Notice of Intent to Sue

[Keebler]

From a well know "National Collection Attorney Network Firm" that Bud Hibbs claims is "One of America's worst..." I got the following today...

Notice of Intent to Sue

As you are aware, this law firm represents the above client regarding your outstanding obligation. This letter shall inform you that as a result of your failure to resolve this matter, we have made the decision to initiate litigation against you.

They sent me the Dunning Letter just over 30 days ago and probably waited to see if I'd request validation before they sent this letter.

The Attorney who signed the letter is in Texas but he's more than 600 Miles away from here.

I'm not really freaking out, but I'm not ready to file anytime soon. I was hoping you all could help me deal with this in a sane and rational manner. I expect I'll need to defend myself to buy some more time before I file.

I know the letter is just a scare tactic, but I also know they're not stupid enough to violate the FDCPA in writing by falsely threatening litigation.

Any advice? I'd love to know more about Civil Proceedure, Judgements and Leins in Texas if anyone has experience to share.

[FreshLikeADaisy]

Keeb, I have no Texas advice for you but frankly, until you get a summons in your hot lil hand it's all smoke and mirrors, no matter what state. Just be sure they have your right address and phone number so there's no chance you miss the actual summons. If your local courthouse allows online access to civil cases, you may want to check that every now and again too, just to make sure they didn't file and you missed the summons; you can also call and check by phone. Good luck!!!

[scaredneko]

wow never even thought they could do onlinr notificacation via website. I ve been getting more threats and your docket number is blank calls. but they are usually right after another call from same company giving me the file number to reference when i or my attorney returns there call.

havent returned a call yet. Going to pay the attorney tuesday. But still want to wait past the 17th march. Was thinking I might even hold of until may now since its onlt threats /ive yet to see a letter. Thanks for the info daisy.

and hang ther GL Keebler

[epiphany]

wow never even thought they could do onlinr notificacation via website. I ve been getting more threats and your docket number is blank calls. but they are usually right after another call from same company giving me the file number to reference when i or my attorney returns there call.

havent returned a call yet. Going to pay the attorney tuesday. But still want to wait past the 17th march. Was thinking I might even hold of until may now since its onlt threats /ive yet to see a letter. Thanks for the info daisy.

and hang ther GL Keebler

Your post is a little confusing but I *think* you are misunderstanding Flad's post. There is no online notification for suing. She was just pointing out that you can check to see if there is a case pending against you in case, somehow, you don't receive a summons due to rare circumstances.

Do I have that right, Flad?

EP

[Keebler]

After some thought I decided to send them a Debt Validation letter. I'm beyond the 30 days from initial contact but it's still within my right to DV at any time so it's a legitimate action to take. My goal is to stand out as someone who is unlikely to sit by and let a default judgement happen easily.

I'm most proud of how I sent the DV demand from my computer without leaving home. It's going out Certified Mail with Return Receipt requested but it's going by First Class Pre-Sorted "Bulk" Mail. It's also not a normal letter, but one of those tear-off-the-edges self mailer deals where there's no actual envelope -- just the letter turned inside out. It basically looks like junk mail except for the return receipt part. I can't imagine what they'll think because I'm pretty sure nobody else has done it this way.

When they call I'll be sure to cite "pending litigation" as the reason I'm not willing to speak with them.

[ansett]

If you havent seen this site yet, do so. This method has the CA's running around in circles costing them money and time.

http://www.debtorboards.com/smf/index.php?topic=19.0

[FreshLikeADaisy]

Epiphany, yes, you're 100% right. Thank you for clarifying that! I was offline for a couple days and didn't see the follow up post until just now. Thanks again!

[danaf]

debtorboards.com is one of the worst boards out there - so I've heard. a friend of mine joined and word has it that they are completely unethical so be very careful if you decide to venture there.

[HHM]

debtorboards.com is one of the worst boards out there - so I've heard. a friend of mine joined and word has it that they are completely unethical so be very careful if you decide to venture there.

Yeah, I have looked at their forum...there are some gems of wisdom, but by-and-large, it is a relatively inactive forum with outdated and questionable advice.

[treehugger1]

I'll take the contrarian view here. The site under question has helped me understnad the issues of defending oneself in the circle of collection and OC wolves. While there are "laws" related to collection issues, there are also common sense procedures one can take to protect and defend themselves from aggresive tactics of collecors and and collection attorneys. The advice I've read there has allowed me a negotiating position I would not have understood from any other boards. While the approaches to debt collection discussed on the board are not for everyone, I can testify that the advie suggested on the board, has been far more valuable than any other forum I have engaged with. to each, his/her own. JMHO

[GoingDown]

debtorboards has some good advice on judgment proofing. For that they get a "A+" from me.

But, unfortunately, most of the forum is taken up with how to sue a creditor for FDCPA violations. In my experience, every collection agency I sent a cease and desist letter to has stopped calling me on the telephone. There's nothing to sue them for at this point.

In the end, the only way to get out from under creditors' thumbs is to file bankruptcy. But for some people, it is in their best interest to wait long enough so their bankruptcy will sail through without any creditor objections.

[aachudneymiles]

After some thought I decided to send them a Debt Validation letter. I'm beyond the 30 days from initial contact but it's still within my right to DV at any time so it's a legitimate action to take. My goal is to stand out as someone who is unlikely to sit by and let a default judgement happen easily.

I'm most proud of how I sent the DV demand from my computer without leaving home. It's going out Certified Mail with Return Receipt requested but it's going by First Class Pre-Sorted "Bulk" Mail. It's also not a normal letter, but one of those tear-off-the-edges self mailer deals where there's no actual envelope -- just the letter turned inside out. It basically looks like junk mail except for the return receipt part. I can't imagine what they'll think because I'm pretty sure nobody else has done it this way.

When they call I'll be sure to cite "pending litigation" as the reason I'm not willing to speak with them.

how do you send it from your computer like that is it a program please let me know in here or sent me a pm .. thanks in advance

[Keebler]

The whole thing is kind of a lot of work at first but it will be worth it down the road.

At USPS.com you'll find a link that says "Create Greeting Cards and Post Cards". From there, there's two choices and the one I used was "Click2Mail".

Basically it's an on-line tool to create and send direct mail. It's kind of made for large volume mailings but it'll work on one piece too. You can create a document or upload one and choose how to send it. (There's several choices!)

It cost me about $2 extra this way as compared to the cost of sending the same mail at the Post Office. (It was just over $7) The convenience was great and the ability to send it in a stunningly unique format was a bonus.

If you're sending out any of these notices regularly it'll be worth the cost for the convenience alone.