Cease and Desist etc.

by Donna
(Md.)

1. How much time should go by before writing a cease and desist letter and if the credit card debt is then sold again, would you have to send a cease and desist again?

2. I am 2 yrs. into the 7 yr. limit to come off my credit report.If at any time during the next 5 yrs. I am able to pay this debt in a lump sum, will the 7 yr limit start all over again?

3. If a creditor has listed your debt as written off, can they still sue you?

4.I am retired. Can my pension be attached. It's not gov.?

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Mar 17, 2010
 cease and desist letter and other questions
by: Gerri

Thanks for submitting your debt collection question on our Q&A page.

1. How much time should go by before writing a cease and desist letter and if the credit card debt is then sold again, would you have to send a cease and desist again?

I am not sure what you mean by the time frame. You may want to read our page about cease and desist letters for more detail. Yes, if the debt is subsequently sold, you may have to send another letter. (Make sure you keep copy of each letter for your records indefinitely!)

2. I am 2 yrs. into the 7 yr. limit to come off my credit report.If at any time during the next 5 yrs. I am able to pay this debt in a lump sum, will the 7 yr limit start all over again?

No, paying a collection account - or not paying it - does not change the fact that it must be removed from your credit reports 7.5 years from the date you first fell behind with the original creditor. I'd suggest you listen to our collections and credit reports podcast for more information on this.

3. If a creditor has listed your debt as written off, can they still sue you?

Absolutely.

4.I am retired. Can my pension be attached. It's not gov.?

It depends on your state's laws. I'd suggest you set up a a free consultation with a bankruptcy attorney to find out what property you own is safe from creditors - and what's not. Even if you don't want to file, the attorney can answer your questions and go over your options.

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