Intent to sue sample letter

Submitted by CMBV22 on Mon, 06/09/2008 - 06:29

I noticed an intent to sue letter. Here is the one I use. Enjoy


Thanks CMBV for your post. I think this sample letter will be of great help for most of the forum members who face such problems. Hope you will put more resource in this forum.

Fri, 07/04/2008 - 10:09 Permalink

wow, what a letter, giving it right back to them huh, I like this letter.

Thu, 07/17/2008 - 03:03 Permalink

I would hope this letter would do the trick. I just can not believe people can continue to stronghold another person by not validating a debt and just leaving it there to effect someone as long as they do. Good natures, wasn't a company doing this to yourecently by threatening a lawsuit but failing to get a court date? How long can they continue to do it and doesn't that SOL clock quikt runnung when they do? So they could leave you lingering for years. Sounds unreal to me.

Thu, 07/17/2008 - 16:00 Permalink

I think that if the collection agency do not respond to the debt validation letter within 30 days of the receipt of your letter, you are in the safe side because even if they sue you to the court, you can show the proof to the court that you have asked for debt validation which they did not provide you. But if they disturb you regularly without validating your debt, you can definitely file a lawsuit against the company.

Fri, 07/18/2008 - 11:20 Permalink

I guess either way it leaves you in the good. I am seeing how debt validation is a good thing.

Fri, 07/18/2008 - 12:17 Permalink

It's a great tool. If my printer was alive I bet it could resite DV letters and FCRA statues in it's sleep!

Sat, 07/19/2008 - 06:36 Permalink

Participating and sharing your experience generates conversation, that is how I learn.

Mon, 07/21/2008 - 03:07 Permalink

Here to. I still get confused. Like the answer I get for when the sol clock starts. I get two different answers. 1. soon as the first payment is missed and 2. 180 after the first payment is missed. Do you know which one it is?

Tue, 07/22/2008 - 00:42 Permalink

I believe the legal def is 'the date of last mutual activity' which is considered 180 days after the last payment

Tue, 07/22/2008 - 07:16 Permalink

Hey Cm, I did a little checking and found that it is suppose to vary by state. Some start SOL with the 30 days and others with the 180. It doesn't give where you can go to get those listing. It just says refer to your state SOL rules. Where could I get PAs.

Tue, 07/22/2008 - 18:04 Permalink

I tried to find somewhere that gave a firm answer (Google seems to have failed me ) and the general opinion I saw was this:

When does the Statute of Limitations start?

You might be asking yourself, "It has been such a long time since my "open account" has had any activity. When does my Statute of Limitations started ticking." The statute of limitations (SOL) is calculated by:

Take the date you last made a payment and add 6 months to this date.
Add the number of years of the statute of limitations in your state.

You last stopped paying on a credit card on Jan 15, 2001. The statute of limitations for credit cards (usually regarded as open accounts) in your state is 6 years.

The date at which you are "safe" from having a creditor sue you over this debt is:

Jan 15, 2001 + 6 months = July 15, 2001.
6 Years + July 15, 2001 = July 15, 2007

Therefore, a creditor cannot sue you for this debt after July 15, 2007

Wed, 07/23/2008 - 09:03 Permalink

I had one file a summons just weeks before the statute of limitations expired, these creditors do keep an eye on things, just because you have not heard from them does not mean that they have dissappeared. Just as we as consumers watch the sol, so do some of them.

Wed, 07/23/2008 - 23:16 Permalink

I'm sure you are absolutely correct their good natured. Wouldn't I have recieved some kind of letter of phone call by now if they had done anything. I was thinking mine expired in May. Hopefully I am correct and they aren't doing anything else cause that was the last one I had to worry about.

Fri, 07/25/2008 - 00:02 Permalink

Just keep an eye on your CR I am sure that GN is correct that they would have tried to contact you if they were going to attempt to collect. Many times when CAs buy debt they buy it in chunks with many other ppls debt. Occasionally, accounts slip through the cracks and the CAs miss their chance to sue or, the account was sold without enough proof to win a small claims case. Other times the amount due just isnt worth filing a suit and paying someone to show up at the courthouse to argue with you.

Sat, 07/26/2008 - 00:33 Permalink

Thanks. I am going to check my CR here shortly cause at the end of July I have one that is suppose to fall off and I want to make sure that it does. Hopefully this is a nightmare that will soon be over.

Sun, 07/27/2008 - 00:40 Permalink

I sure will. Plus the stress of worrying about the SOL. Had I not run into such misfortunes as of late I would have gladly paid them to go away.

Mon, 07/28/2008 - 14:33 Permalink

Now once you are out of this mess, try not to get back into it. You have learned a hard lesson as we all have. Stay away from the credit cards. LOL

Tue, 07/29/2008 - 03:02 Permalink
Anonymous (not verified)

That is actually my goal. Get rid of the couple cards we have. We will keep the discover because it seems a major credit card is always needed,whether it be for car rental, equipment rental or emergencies. All I gotta get rid of is Lowes and discover. Those were aquired from falling short on money to complete our home so we could move in. Someday I want to look back and say "glad that is over with"

Tue, 07/29/2008 - 11:56 Permalink

That is actually my goal. Get rid of the couple cards we have. We will keep the discover because it seems a major credit card is always needed,whether it be for car rental, equipment rental or emergencies. All I gotta get rid of is Lowes and discover. Those were aquired from falling short on money to complete our home so we could move in. Someday I want to look back and say "glad that is over with"

Tue, 07/29/2008 - 11:57 Permalink

While I can understand why you would want to get rid of all of your cards after bad experiences; I will advise that you still keep some tradelines open to maintain a good credit score. Credit is becoming more and more important everyday for jobs, and housing in addition to finicail needs.

Wed, 07/30/2008 - 19:09 Permalink

I agree, just take the best ones and keep them.

How many credit cards should one have at any given time?

Thu, 07/31/2008 - 10:16 Permalink

This is what I heard and I do agree. We have a couple dept store crds like Lowes and sears. I want to be rid of those two just because it is too easy to use them. Basically anything we would buy there at this point would be a want and not a need so I don't want the temptation.

Thu, 07/31/2008 - 12:26 Permalink

What I think is that using multiple credit cards actually increases our problem because it becomes very difficult to keep track on our spending. Moreover we need to pay annual fees for all these cards which add to our debt. So I always prefer to use only two credit cards. If you have too many credit cards, what I think is that you can close the newer ones rather than closing the older ones because the old ones add to your credit score.

Mon, 08/04/2008 - 06:59 Permalink

I personally don't have any, I had a few a couple of years ago and got behind on them, as you said it gets so confusing. I ended up paying out the ying yang for fees and charges and eventually had them closed out.

Mon, 08/04/2008 - 21:03 Permalink

You might want to consider getting a gas card to improve your credit and get a few cents off per gallon of gas. Personally, I sit down each night and pay whatever I put on my gas card online. That way you keep your balance down and don't get charged intrest on the purchase.

Mon, 08/04/2008 - 21:19 Permalink

My credit is aweful right now, I don't know if I could get one right now.

Mon, 08/04/2008 - 21:25 Permalink

I use my grocery store to get fuel perks, through giant eagle, I figure I have to buy groceries anyway, may as well get the fuel perks, they also give you fuel perks on your prescription medicine.

Thu, 08/07/2008 - 23:15 Permalink

I just don't like the big bird much. I find that their prices are way abve Wally worlds. I can not get as many groceries there with the same amount of money. Of course I live closer to wal mart than to Big bird but even if i did I don't think the fuel perks would add up to the money I saved.

Fri, 08/08/2008 - 00:47 Permalink

GN Many times the gas cards are easier to get than normal CCs. If you don not think you would be able to get one you could always get a secured card.

Sat, 08/09/2008 - 07:37 Permalink

Are gas cards intrest any higher than the others or do they run about the same? I have never had one before?

Sat, 08/09/2008 - 09:48 Permalink

Thats a really good question Gn. My only fear of having a gas card is when we hit those really really rough spots in the winter. It would be toooo easy to charge it. As I said on other posts I just want to go down to one and leave it at that.

Sun, 08/10/2008 - 02:06 Permalink

It is slowly falling, it will find an even keel and stay there for awhile and then fall a little again. Even at where it is now, I an not imagine how people will do the fuel this year, unless the government steps into help. While they are at it, they need to increase the income limits for these programs, it is not only affecting those at poverty level, it is putting those working families in danger of choosing to eat or heat. Hopefully they will take a hard look at this.

Sun, 08/10/2008 - 04:01 Permalink

Problem is gn they don't step in to help everyone. I just heard that they are pushing for more funding for the liheap program they run in this state. they say it will give the low income a few more dollars for fuel. We have middle income here and I don't know how we are heating this year. So I agree with raising the incmoe level.

Mon, 08/11/2008 - 01:56 Permalink

I am getting a new out door furnact her in September, then I will get my two loads of coal for the winter.

Mon, 08/11/2008 - 02:28 Permalink

That is something I am really going to look into if I ever see any money from this lawsuit. We recently moved and had to do alot of clear cutting. We have enough wood that can provide free heating and my hubby works in the coal mine and they are entitled to some free coal a year. If I weren't already swarmed with debt I would do it this year. My bro wants to hook up a bioler system he has been saving for us but it doesn't look the best (could just be me). Plus it would costs quite a bit to get the heat into the house. I really don't have the funds but I wish I did.

Mon, 08/11/2008 - 13:21 Permalink

You would be better off heating with it, especially if you have the access to the wood and the coal. You said that you moved out into the woods, if you don't like the way it looks, then build a building around it to cover it or just put up a wall, it would drop your heating costs drastically, we only had between 400 and 500 into heating for the entire year, that is heating all the hot water in our house too.

Tue, 08/12/2008 - 01:44 Permalink

I planned on covering it. The problem is it is estimeted that I would need close to a grand to hook this all up. I doubt it will happen this year. Really I don't spend anymore on my fuel furnace but 1 tank of kerosene. Last year it cost roughly $650 to heat. My bro was really surprised. He thought since it was a type of trailer it wouldn't have much insolation. He was surprised when he seen it was insulated better than his house. He He

Tue, 08/12/2008 - 16:27 Permalink

Wow that was good, I know a lot of people that spend three times that amount, I know I would not want to be paying these prices but your cost was not that high.

Sat, 09/06/2008 - 00:56 Permalink

Thats true and alot of people don't think these homes are that heat efficient. They tend to think of the older models. I really can't complain. I still would like to get the outdoor furnace since we cleared a lot of trees it would be free heat for a few years plus a load of coal my hubby could get at the mine.

Sat, 09/06/2008 - 01:49 Permalink

If your husband works in the mine then you should get an outdoor furnace. The hook up would depend on how far you put it a way from your house, you need to put water lines in to feed the furnace and a heat exchanger under your furnace. You will get your money back in a few years, you can burn anything in it.

Sat, 09/06/2008 - 23:05 Permalink

I am going to get one I just have to wait until the money magically appears. I refuse to make anymore bills until I have all the others aquired from moving here.

Sun, 09/07/2008 - 00:48 Permalink

That sounds like a good plan fireyone, especially since you are so stressed out about it, pay off what you have there is always next year right.

Sun, 09/07/2008 - 02:32 Permalink

Yes. And the year after. I seriously want all these bills gone first. So even if it takes longer I figure it really isn't costing that much to heat compared to payments on another loan.

Sun, 09/07/2008 - 13:50 Permalink

I have some that I can not wait till they fall of my report, 2011 is not that far away, I will have a celebration when that day comes.

Mon, 09/29/2008 - 03:13 Permalink

It really isn't that far away. All our accounts are up to datge but this economy thing scare the shit out of me and I am always afraid that soemthing is going to happen and we fall off the credit boat again. I like to believe my hubbys job is secure but with the way things are looking is anyone safe. I see they are expecting a credit freeze and all I can think is LOWES, LOWES LOWES. If they do that then how am I gonna transfer the debt?

Tue, 09/30/2008 - 12:38 Permalink

What do you mean by a credit freeze? Is it where they don't let anyone use the credit card that they have for that store? That would be dumb on their part. Alot of people use store cards to get what they need and want. I would think as long they are making their monthly payments on time let them do what the original contract states. Hope this does not start happening cause this is not good for the company or the economy at this point in time.

Wed, 11/12/2008 - 19:15 Permalink

No not freeze an actual card. They will not give out any new credit cards and not increse the limits on the ones who hold credit cards. In a sense the credit card companies goes into self-protect mode. I actually think this is what happened on your post "card closed by company". You had mentioned that someone was asked to pay their entire card balance upfront since they were making no charges for a peiod of time. Yes this is worse for the economy but you have to see their side of it a little. It would be like you knowing you were losing money in the stock market with not as much chance of gaining it all back.. POeople are really defaulting on credit card debts so why would they increase limits and extend new credit?

Wed, 11/12/2008 - 23:10 Permalink

POeople are really defaulting on credit card debts so why would they increase limits and extend new credit?

why do banks do this? because they want new business.They can't just really identify who is a gentleman at a first sight.

Although they expect strict code of conduct when they deal with defaulters but surely these defaulters are really smart and thus even sometimes outsmart all their (banks) efforts.

what else they can do?

:arrow: :arrow:

Sat, 05/16/2009 - 16:56 Permalink
1INSANE1 (not verified)

How come I can not copy and paste this form? I need to use this for a student loan that I paid in full yet they charged it off. Its with SLM. I kept bank statements showing payoff and letters to there collection company. Per the collection company there info is suppose to fall off by 5/21 however SLM is still showing charged off on my credit report.

Tue, 05/19/2009 - 12:24 Permalink