Boyajian Law Offices First they tried to get me to pay for 1-900 #'s that were supposedly made when my husband and I were both at work, and used Verzion's name to do so. Then my place of employment is now being attacked ripoff Rutherford New Jersey

It doesn't matter what people call the letter. Did you not understand that? No one said a lawyer was needed, only that I had asked mine about it. Sorry that caused you to feel inadequate. The title of the section in the statute is not necessarily the title of the letter. You can call it Sweet Aunt Susie if you want to, as long as you get the point across per the appropriate section of the FDCPA. You're insistence on calling this thing a Cease Communication makes no sense. It is not a legal term any more than Cease & Desist. I never said the words Cease & Desist were in the section quoted, just often present in the letter itself. Please work on your reading comprehension and lose the snotty attitude. All I wanted to do here was help someone from my home town, not get your partially-educated knickers in a twist. Once and for all, the letter one sends per Section 805 of the FDCPA has no official or legal title. It is commonly referred to as a Cease & Desist letter because those words are often part of the letter, not part of the FDCPA, but the letter itself.

My only point was that the FDCPA gives you the right to CEASE COMMUNICATION with the collector:

"c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --"

The wording Cease and Desist is nowhere in the provision.

It specifically states you have the right to CEASE COMMUNICATION.

What is so hard to understand here?

A law degree is not needed here. Just the simple ability to read.

It is just simple common sense.

I am done here. You will not get another response from me on this issue. You are too ignorant to justify any more of my valuable time.

My only point was that the FDCPA gives you the right to CEASE COMMUNICATION with the collector:

"c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --"

The wording Cease and Desist is nowhere in the provision.

It specifically states you have the right to CEASE COMMUNICATION.

What is so hard to understand here?

A law degree is not needed here. Just the simple ability to read.

It is just simple common sense.

I am done here. You will not get another response from me on this issue. You are too ignorant to justify any more of my valuable time.

My only point was that the FDCPA gives you the right to CEASE COMMUNICATION with the collector:

"c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --"

The wording Cease and Desist is nowhere in the provision.

It specifically states you have the right to CEASE COMMUNICATION.

What is so hard to understand here?

A law degree is not needed here. Just the simple ability to read.

It is just simple common sense.

I am done here. You will not get another response from me on this issue. You are too ignorant to justify any more of my valuable time.

I think you may have misunderstood what I said. I did not indicate in any way that I needed to write a Cease & Desist letter or have such a letter written for me by a lawyer. I asked my attorney about the verbiage and what the letter is called. Since he is a c*m laude graduate of Harvard Law, I'm inclined to take his word for anything pertaining to legal matters. Please advise which law school you attended. And the FDCPA does not call it a Cease Communication letter. The title of the section is "Ceasing Communication," rather like a section called "Definitions." Here's what it says in Title VIII Section 805(c):

c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.


There's nothing here stating that the letter is called, or must be called, anyting at all. Cease & Desist is just a commonly recognized term taken from commonly recognized and accepted verbiage normally found in such a letter. Examples are easily found online using the term "Cease & Desist Letter" in most search engines.

Sylvia,

You already said it! You went to the CEASE COMMUNICATION section of the FDCPA. You did not go to the CEASE & DESIST section, right?

When you write the letter, you are enforcing your rights under the provision of the FDCPA that affords you the right to CEASE COMMUNICATION. That makes it a CEASE COMMUNICATION request as per the FDCPA.

Cease & Desist would mean any action including collections.

If you really did contact your attorney, he surely would know the difference. And if you had an attorney, he/she would be writing the letter.

There's a section in the FDCPA entitled "Ceasing Communication." There's nothing about what the letter is called. I checked with my attorney as well and he said it doesn't matter what you call the letter, "Cease & Desist" being a short form taken from wording in the letter. If someone needs to send such a letter, they are likely to find it more easily under Cease & Desist. In any case, the point is to let people know what they can do. I seriously doubt what the letter is called is that important. In fact, the term Cease & Desist is used overwhelmingly here and on other sites concerning the same or similar topics so it's probably a more commonly understood "title" if someone needs it to find what they need.

Sylvia,

Proper wording is absolutely essential.

There is NO SUCH THING as a "Cease & Desist" letter in any provision of the law.

Go to the FTC site and actually READ the FDCPA.

It is a "CEASE COMMUNICATIONS" request.

I see this C&D thing on here so much and wonder where it came from. It makes me crazy.

Thank You.

I believe your employer can send a Cease and Desist letter same as an individual. There are samples on this site or you can easily find one online. Briefly, a C&D letter tells the recipient, in this case Boyajian, to validate the alleged debt and cease all communication except to acknowledge receipt of the letter or to validate the alleged debt as requested. Coldwater is my hometown and I hate to think of anyone from home getting ripped off like that so please don't give up. Fight the dirty so-and-so. Good luck.

Sarah,

This jerk is barely holding on to his law license, and is only licensed to practice law in CA.

He is a debt collector and of the worst kind, a junk debt buyer. He buys very old debts that are not legally collectable for less than a penny on the dollar!

Stopping him is easy. Just send a CEASE COMMUNICATION letter as per your rights under federal law [FDCPA]. Be sure to send it by certified mail, return reciept requested. Be sure to put a copy of the certified # on the letter itself, and keep a copy for your records.

This idiot couldn't find his way into a courtroom if he fell through the roof. Total incompetence and disregard for the law. There are literally thousands of complaints against this punk.

Give em hell!

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