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Process on a CMRR Question

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Anonymous
Not applicable

Process on a CMRR Question

I sent a letter to a creditor last week asking them to cease and desist contact or attempts at a suit because of the expired SOL. It's been about 9 years, so it would not be in their best interest.

 

Can they still attempt to sue if I am point blank saying I know the SOL is past, I deny the debt, and I will go to court if you try to waste time doing it.

 

Do they have to respond within a certain time now with a CMRR, or can they do what they want still?

 

I sent it on Nov 6, and USPS is saying it was delivered on the 9th. 

 

Thanks for the help Smiley Happy

Message 1 of 5
4 REPLIES 4
John060675
Valued Contributor

Re: Process on a CMRR Question

From reading other posts on the forum, they can still sue you.  However, the most important thing is to show up at the courthouse with all your documents.  If you do this, then the judge will tell the CAs where to go.

 

If you do not show up, then there is a good chance the judge will rule against you.


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Message 2 of 5
Anonymous
Not applicable

Re: Process on a CMRR Question

What he said...they can sue you anytime but the most important thing is to respond if they do...if you don't, a Default Judgment will be issued on their behalf and you'll have to pay regardless of the expired SOL.  Expired SOL is a defense but you have to use it.  I would doubt that they'd try to sue at this point though.
Message 3 of 5
Boldilocks
Established Contributor

Re: Process on a CMRR Question

With a cease & desist does that put you in danger of them filing suit, going to court, and you never hearing anything about it?  Just curious - I have no idea - hopefully someone will know. 
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Message 4 of 5
llecs
Moderator Emeritus

Re: Process on a CMRR Question


Maccabee wrote:

Do they have to respond within a certain time now with a CMRR, or can they do what they want still?

 

I sent it on Nov 6, and USPS is saying it was delivered on the 9th. 

 

Thanks for the help Smiley Happy


They don't have to respond to a C&D.

Message 5 of 5
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