CREDITWRENCH
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Saturday, July 26, 2008
Cease & Desist letters

Cease and desist letters


Question:

Are there any risks or possible negative reactions from using cease and desist letters? We are in the process of trying to short sale 5 investment properties. We have realators and a negotiation company--no buyers as of yet. Five properties = 6 banks (one has a second) thus collection calls are more than daily.

Answer:

The risks of using cease & desist letters are real and very serious. Cease & desist letters of various types and advice about how to use them abound on various forums and web sites all over the internet. One very famous talk show host and supposed expert on credit repair who goes by the name of Bud Hibbs (which isn't his real name) tells people that they don't have to put up with collection agencies and that collection agencies can be run off by sending them a cease & desist letter.


I wish I had a dollar for every person I have had to help recover from the aftermath of Bud Hibbs and his supposedly great advice.


The risk one runs using such dangerous advice is that when a debt collector has received a cease & desist letter he has only one way left to communicate and that is through filing a lawsuit against the debtor. So it is an almost guaranteed invitation to get sued. The danger is so great that one should never use the words "cease & desist" in a letter to a debt collector. There are other ways to say the same thing without using that poisonous phrase.


On the other hand, cease & desist letters can be a useful tool in keeping debt collectors from contacting someone at their place of employment so long as one is careful about how the letter is worded so that it states that it applies only to one's place of employment and no other circumstance or situation.


They can also be useful tools in stopping debt collectors who are bothering relatives, neighbors, friends and acquaintances but the cease & desist letters must be sent by them and not by the debtor.


Another place where cease & desist letters can be useful is in the event a person is being hounded for a debt they honestly do not owe.
But that too can end up getting the sender sued because the debt collector honestly believes that he has the right person and that the debt is collectable.


so be very, very careful about what conditions are present before you even think of using cease & desist letters lest you end up getting served with a summons.



Bill Bauer
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