Legal Question in Credit and Debt Law in North Carolina

You should consult an attorney. I am not aware of a cease and desist order awarded against collection agencies. Without knowing what Court gave you the order, it is hard to say how you can enforce it.

I agree with Mr. Love. You need to provide more details.

I would agree with Attorneys Coleman and Love but how is that you have a cease & desist ORDER?

Orders are entered by the court in connection with some type of lawsuit. They can only be rescinded by a further court order upon a petition by you.

I do not believe that this is the type of process to which you are referring. In counseling my clients, many of them have sent "cease and desist" letters to debt collection agencies advising the collector or original creditor not to contact them. However, later, when the client has funds, they learn that the creditor or collector will not negotiate resolution of the debt with the client because of the earlier cease and desist request. In order to negotiate, the debtor has to rescind the request. This can be done in writing.

Assuming that this is what is going on and this is what you want to do, why? Is it because you now wish to settle the account? If so, then I would need to know more facts here before advising you to rescind the order. You do not want to run the risk of acknowledging the debt if the statute of limitations has run.

If there are no other concerns, you have the money and wish to resolve it, then just fax/mail a letter to the debt collector or creditor (if you mail, I recommend that you keep a copy of the request and mail it via certified mail return receipt requested) and indicate that you rescind any prior cease and desist requests. I would then go on to make your settlement offer and state something like this offer is made for the purpose of resolving the debt only, that the offer is good for a limited time (say 30 days) and that if the offer is not accepted you are under no obligation to renew it. Do not admit that this is a debt for which you are responsible. People can offer to pay debts for all kinds of reasons - they don't have to admit its their debt though.

If you are trying to do something else or if you have questions about the debt or its barred by the statute of limitations, then you should not discuss your situation on a public bulletin board. You should have it reviewed by an attorney before you take any action to avoid making a costly mistake.