TXDad8 Posted August 20, 2021 Report Share Posted August 20, 2021 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? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted August 20, 2021 Report Share Posted August 20, 2021 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. Quote Link to comment Share on other sites More sharing options...
BV80 Posted August 20, 2021 Report Share Posted August 20, 2021 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. Quote Link to comment Share on other sites More sharing options...
TXDad8 Posted August 21, 2021 Author Report Share Posted August 21, 2021 I'm gonna get the DV letter to the post office in the morning. So it will a waiting game. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted August 21, 2021 Report Share Posted August 21, 2021 7 hours ago, TXDad8 said: I'm gonna get the DV letter to the post office in the morning. So it will a waiting game. Send it certified mail return receipt requested. More expensive but it gives you proof you sent it. Quote Link to comment Share on other sites More sharing options...
TXDad8 Posted August 23, 2021 Author Report Share Posted August 23, 2021 On 8/21/2021 at 5:06 AM, BackFromTheDebt said: Send it certified mail return receipt requested. More expensive but it gives you proof you sent it. Sure did. 1 Quote Link to comment Share on other sites More sharing options...
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