Being sued for $40,000.00 (credit report, litigation, legal)

[Sunscape]

Originally Posted by user8

Stop what you are doing immediately and contact a lawyer.

Do NOT speak to any insurance agent. At all. NOT A PEEP other than that you won't be talking to them until you've spoken to your lawyer.

They will do anything they can to put the screws to whoever's easily blamed.

Agree with this.

[Mike1306]

You received a letter, they are feeling out the situation.
Personally I wouldn't reply and also wouldn't be worrying about running out to get an attorney unless you get served or if you check the clerk of court for your county and see papers have been filed for a suit. Most clerks you can check online searches and just put in your name.
About the only thing I might do is go get a lab test done and have yourself tested for smoking and just keep that available if they do try to sue. I wouldn't bring it up to them though until they throw the accusation in the suit that you threw the lit cigarette.
Most letters like this are feelers to see if they get anyone to bite and just start paying, once one payment is made or they are contacted about a payment plan even if the person refuses to pay they now have proof that the person contacted about paying which would throw some seed of doubt if it went to jury trial later. If you don't reply at all they may just go away and take their loss.

[BucFan]

Will a $40k claim against the OP affect his credit rating?

Also, isn't the title of the thread misleading. Being sued means being taken to court.

[DustanB]

Sorry BucFan if the title was misleading i put this post up right after I got the letter and sued is what came to mind.

Thanks for everyones input. I did call the insurance company and talked to the recovery specialist that sent me the letter and I told him this : I said your information is wrong. I do not smoke ciggarattes and I did not cause the fire. I honestly feel harrassed that im even receiving this letter. The house is on a open lot so this could of been caused by anyone. It would be extremely easy for my lawyer to show that I am not responsible for this because I do not smoke and did not cause the fire.

Anyway The recovery specialist Miguel barely spoke english but it sounded like he said. You say you dont smoke you dont smoke but you were the only one home so your responsible.

I think their just trying to scare me so im not going to do anything else unless I receive another letter than I will definatly lawyer up.

[DustanB]

And yes Bucfan that is what im worried about the most because I have amazing credit right now that i have worked really hard to get and keep and if this ends up affecting it I would be pretty upset.

[BucFan]

Originally Posted by DustanB

Sorry BucFan if the title was misleading i put this post up right after I got the letter and sued is what came to mind.

Thanks for everyones input. I did call the insurance company and talked to the recovery specialist that sent me the letter and I told him this : I said your information is wrong. I do not smoke ciggarattes and I did not cause the fire. I honestly feel harrassed that im even receiving this letter. The house is on a open lot so this could of been caused by anyone. It would be extremely easy for my lawyer to show that I am not responsible for this because I do not smoke and did not cause the fire.

Anyway The recovery specialist Miguel barely spoke english but it sounded like he said. You say you dont smoke you dont smoke but you were the only one home so your responsible.

I think their just trying to scare me so im not going to do anything else unless I receive another letter than I will definatly lawyer up.

Too bad you can't counter-sue for pain/suffering that his company is doing to you. It was traumatic enough for you to go through the fire and the aftermath, and this jackwagon of a company is doing this. Makes you want to go burn their building down, doesn't it (only kidding).

Definitely would go to an insurance type lawyer - crazy, now that you'll likely have to spend money to defend yourself.

[Occifer]

You received very good advice from user and Annie. DO NOT have ANY more contact with the insurance company! Talk to a lawyer and let the lawyer handle everything from this point on.

[Mike1306]

I really don't understand why there is all this talk about rushing to see a lawyer. There is no lawsuit, there is a letter that was trying to scare him in to paying something.

The best advice is to ignore the letter, if they do try to sue you can then go see an attorney. You would then have the initial pleading of the suit for the attorney to look at, right now you have nothing much to show an attorney and would be wasting time and money. Even if you got a free consult now, you would be wasting the free consult when you would have to return with the actual pleadings.

[user8]

Originally Posted by Mike1306

I really don't understand why there is all this talk about rushing to see a lawyer. There is no lawsuit, there is a letter that was trying to scare him in to paying something.

The best advice is to ignore the letter, if they do try to sue you can then go see an attorney. You would then have the initial pleading of the suit for the attorney to look at, right now you have nothing much to show an attorney and would be wasting time and money. Even if you got a free consult now, you would be wasting the free consult when you would have to return with the actual pleadings.

Yes. Use it as toilet paper, then mail it back to them.

[BucFan]

Originally Posted by Mike1306

I really don't understand why there is all this talk about rushing to see a lawyer. There is no lawsuit, there is a letter that was trying to scare him in to paying something.

The best advice is to ignore the letter, if they do try to sue you can then go see an attorney. You would then have the initial pleading of the suit for the attorney to look at, right now you have nothing much to show an attorney and would be wasting time and money. Even if you got a free consult now, you would be wasting the free consult when you would have to return with the actual pleadings.

With an outstanding $40k debt, will his credit be affected?