Legal Question in Credit and Debt Law in Missouri

Re: notice to file suit

Following up on what Mr. Nack said, you need to send a copy of the letter you got to the Office of Chief Disciplinary Counsel in Jefferson City. A solicitation letter is appropriate under some limited conditions, and the OCDC can tell you whether this attorney crossed the line. If you get a copy of a petition and summons, then you have a lawsuit filed against you. However, an attorney so desperate for business that he would review filings and write letters of this variety may simply be aware of your financial condition, and be exploiting it for personal gain. If you are sued, don't ignore it. Until you are, however, you should send the letter to the OCDC for review. Attorneys have an ethical obligation to protect the public from unscrupulous attorneys or bankruptcy preparers. Your assistance will help the Bar police itself.

Re: notice to file suit

The best thing you can do is to hire an attorney to advise you. You might be able to obtain a free initial consultation, in fact, I offer these myself. Your post does not say that you have been served with the Petition and summons in any lawsuit filed by any creditor. If you are served, then you will have thirty days to file a responsive pleading in Court. You do not want to ignore this. You do not want to deal directly with the creditor or the creditor's attorney. Your question also suggests to me that some attorney who files bankruptcy for people, ran a check for new suits filed by creditors and then sent out a solicitation letter to those people who are being sued trying to get their legal business. Some attorneys also review the police booking sheets and then write to the people who have been arrested trying to get their business. This was entirely unethical and illegal for attorneys to do for many, many years, and I personally believe that it should still be prohibited. To me, it is what used to be called 'ambulance chasing" or worse. To those attorneys who do this type of thing it is probably only one of many such allowable ways of trying to get business. Most really good attorneys already have more than enough business and do not need to stoop to such tactics. Please consult with a competent, ethical attorney to obtain specific legal advise on your current situation. You will be glad that you did.