A Notice of Cease & Desisit Acknowledgement is drafted against a creditor in an attempt used to stalemate or discontinue further collection activities against a creditor. In order to do this you must first name yourself as well as the creditor within the Notice of Cease and Desist. You must specify within the grounds of this letter where and when you wish to be contacted, or to no longer be contacted by the creditor in the future at all. According to FACTA, (FAIR ACCURATE CREDIT TRANSACTION ACT, Amended as of 12/31/03, Re amended as of 01/01/04) which states that Creditor can only make communications with a client or said customer between the hours of 8AM to 9PM Monday to Saturday, but no contact as of Sunday. The time of contact must not be an inconvenience to the customer. Communication can be orchestrated by means of these methods... Fax, Telephone (Cell Phone, Digital, LAN Line), Written or Verbal, Electronic (this is email. However, even though one issues a Cease and Desist, the said creditor still has the ability to continue it's collection practice by means of filing legal against the said client who owes the debt as long as the debt is considered to be Complete & Accurate in Nature, meaning that based on Due Diligence, the client owes the debt.
Max I. Jackson - CCRR
Regional Finance
Senior Assistant Manager
You would have to see a lawyer to have this done (I've had it done with my first husband) but, beware .... depending on how miserable your ex is then the 'Cease & Desist Order' isn't worth the paper it's written on. Some lawyers will give you one half hour to one hour of free service so do your research, find a lawyer that does this and then decide if you want a Cease & Desist Order drawn up (CDN $350.)
If your spouse is guilty of forgery then of course charges can be brought against them
According to the Constitution a person does not have to testify against themselves; in some states a spouse cannot be compelled to testify against a spouse.
No, its not illegal. :)
Can a collection agency place a lien on a home belonging to a spouse not on title?
If the judgment names only one spouse as the judgment debtor it will not be entered on the non judgment spouse's credit report.
A spouse is almost never responsible for the expenses of a deceased spouse. However, if the deceased spouse had money and there will be probate, someone may make a claim against the deceased spouse's money in probate court.
there is a law against abusing any living person or creature
themselves
Marriage does not automatically create a power of attorney. They have to specifically grant the rights.
yes. yes it can
No. The other person didn't commit adultery against you only your spouse did. Your spouse violated your marriage vows.
If the account was joint then the surviving spouse is responsible for the debt. If the account was held solely by the deceased spouse the surviving spouse is NOT responsible for the debt and is not legally obligated to repay such nor to correspond with the creditor or collector. If the surviving spouse so chooses he or she may inform the collector that the account holder is deceased and also inform the collector that they should "cease and desist" all contact with the family. Florida is not a community property state. Marital property is generally treated as Tenancy By The Entirety, which makes it immune to creditor action if only one spouse is the debtor.