btw, the first letter was dated june 3, on june 4 i contacted the credit counseling agency and signed up on june 6
I think jlynn was getting at an important point. Have you actually been served with a lawsuit, or is it just a threat of one if you don't pay? If you've actually been served, you want them to validate in the legal process, as part of the discovery. (Note--I'm not a lawyer, this is just what I've gleaned). If you've only gotten a letter, do as others have said. Send a validation letter, and sit back and wait for the reply. Keep track of the violations. If they didn't include the mini-miranda, that's the first. Do a lot of searching and reading here, about violations, validations, and YOUR intent to sue THEM! Some people have actually gotten enough money from the CA to pay off the debt. There's a difference between borrowing from an IRA or 401(K) and an actual withdrawal. If you can borrow against it, there shouldn't be taxes and penalties. If not, you are actually making a withdrawal, and you can't replace that money as you can in a loan. You can only contribute the maximum allowable each year. If you're already doing this, you are contributing the max and can't put back the money you withdrew. That's why you need some savings outside of your retirement plan. You say this is the only way you can save. You need to start an account somewhere, contribute regularly like you do to your retirement, but "forget" you have the account. Pretend it's a retirement account, but when you get in a real bind you can withdraw without all the tax implications.
again, i was already served with the mini miranda on june 3...this letter of intent to file for a judgement was dated aug 11....in the letter they stated that i have 5 days from the date of the letter to respond....im afraid that if i send a validation letter now, it will get to them to late, and they will have filed....re my ability to save, look i am irresponsible, thats why i put everything in an ira....thx to several periods of unemployment, i went thru my savings....i just dont trust myself.... now is a validation letter good enuf to push off the attempts at getting a judgement, or will they just continue, and the next thing i get will be a summons?
.... now is a validation letter good enuf to push off the attempts at getting a judgement, or will they just continue, and the next thing i get will be a summons? bacci40 ============== If they're bent suing you they'll do it val. l. or no val.l. So what do you have to lose by sending it?
