Notice of intent to sue

[vali1961]

Received notice of intent to sue from W&A. I DV-ed 3 times. They answered asking for time to verify. Haven't heard anything for 6 months by now. I live in Texas. It is possible for them to sue me without serving me????? or to do something harmfull without notifying me?

Many thanks

[hiblues]

I'm not a lawyer but I believe

an ITS is a warning...

people on this board send ITS letters frequently,

then commonly the

CA will delete the TL and then they never actually sue.

It sounds like they are just giving you notice,

" hey, if you don't pay this we will sue you"

and

by law they cannot threaten to sue unless they plan to do it

so it's probably real

especially since it's in writing.

When did they say they will sue?

[someonesomewhere]

Received notice of intent to sue from W&A.

What exactly do you mean by this? Did you receive something in the mail stating to the effect, "We're going to sue you if you do not ..."? Did you receive a knock on the door from a process server and were served with a summons and complaint?

I DV-ed 3 times. They answered asking for time to verify. Haven't heard anything for 6 months by now.

If it was a timely DV, then they can take all the time in the world to verify. However, they must stop collection efforts, and that includes sending you a letter saying "We intend to sue you."

Sounds like W&A is now in violation.

http://www.creditinfocenter.com/legal/FDCPA.shtml#809

http://www.creditinfocenter.com/eBooks/PoorMansClassActionLawsuit.shtml

Continue to keep good records. Each call they make to you or letter they send to you, without validating, is a violation.

[walterg55]

You need to take a hard look at Texas Financial Code Chapter 392. It gives you the tools to chew W&A a new *******. Texas laws are consumer friendly and have real teeth in this area. I posted parts of the chapter in this forum.

[Recovering Attorney]

Is it an NAF arbitration claim? If so, do not tarry!!!!

[MissaFraQ]

RA, could this also be a possible case of overshadowing?

[vali1961]

It's CC debt purchased by a CA, at least claimed that way. CA hired W&A as lawyers. Immediately they contacted me I send a DV and 2 other DV later. Their first contact was to let me know they own the debt and second contact was to tell me W&A was intending to sue me. Asked for validations. They answered with a first page copy from the CC application. Nothing heard from them since(6 months ago) I was just wondering if they could have done something behind my back without letting me know. Like I mentioned earlier I live in TX where I believe they have to give you a summon to be propely served( I am not sure about proper servings). I mean I can not be sued without knowing, I hope, can I?

You guys are the best

[someonesomewhere]

If you timely DVed them, they would seem to be in violation. And since you're in Texas, you don't even have to timely DV. They are still in violation.

If they never validated with anything of substance, then every letter and call is a violation. Continued reporting to the CRAs is a violation--at least one violation for each CRA I believe.

Have you pulled your CRs, and are they reporting to the CRAs? If so, then they are still in violation. Dispute with the CRAs, tell 'em the CA never validated, and they need to reinvestigate and delete.

[vali1961]

Thanks to everybody. It is good to know there is a light at the end of the tunnel.