If you threaten to sue, do you have to follow through?

My husband says it's illegal to threaten and not do it. He says you can be sued for not following through. He says when he worked in collections if you threated a dead beat with action you had to file within 24hrs or be sued.

My brother says that's not true, lawyers threaten to sue all the time and don't follow through. He says it's standard operating proceeder.

My husband and I are in Colorado, and my brother is in New York, but I doubt the laws are different.

Does anyone have "the" answer?

The answers are different for lawyers and collection agencies. Collection agencies generally should not threaten legal action as part of an effort to collect a debt unless they are prepared to do it. Lawyers pop off all the time.

I'll sue you!!!!! Not really.

not is NOT illegal! my dad has been threatening to sue my mum for years... you ax ne lawyer... it not true

No, that is not true at all. You do not have to follow through. For example, if you threatened to sue someone you bought a car from that ended up being a lemon you can easily change your mind. Keep in mind that verbally telling someone you are going to sue them is not even really official.

"First, you need to establish that you have a legal basis for your claim, consulting your solicitors if necessary. Next, you need to notify the other party, in writing, that you are considering commencing court proceedings, giving them an opportunity to put things right (for example, by paying an outstanding debt, or negotiating an acceptable settlement). If they fail to do so - and you believe they will be able to satisfy any judgment - you may proceed with a claim."