I got this today in the mail

[jessegirl]

So I get this in the mail today - from BOA

We recently received your letter that we no longer contact you. We understand that you perfer not to receive calls and we will honor your request. However, please understand that if we do not receive a payment of $$$$ by August 19th we may refer your account to outside counsel for legal proceedings. This may result into legal action being taken against you.

My attorney gave me a cease and decent letter to send to them.
I have only missed 2 payments and they are already going to take legal action. Should I call them and tell them that I am filing. They have called here and I have told them, but as all of the other CC's say, oh they didn't note the file.

Has anyone else encountered this? Does that mean they will sue me? I haven't filed yet, we plan on doing it either sept or oct. What should I do?
Should I give it to attorney or what?

[MomIcantFindmy]

I would give it to your attorney and not worry about anything else. If they try to sue you it will still take a bit to get a court date and your attorney can then do an emergency filing if necessary. Once you file all legal action is halted by the automatic stay.
Good luck.

[TEW]

Jesse I am not sure have you filed yet?

[Keebler]

I'm in Texas and it's a little less worthwhile for creditors to sue because they can't garnish wages. But...

I got a letter from an attorney titled "Notice of Intent to Sue" and I responded with a Debt Validation letter. Not only did they not validate the debt, but they never contacted me again and the definately never sued me. (The letter was several months ago.)

My point is that the collections business revolves around scare tactics and many of the threats are hollow.

Your letter says we MAY refer you to outside cousel and it MAY result in legal action. Mine was very blunt and to the point and yet it was still a bluff.

All you need to do is be mentally prepared to respond to a suit and kind of be ready to file quickly if the need arises. The odds are good that absolutely nothing will actually happen.

[jessegirl]

TEW - No we haven't filed yet, possible sept or Oct. I just need to scrap up the Damn money to pay the attorney. I was going to sell some small items, like used clothing etc. But I am scared to do that, cause some people say that it will be added to my income. All i want to do is sell and what ever I make turn over to the attorney, but don't want to add to my income. Craigslist is not an option cause clothes do not resell in my area. Ohhhh the problems....

[duplantisjj]

TEW - No we haven't filed yet, possible sept or Oct. I just need to scrap up the Damn money to pay the attorney. I was going to sell some small items, like used clothing etc. But I am scared to do that, cause some people say that it will be added to my income. All i want to do is sell and what ever I make turn over to the attorney, but don't want to add to my income. Craigslist is not an option cause clothes do not resell in my area. Ohhhh the problems....

I got tons of those letters from BoA before I filed. I owed them probably $20K. I went 6 months without payments to them and probably after 3 months I got the "legal action" threat letters. Funny thing is, at the last month or so before filing I got letters giving me the option to pay them 30% of the balance to close the accounts and clear my credit.

If you're this close to filing (Oct) I wouldn't even worry about it. There's quite a few steps that BoA has do in order to actually sue you and you would know it's happening by court letters from an official district/county court, not a collection attorney.

[jessegirl]

Thanks for all your answers, its good to know that they are hopefully just trying to scare me.

[AngelinaCat]

Hi jessegirl: Yes, just give it to the attorney. That's what you paid him/her for.

[No Gravy]

So I get this in the mail today - from BOA

We recently received your letter that we no longer contact you. We understand that you perfer not to receive calls and we will honor your request. However, please understand that if we do not receive a payment of $$$$ by August 19th we may refer your account to outside counsel for legal proceedings. This may result into legal action being taken against you.

Emphasis mine

They "may" do a lot of things. They "may" be abducted by aliens and be forced to wear plaid jumpsuits. Not likely though.

I'm not suggesting you couldn't be sued, sooner or later, but it's a scare tactic to say "we may sue you." By law they can't threaten any action unless they fully intend to follow through, which is why they don't word it "we WILL sue you", because they may not. It all depends on the amount you owe, if they think they could win, and what - if any - assets you have.