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Originally Posted by cncsiu
So you are saying, I should just let them sue me, fight it as much as I can, and then hope after they are awarded a judgement and I still don't pay that they sell it off to another collector that will settle for less?
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No I am not saying that as you don't want a judgement or at least I don't want one on me.
I am saying sometimes it is good to let it go for now, see what transpires, and when you get a dunning letter send a validation letter CRRR.
Then IF they start a suit, you can then decide if you have violations against them. They WILL try to settle with you BEFORE you go to court.They WANT to settle with you before they go to court, as hey they may lose : )
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I really don't care about coming out ahead, I just really don't want to have to go to court or have a judgment awarded where they will garnish my wages or force me into a settlement that I cant afford with deadlines.
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Going to court does not automatically mean you are going to lose and get a judgement against you.
Perhaps though you are not the type of personality that can handle the court room and the paperwork ,if so,either get a lawyer or pay them.
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I am only like 5 months past due, do you think the threat of a lawsuit is an empty threat at this time?
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Yes I do, but each case is different.
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From the sounds of it, it seems like a lawsuit is a last ditch effort in most cases when the SOL is about to run out.
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We need more facts. What state you are in, DOLA, what do you have, how easy to attach etc.
Whatever happens nothing is going to be finished within a few months, so you have time.
Woofer