Q: Do I need to send letter certified mail, return receipt requested, relief from debt before suing civilly
My ex has me 23,000 in debt to him by lying. If I have proof of his deceet, should I ask him to legally squash it or just file small claims or civil suit and then provide the courts with my proof?
A: The small claims limit in Oregon is $10,000 so that may not be your best route. Not sure what you are thinking of filing in court. If he erroneously claims you owe him money, you simply don't pay him. His choice will ultimately be to either drop the matter or sue you for it in court - and you can then defend fully. It is possible that he could refer you to a collection agency but very few non-business entities do that. Even if he does, if you still refuse to pay, the only thing the collection agency can do is ding your credit record and either drop it or file suit themselves on the debt. If they did that, you would still have all the same defenses as if he sued you himself. Few collection agencies are likely to risk their own money suing you while being subject to defenses they know nothing about and have no idea if the defense is valid. Basically, you can just tell this fellow to get lost. Good luck.
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