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Need to make a choice.. need help


smartblond
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I recieved a letter from a local collector/firm today for an old bill for Shell Oil 713.00 (dont think its worth sueing over but you can never tell)

It was a dunning letter which is at least six months over the SOL so

do I send a DV anyway? Skip the DV and send the form letter on the site informing the I dispute the debt and its out of SOL (I understand sometimes if you send a DV they just go to sue and frankly I dont want to time from work to go to court)

or just ignore them.. which choice is best and why

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If I receive a letter from a collector on a debt that might be within Statute of Limitations (SOL), then I'll send DV letter.

If I know SOL has expired and I receive correspondence, I still respond simply to practice letter writing; see what works best; see if they'll break more laws; basically just mess with them a little.

In any case it's always good to respond because it allows you to maintain a certain amount of contol over the situation, and to let them know that you aren't going to roll over. Just confine your correspondence to writing.

And no, I've never had negative results from responding in writing to a debt collector.

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thanks..

the reason I asked is because I have read on several posts that people have sent DV letters and then ended up with a summons...

I would like to avoid that tactic.. since it seems to be the popular one these days :)

As far as keeping it all in writing , I do just that.. I never get on the phone.. EVER with CA's

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In my experience, if a creditor feels that sueing you is in their best interests, they’ll sue you no matter what you do or don’t do.

The problem with a C&D letter is that it leaves a creditor only two options; they can either drop the issue or sue. So, sometimes, a C&D letter will trigger a suite. But again, I’d say only if they feel it’s in their best interests to do so.

I doubt they’ll sue on a relatively small amount and if this debt is past the SOL then you have a strong affirmative defense against a lawsuit.

Of course, there is no guarantees - when you go to court there simply aren’t any guarantees no matter how “right” your position happens to be. But, if a debt is truly past the SOL then you can feel pretty confident in sending a C&D letter.

As has already been suggested, I think it’s always better to respond – doing nothing is always an option but usually not the best one.

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