Here is a sample cease & desist letter for anyone to use. This particular one has the California statutes and laws in it. If you are from another state, you can look up those laws and insert in the appropriate area.
CAMCO, Inc.
P.O. Box 5087
Rockford, IL 61125
(815) 895-1840
fax: (815) 968-1577
Account#:
Greetings:
Thank you for your recent inquiry.
This is not a refusal to pay, but a notice that your claim is disputed.
CEASE AND DESIST. I would like you to cease and desist all communication with me. This includes both phone and mail.
Under my State of California such accounts have a 4-year limit for filing any action for judgment as per the federal statute of limitations and California statute 337. The starting date of this statute of limitations being the later of the date of last activity, or the date of first default. Your records show that this date on the fictitious account to be well past the statutes of limitations. I have contacted Union Bank where this alleged account derived from and they have no records of me ever having a past due account with them. I will be filing fraud charges with the appropriate agencies.
Any filing of such action by you, or your representatives or assigns, is therefore time-barred.
If this tradeline was in any way re-aged and placed back on my credit report this would constitute a violation of the Fair Credit Reporting Act and a civil suit will follow.
Under the FDCPA, any such action, or threat of such action is a violation of the law, and grounds for fines and civil sanctions. 807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt.
Without limiting the general application of the foregoing, the following conduct is a violation of this section:
(2) The false representation of— {4-30-97 p. 6620}
(A) The character, amount, or legal status of any debt; or
(4) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.
(5) The threat to take any action that cannot legally be taken or that is not intended to be taken.
This notification to you is of applicable legal statutes, codes and laws. Other Federal and State laws may apply. Under the laws of California continued collection activities, including reporting of accounts beyond their legal collection date, may be considered extortion and/or fraud and subject to criminal as well as civil prosecution.
Please note that proof of your receipt of this notice may be used by me or my legal representative in further action. I reserve the right to forward a copy of this letter, and any other pertinent material to the Illinois Bar Association, the BBB, the FTC, the Delaware Attorney General, the Illinois Attorney General, and the California Attorney General.
Best regards,
Type your name
(do not sign anything you send to them!)
0 comments