Cease Communication – A Warning To All

What happens when you send a creditor a cease and desist letter and they replay back with a summons to appear in court? The summons is real, I’ve called the county clerk, but they are a third party trying to collect on a debt and I have no contract with them. What do I do? Do I go to court and settle, if not I could face a potential judgment or do I hire a lawyer?

Tanya

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Hello Tanya,

A “cease communication” notice does NOT prevent collectors or creditors from filing suit against the consumer.  A collection agency obtains its authorization from the creditor with whom you have previously entered into a contract.  You will have an opportunity to verify that the collection agency was authorized to collect on behalf of that creditor.  More importantly, is this debt valid and is the debt within your states statute of limitations?  Yes, you should contact an attorney.

I am thankful for your question as it gives occasion to emphasize to all of the Broken Credit Blog readers that sending a ‘cease communication’ for valid debts that are within your state’s statute of limitations leaves a creditor or collection agency with few choices and it’s likely the result will be a lawsuit.

The Broken Credit Blog was created to assist consumers in their efforts to clear their name of erroneous data on their credit report, not to teach people how to avoid debts that are legitimate and reporting accurately.

Paul