Jump to content

Letter from Rausch and Strum (Texas)


TXDad8
 Share

Recommended Posts

I received a letter from Rausch and Strum about 10 days ago. The letter said the debt is from an assignee for synchrony bank.  It's an account that is saying that is owed about $1600. I have typed up a generic Debt Valadation letter and they said I have 30 days to send it. The statue of limitations are up in 10 months (4 years in Texas). So I dont want to poke the bear so to speak by sending this letter. So should I send it? 

 

I have read that if they file, they wont follow me thru for abritation, But I have also read that Texas courts sometimes dont grant the abritation. So if it gets dragged thru court, I'm afraid the 1600 will quickly turn into 4000. But I have also read that abritation will cost them more than the debt is worth but that's if the court grants it. 

 

Just kinda freaking out. I have a speech impediment so I'm gonna look like a fool in court. I have already talked to a local debt lawyer and he wants $1200 to represent me in court. Money that I obviously dont have. 

 

Any thoughts or suggestions? 

Link to comment
Share on other sites

  • TXDad8 changed the title to Letter from Rausch and Strum (Texas)

First off, @texasrocker knows far more about Texas courts than I do.  If his advice contradicts mine, follow his advice.  
 

Rausch is notorious for going after the low hanging fruit.  After dealing with me in two cases in Wisconsin, they had enough of me.   When they got a third case I called them up and told them to return the case. They did. 
 

Sending a DV letter is a warning that you may not be low hanging fruit.  I would suggest putting in the letter that you elect arbitration and demand that all disputes be settled in arbitration.  My guess is, rather than poking the bear, this will slightly decrease your chances of getting sued.  
 

As far as courts denying arbitration— that is a violation of a Supreme Court decision, but it happens.  Your choices are to either file arbitration before they sue or else wait for them to sue and file an MTC.  Both have their risks.  

Link to comment
Share on other sites

11 hours ago, TXDad8 said:

I received a letter from Rausch and Strum about 10 days ago. The letter said the debt is from an assignee for synchrony bank.  It's an account that is saying that is owed about $1600. I have typed up a generic Debt Valadation letter and they said I have 30 days to send it. The statue of limitations are up in 10 months (4 years in Texas). So I dont want to poke the bear so to speak by sending this letter. So should I send it? 

 

I have read that if they file, they wont follow me thru for abritation, But I have also read that Texas courts sometimes dont grant the abritation. So if it gets dragged thru court, I'm afraid the 1600 will quickly turn into 4000. But I have also read that abritation will cost them more than the debt is worth but that's if the court grants it. 

 

Just kinda freaking out. I have a speech impediment so I'm gonna look like a fool in court. I have already talked to a local debt lawyer and he wants $1200 to represent me in court. Money that I obviously dont have. 

 

Any thoughts or suggestions? 

We have no way of knowing if sending a DV letter will poke the bear.  However, they should not be able to file a lawsuit against  you, or at least serve you with a lawsuit, until they validate the debt after receiving a timely request.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.