Legal Question in Credit and Debt Law in Florida
cease & desist letter
Is there any way that i can go back
to deal with the credit card offices
and not the collection offices?
I stop paying my credit cards 9
month ago. I am receivving calls
from collection agencies everyday
and even a SUMMONS from one of
them , is there a way I can contat
the credit cards and deal with them
to make monthly payments again?
2 Answers from Attorneys
Re: cease & desist letter
Generally not. The credit card companies hired the collection agencies to collect the debt on their behalf. My experience is that once they've hired an agency, they want you to deal with the agency. If you received a summons, it may be that the original creditor sold the debt to a debt buyer.
Re: cease & desist letter
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Most likely the answer is no. Once a debt reaches the collection agencies hands, the creditors generally refuse to speak with you. This one appears to have gone even further with the summons being served on you. Apparently a lawsuit has been filed and you will only be able to deal with the attorney's office from now on. It is in your best interests to resolve this as soon as possible as legal fees for the creditor will usually be assessed against you pursuant to the terms of your application for the credit card.
Scott R. Jay, Esq.