Sign Alaska Cease and Desist Letter Free

Signature service cease and desist letter template

hey guys welcome to the Jeju watching this and we're gonna talk about what some people maybe in the credit repair world or debt settlement world thought of us or the Silver Bullet that there was no escape for debt collectors particularly collection attorneys and you could sort of force them into a violation of the law and I don't think much of this you know so let's look at this question or this theory and then look at the actual law and see what it says so here's the idea can I send a cease-and-desist letter and a dispute letter or sometimes called a debt validation letter to a debt collector at the same time okay well why would you do that well this was the theory you send a cease-and-desist what does that do well that collection agency and this was often sent to collection lawyers who were thinking about suing so we'll just use it in that context the collection lawyer cannot communicate with you anymore there's a few exceptions that don't apply here but then you also send a dispute letter or a debt validation letter to that same collection law firm which means in order for them to collect any more they must validate the debt or verify the debt in writing well see you got them caught now right because if they honor the cease-and-desist then they won't verify the debt and then when they see you go AHA you sued me without verifying the debt but if they verify the debt you go wait a minute I told you cease communication you violated that law so this was sort of marketed or told to people as this is the ultimate solution and as I mentioned and probably as my tone suggests I don't think very much of this so let's look at the actual statute and see if this works because sometimes people have these great theories at least they sound great but then when we look at the law and we imagine being in front of a federal judge we go oh okay I see why that won't work so let's take a look at it c92 CC is the cease communication so if you notified Dec liquor in writing and remember all cease and desist has to be in writing this is different than revoking consent for Robo dial calls to yourself which sometimes you can do that verbally but this time about the cease and desist under the FDCPA notify the debt collector in writing the consumer and here's two ways you do it you can say I refuse to pay the debt so you don't have to use the word cease or the word desist you just say I refuse to pay this debt or the consumer wishes the debt collector deceased further communication with the consumer well if you do either one of those so you say I refuse pay the debt or I want you to cease communication the debt collector shall not communicate further with the consumer with respect to such debt and then there's a couple exceptions that don't apply to us so you send that cease communication or that refusal to pay letter they cannot communicate with you further now they can still collect they can credit report they can sue you but they cannot call you or write you okay well let's look at the other side of this 1692 GB so if you remember from our other video 1690 G the subsection a is the the validation notice that the debt collector must send you and typically this is sent either the first communication or within five days of the first communication it says you have 30 days to dispute if you do dispute will verify the debt will get you a copy of the judgment will tell you the name of the name and address of the original creditor if you ask us so again you can dispute verbally and that's fine but that doesn't trigger the 1692 G B which is what we have up on the screen so consumer notifies Dec liquor in writing within that 30-day period that we just talked about that the debt is disputed or that the consumer requests the name and address of the original creditor now you can do both okay the debt collector shall cease collection of the debt what forever no until the debt collector obtains verification of the debt or a copy of the judgment or the name and address of the original creditor so in other words whatever you've requested okay they have to send you in now let me back up some people send these you know 28 item requests that's not where tamo they either had to verify the debt or get you a copy of the judgment or the name and address through the original creditor and a copy of such verification or judgment or name an address as original credit is mailed to the consumer so this was the theory all right I send a cease-and-desist they can't mail me anything they can't call me they can't mail me that but then I send a validation notice a dispute notice and now the debt collector cannot go forward with the seat we're filing a lawsuit against me until they meld me see I got him either way that was the theory well the problem is it's just too clever I think a federal judge is gonna look at this and say well you sent them to things that are contradictory and you put them in a bind where they can't do either one if they do if they cease communication then they can't verify the debt if they verify the debt then they didn't cease communication and I'm trying to remember the name of the movie maybe I put a link into it or maybe you guys will recognize it it's the one where the guys in the bank and it's the old guy and a bank robber comes in and I think he says something like you know freeze everybody on the floor and the old guy says well son which is it do you want me to freeze or do you want me to get on the floor yeah it's that type of thing and so I think a federal judge would say if you send contradictory things to them then the debt collectors going to get to choose which one they want to do now if you send this to a collection law firm and they want to proceed with the filing the lawsuit I think they do have to verify the debt and so I think they could say hey you since the cease-and-desist but you also sent us a request for verification so we're responding to the verification I think a judge would say they can do either one and again it would sometimes see debt collectors do this or credit bureaus do this and where they try to put the consumer in this you know if you go to the right you're doomed if you go to the left you're doomed and it's just too clever and you know as a consumer advocate somebody who files lawsuits against debt collectors credit bureaus mortgage I love it when they do that because I get to show that to the jury look at how absurd these guys are they're trying to put us in this you know unwinnable position and I think the same is true if we as consumers try and do this to the debt collectors and we're misusing this law if we do it so do you have the right send a cease and desist letter absolutely you can send that do you have the right send a dispute letter a debt validation absolutely but don't try to abuse this because there's an old expression that sort of bad facts or bad arguments create bad law so we don't want to create bad law out there where now these federal judges are looking at these debt collectors sympathetically we don't want that we want them to say we got the debt collector we got the consumer everybody has the right to operate as long as they stay within the bounds of the law we don't want the federal judge saying to the consumer hey you're trying to be too cute here and let me maybe sometimes the federal judges go overboard in in a response to them we don't want that either where they sort of give almost immunity to the debt collectors so we've got to be careful how we use the laws make sure we use it in the right way and while I certainly appreciate creativity and we've done some really creative things for our clients we have to make sure that it's not being unfair to the collector this I think is being unfair so choose which one you want to do you want them to stop communicating great you want them to verify the deck great but let's not try and get overly cute here and end up having sort of a backlash against us by the judges so that's my thought you may agree may disagree there may be some opinion out there from a federal judge that I don't know about I've never seen this actually litigated I know we would not bring this type of suit if somebody tried to put a debt collector and that sort of unwinnable bind there and but maybe others have and judges have written about this I just haven't seen that so definitely feel free to share your comments and any questions you have and I appreciate you guys watching this and I'll catch you in the next video bye-bye