there is one drawback. The FDCPA allows for $1000. The Oregon Statutes allow for $200. LOL

The point is to keep your letters simple and clear. Keep copies of your letters and your CMRR, and signed "green card" once it is returned.

If someone is going to sue you, they will sue you. They (CA/JDB/Collection Law Firm will certainly do their own due diligence to see how likely a judgment will produce anything now or int he future. In the meantime you can request DV and state any and all communication between ## and ## times are inconvenient (FDCPA or State laws) depending upon your particular state laws.

Make it clear how you can be contacted via USPS.

I've been playing this game since the fall of 2006. With the exception of local small claims, I have had NO major lawsuits filed against me. Just my experience. Your mileage may vary.

[moonbeam9209]

I am confused by all of this. If I receive a summons by the Sheriff (which I did today, coincidentally) can I just send a DV letter to Target national bank and buy myself some time to find a good lawyer, or is there a difference between getting a letter in the mail and by the Sheriff? It does say that I have 30 days to respond. Don't mean to sound stupid, but I am wondering what my next step should be???