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  1. #1
    Join Date
    Aug 2015
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    2

    Default Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    My question involves collection proceedings in the State of: TENNESSEE
    I have a lease agreement from a credit card machine and an old business we closed in Nov 2004, sent the machine back paid the I believe it was the 900.00 return fee and all was suppose to be done. Now 10 years later I've received a letter of intent to sue for the full amount of 3,100.00 if not paid in full. The collection company is out of NY NY and they are sueing us out of Chicago IL. Don't know what to do we are now on a fixed income and not sure where to turn. PLEASE HELP

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    Quote Quoting arif
    View Post
    My question involves collection proceedings in the State of: TENNESSEE
    I have a lease agreement from a credit card machine and an old business we closed in Nov 2004, sent the machine back paid the I believe it was the 900.00 return fee and all was suppose to be done. Now 10 years later I've received a letter of intent to sue for the full amount of 3,100.00 if not paid in full. The collection company is out of NY NY and they are sueing us out of Chicago IL. Don't know what to do we are now on a fixed income and not sure where to turn. PLEASE HELP
    A letter of intent to sue is not an actual lawsuit. Where was the business that was closed? Was in TN?

    The statute of limitations for debt in TN is 6 years. Therefore if the business was in TN and you haven't left TN then they are past the statute of limitations. If they do sue you then you defend yourself accordingly.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    Agree.

    You are probably safe to ignore it.

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    Caution..if you pay anything or make a new promise to pay you probable reset the time lock against you

  5. #5
    Join Date
    Aug 2015
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    2

    Default Re: Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    Quote Quoting llworking
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    A letter of intent to sue is not an actual lawsuit. Where was the business that was closed? Was in TN?

    The statute of limitations for debt in TN is 6 years. Therefore if the business was in TN and you haven't left TN then they are past the statute of limitations. If they do sue you then you defend yourself accordingly.
    Yes the business was in TN and I'm Still here. Can they take me to court in Chicago IL? Should I contact this legal firm and in Il that wants to sue me?

    - - - Updated - - -

    Never had any contact with them as of yet. No promises of payment nothing never even knew we owed anything till this popped up

  6. #6
    Join Date
    Mar 2013
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    18,340

    Default Re: Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    Quote Quoting arif
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    Yes the business was in TN and I'm Still here. Can they take me to court in Chicago IL?
    Obviously, they CAN file a suit in Chicago but you can probably get it dismissed rather easily. There would still be an SOL defense (even the IL SOL is 10 years and has likely run out) and a "personal jurisdiction" defense (google it).

    Quote Quoting arif
    View Post
    Should I contact this legal firm and in Il that wants to sue me?
    If you aren't willing and able to pay, I don't see the point.

  7. #7
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Intent to Sue Letter Issued Over a Ten-Year-Old Debt

    Quote Quoting adjusterjack
    View Post
    Obviously, they CAN file a suit in Chicago but you can probably get it dismissed rather easily.
    That assumes, of course, that the contract does not specify that any lawsuit between the parties may be filed in Illinois and does not specify which state’s law applies. The OP will want to read his contract with the company carefully to see what it says about that. Note, too, that in some states if you appear to contest the lawsuit at all, you are considered to have consented to that state’s jurisdiction. In such a state, you don’t want to answer the lawsuit and seek dismissal for lack of personal jurisdiction. Instead, you’d want to not respond at all and contest the matter when the judgement creditor tries to domesticate any default judgment it obtains. I do not know what rule IL uses, and won’t research it now as we don’t yet know if the collector will file a lawsuit at all, let alone where it will be filed.

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