Legal Question in Civil Litigation in Texas
fraudulent cease and desist letter
can a person trying to impersonate an attorney send another person a cease and desist letter? on the letterhead it states no phone number or physical address, envelope has return address with a p.o. box #. I have thouroughly checked with state bar,internet, googled,white and yellow pages jsut to mentiona few for said attorney and have come up with zero results. also the letter said a copy had been sent to the local police dept to keep it on file, I personally went twice to the police dept to verify if said letter was on file and was told no, and if they had received it they would have thrown it in the trash. what are my rights regarding this person sending me this fraudulent letter?
2 Answers from Attorneys
Re: fraudulent cease and desist letter
If you could find the guy (which you say you cannot), you could make a claim under the Fair Debt Collection Practices Act. You might take the letter to an attorney who specializes in such claims and see if you make it happen. The difficulty is that many of these guys are fly by night outfits who have no real address. The really good case would be against the creditor for sending the debt to these bad guys for wrongful collection. That would be the big payday - at least for the lawyer. Good Luck.
Re: fraudulent cease and desist letter
It sounds like the unauthorized practice of law on behalf of the person who wrote the letter. Also, you need to figure out who sent you the letter. The person who is asking you to stop doing something will likely deny sending you the letter. It's a matter of proof. You may have a case if you can prove who sent the letter.
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