Legal Question in Civil Rights Law in California

cease and assist/desist

Can someone that owes me money request via telephone or text messages that I must cease and assist/desist. They are threatening legal action so I am intimidated from trying to collect.


Asked on 3/21/07, 3:08 pm

2 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: cease and assist/desist

You may be hit with a TRO or a civil suit for violating Fair Debt Collection Act. If it is over $ 5K you should hire an attorney, less than that then take the debtor to small claims court. Contact me directly for assistance.

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Answered on 3/28/07, 9:01 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: cease and assist/desist

Yes, you must stop making telephone contact. However, you can file a lawsuit to collect, and have the sheriff serve it on the debtor.

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Answered on 3/27/07, 9:00 pm


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