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I definitely plan to send an ITS letter first but I want to also send them the paperwork that will be filed in case they don't respond, just to show I'm serious. Also I could be wrong but I don't believe it's worth it to most CA's to fight these small suits most will just try to settle if possible.
I have to ask...what is the purpose of sending an ITS letter? Is it a legal requirement? I only ask because, if you are going to sue them, sue them. I see so many posts where people say they sent an ITS letter and the company ignored them, and then ask what they should do next....if you threaten to sue, then sue. I think all these companies get a thousand ITS letters and they throw them away because very few people actually follow up on it. Its like the generic debt validation letters, everyone has seen them a thousand times.
I once wrote an ITS letter, and indicated I was going to seek legal counsel. I outlined everything, all the violations etc, clear as day. I was also ignored. I followed through with the lawsuit, but consulted with an attorney. The attorney said it was an open and shut case in my favor. I said I had outlined everything to the other party, and asked why did the lawyer think they ignored me. The lawyer said people send empty threats all the time. The lawyer said if you were going to get a laywer, then the lawyer would be writing the letter, you wouldn't be writing it yourself. The lawyer also said people take far more notice when they receive something on a laywers letterhead.
If you want to "show your serious", contact an attorney, and if applicable, file the suit. Sending a letter with paperwork does not show you are serious.
That is actually VERY helpful! I've already been contacted by a lawyer but was trying to see if I could save the extra money but your right that is the best way to show them I'm serious. I REALLY appreciate your advice. Thanks!
I agree, don't send an ITS unless you fully mean to bring suit against them.
@igids1 wrote:I have to ask...what is the purpose of sending an ITS letter? Is it a legal requirement? I only ask because, if you are going to sue them, sue them. I see so many posts where people say they sent an ITS letter and the company ignored them, and then ask what they should do next....if you threaten to sue, then sue. I think all these companies get a thousand ITS letters and they throw them away because very few people actually follow up on it. Its like the generic debt validation letters, everyone has seen them a thousand times.
I once wrote an ITS letter, and indicated I was going to seek legal counsel. I outlined everything, all the violations etc, clear as day. I was also ignored. I followed through with the lawsuit, but consulted with an attorney. The attorney said it was an open and shut case in my favor. I said I had outlined everything to the other party, and asked why did the lawyer think they ignored me. The lawyer said people send empty threats all the time. The lawyer said if you were going to get a laywer, then the lawyer would be writing the letter, you wouldn't be writing it yourself. The lawyer also said people take far more notice when they receive something on a laywers letterhead.
If you want to "show your serious", contact an attorney, and if applicable, file the suit. Sending a letter with paperwork does not show you are serious.
To answer this, I have sent an ITS letter to a creditor so I know it can be done and I was not ignored due to me having serious proof which was outlined in my ITS letter which I gave copies to the creditor. I have no problem suing a creditor. Creditors should not ignore those letters. Because there are people like me who will actually file and win.
@jadeite788 wrote:
@igids1 wrote:I have to ask...what is the purpose of sending an ITS letter? Is it a legal requirement? I only ask because, if you are going to sue them, sue them. I see so many posts where people say they sent an ITS letter and the company ignored them, and then ask what they should do next....if you threaten to sue, then sue. I think all these companies get a thousand ITS letters and they throw them away because very few people actually follow up on it. Its like the generic debt validation letters, everyone has seen them a thousand times.
I once wrote an ITS letter, and indicated I was going to seek legal counsel. I outlined everything, all the violations etc, clear as day. I was also ignored. I followed through with the lawsuit, but consulted with an attorney. The attorney said it was an open and shut case in my favor. I said I had outlined everything to the other party, and asked why did the lawyer think they ignored me. The lawyer said people send empty threats all the time. The lawyer said if you were going to get a laywer, then the lawyer would be writing the letter, you wouldn't be writing it yourself. The lawyer also said people take far more notice when they receive something on a laywers letterhead.
If you want to "show your serious", contact an attorney, and if applicable, file the suit. Sending a letter with paperwork does not show you are serious.
To answer this, I have sent an ITS letter to a creditor so I know it can be done and I was not ignored due to me having serious proof which was outlined in my ITS letter which I gave copies to the creditor. I have no problem suing a creditor. Creditors should not ignore those letters. Because there are people like me who will actually file and win.
And you followed up a lawsuit because you have documented proof. I believe that is what is being advised here.