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Notice of Intent to File Suit


Kitchenbathshop
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I just received a letter from a collection company, lawyer or some 3rd party that is acting like a collection agency or lawyer. I am not sure what it is yet.

I have spoken with these people over the phone several times to see if I can just settle the debt but they are un willing.

I received in the mail a letter that says notice of intent to file suit. However it just looks like a generic collection letter.

Here is what it says

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Law office of Roger J Illsley

Feb 11th

My address

xxxxxx

xxxxxxx

Re: Notice of intent to file suit

Original creditor: xxxxx

Balance due: $xxx.xx

Dear Sir/Madam

This office represents credit management service in connection with the above debt. I have reciewed your file and note that, notwithstanding the requests of my client, you have not paid this debt.

If my office has not head from you within the next 30 days, we will assume the debt is valid and I will advise me client to commence legal action against you to collect the debt. If you wish to prevent legal action, contact this office at xxx-xxx-xxxx to make arrangements for payment.

Pursuant to section 1033 of the california code of civil procedure, you are hereby notified that, if legal action is filed, it could result in a jedgement against you, whcih could include the cost of filing fees, service of process and reasonable attorney fees, when allowed by law. In addition, such a judgement might include any interest that has been accruing on you debt. You should also be aware that, if a judegement is obtained against you, credit Management services will be entitled to use the court process to collect upon that judgement, which may include, in appropriate cases, garnighment of a portion of your wages or the levy of execution by the sheriff n certain real or personal property that you own.

This is an attempt to collect a debt and any information obtained will be used for the purpose of collecting this debt. My demand for payment does not affect your right to dispute this debt.

Unless you, within 30 days after receipt of this notice, dispute the validity of the debt, or any portion thereof, the debt will be assumed to be valid by me. If you notify me in writting within 30day period that the debt, or any portion thereof, is disputed, I will obtain verification of the debt or copy of judgement and have such verification or judgement mailed to you. Upon your written request within the 30 day period, I will provide you with the name and address of the original creditor, if different from the current creditor.

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Then on the back it talks about the California state resenthal fair debt collection practices.

What should I send in response to this letter to dispute the claims or make it hard for them to collect?

Thanks

Rob

P.S. I read the validation letter on this website. Should that letter be sent or should something else be sent? Do I owe these people money or do I still only owe the original creditor?

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If you do DV them they can not file suit until such time as they properly validate the debt. Getting that out the door right away will give you some time to breath a little and figure out just what is going on with this.

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Have you DV'ed the credit management service? It appears like they have hired the Perry, Johnson, Anderson, Miller & Moskowitz Law Firm out of Santa Rosa. The lawyer who wrote that letter specializes in business litigation and estate planning, he is a jr partner there. The phone is 707 525-8800, is that right?

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Have you DV'ed the credit management service? It appears like they have hired the Perry, Johnson, Anderson, Miller & Moskowitz Law Firm out of Santa Rosa. The lawyer who wrote that letter specializes in business litigation and estate planning, he is a jr partner there. The phone is 707 525-8800, is that right?

No I have not DVed them yet, is that what I should do? Should I send them the letter that I have seen on this website?

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  • 1 month later...

I received a response from the law firm that sent me a collections letter and a notice to file suit.

They sent me a generic letter stating here is the information that I requested and all they sent me were copies of the original creditors invoices. Not even my purchase orders or signed contract.

Is this sufficient information from them for the DV that I sent. Does this cover all that I have asked for or are they just sending what they have which is not really enough information?

Please respond ASAP and let me know what action I should take next.

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Just curious,

You obviously retyped that letter as you read it, or does he really refer to his client as "me client" and say lude things like "

"If my office has not head from you with in the next 30 days"

Isn't it good to know that some of us really ready things and look for small details.

DV! them, also when disputing a debt consider instead of blindly firing off a DV as a cure all, were you satisfied with the business conducted with the OC? Sometimes I consider not paying a debt because I did not received the goods and or services I expected or they did not provided them as promised to be a good reason for not paying a bill. Just because someone racks up a bill doesn't mean that we point blank owe the bill in all accordance with their statement, or charges. Take some of that as food for thought when you’re DVing or in the DV process, incase you need to start setting your self up better as to why you owe the debt and didn't pay it. Also per your question as to whether you owe these people money or the OC, if you have a very good reason or dispute on the billing some have had success getting the OC to withdraw from collections. It really depends on what type of debt it is, what the products and or services were, etc. More than likely they are acting as authorized agents for the OC, or bought the debt, which could be even worse. So you may be stuck dealing with them. or not.

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Kitchenand bath,

Validation in reality is any credible document or documents that can convince a judge you incurred the debt. Invoices may suffice. Be sure to verify that you are protected by consumer law because commercially it could vary. Based on your comments you have already admitted to the debt so ID theft would be out. If you could convince the creditor your business is insolvent that would help!

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Just curious,

You obviously retyped that letter as you read it, or does he really refer to his client as "me client" and say lude things like "

"If my office has not head from you with in the next 30 days"

Isn't it good to know that some of us really ready things and look for small details.

DV! them, also when disputing a debt consider instead of blindly firing off a DV as a cure all, were you satisfied with the business conducted with the OC? Sometimes I consider not paying a debt because I did not received the goods and or services I expected or they did not provided them as promised to be a good reason for not paying a bill. Just because someone racks up a bill doesn't mean that we point blank owe the bill in all accordance with their statement, or charges. Take some of that as food for thought when you’re DVing or in the DV process, incase you need to start setting your self up better as to why you owe the debt and didn't pay it. Also per your question as to whether you owe these people money or the OC, if you have a very good reason or dispute on the billing some have had success getting the OC to withdraw from collections. It really depends on what type of debt it is, what the products and or services were, etc. More than likely they are acting as authorized agents for the OC, or bought the debt, which could be even worse. So you may be stuck dealing with them. or not.

Yes I retyped that exactly how it was sent to me. I do not think they have bought the debt, I think they are just a collections company attempting to collect just like other collection companies I have dealt with before.

The main reason I did not pay them is because they overbilled me for items I believe were supposed to be at a different price. When I received their bill I noticed that the price they billed me at was different than what was listed on my purchase order. This was a business transaction and I was buying goods which I then resell to my customers. I expected a different disount on the goods and then later when they billed me found out that it was not what I was expecting since I pay less with other suppliers. I attempted to contact the OC about the problem and they said that there was nothing they can do.

Anyway, should I re-DV them with a little more personal DV stating that invoices are not good enough to prove the 1st DV that I sent or was the information they sent normally good in this type of situation? I think that this letter is not even a collection attempt from the OC, but a collection attempt from the OC collections company, collections company.

Kinda like this

Original creditor >>> Collection Company for OC >>> Collection Company for Collection company of the OC.

Was that understandable?

Anyway, what should I do next in this situation?

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Kitchenand bath,

Validation in reality is any credible document or documents that can convince a judge you incurred the debt. Invoices may suffice. Be sure to verify that you are protected by consumer law because commercially it could vary. Based on your comments you have already admitted to the debt so ID theft would be out. If you could convince the creditor your business is insolvent that would help!

Is the OC invoices usually credible documentation to convince a judge or will a judge require more information than just the OC invoices?

Wouldnt my purchase orders or signed contract with the OC be a more valid or valuble DV documentation?

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1) That's just a modified dunning letter meant to seem more "ominous". As others have said, simply dispute the validity of it and watch the violations pile on.

One thing I did notice, however, is that someone said they can't sue you until such time as they validate the debt if you DV them. This is a myth.

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