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  1. #1
    girliegirl is offline Senior Member
    Join Date
    Dec 2001
    Posts
    312
    Ok, guys. I am not being lazy, but I have tried to search for an intent to sue sample letter and my computer is moving waaaaaaay too slow. Do any of you have a link to a good sample letter (intent to sue) that I can fax to a couple of collection agencies before I actually go file suit for multiple FDCPA and FCRA violations? Thanks a bunch.

  2.  
  3. #2
    UNLV34 is offline Senior Member
    Join Date
    Dec 2001
    Posts
    272

    Re: Need Sample Intent to Sue...

    Hey GG,

    I found something for you to use, hope it works. Good luck during CHOD.

    UNLV34




    Incompetent Collection Agency
    Facsimile 312-555-1212

    Re: Account 800KMA269157

    NOTICE OF INTENT TO FILE LAWSUIT

    To Whom It May Concern:

    This letter shall serve as formal notice of my intent to file a lawsuit against your company, due to your blatant and objectionable disregard of the law.

    On 11-10-01, You received a demand for validation and cease communication letter from me. This was sent certified mail (7000001445230587) that was signed by Suzy Suckass on 11-13-01. As of today you have failed to provide me with the proof I have lawfully requested.

    I sent a 2nd letter, the estoppel letter on 12-17-01 via certified mail (7001005324857458) signed by Suzy Suckass on 12-21-01. All of these you have chosen to ignore.

    The FDCPA states you must cease collection activity until you have produced verification of the alleged debt if so requested. As per the FTC, this includes reporting to the credit bureaus, which you obviously have done illegally. It is quite evident that no such proof of this alleged debt exists or you would have provided it in the previous 4 months since it was requested. Also, when an alleged debt is disputed, a notation must be entered on the debtors credit report showing the item as in dispute. Again, this was not done.

    I’m sure you are aware of the consequences in violating the Fair Credit Reporting Act and the Fair Debt Collection Practices Act as well as the multiple violations your company is now responsible for. If not, let me point them out for you.

    FCRA
    1. § 623. Responsibilities of furnishers of information to consumer reporting agencies [15 U.S.C. § 1681s-2] (a)(3) – Duty to provide notice of dispute.
    2. § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (5) Treatment of inaccurate or unverifiable information.

    FDCPA
    1. § 805. Communication in connection with debt collection [15USC1692c] (c) Ceasing Communication
    2. § 809. Validation of debts [15 USC 1692g]

    As per the FDCPA:

    § 813. Civil liability [15 USC 1692k]
    (a) Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this title with respect to any person is liable to such person in an amount equal to the sum of --
    (1) any actual damage sustained by such person as a result of such failure;
    (2) (A) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000

    If you wish to resolve this matter, this will be your last opportunity to do so. The following items must be deleted from my credit files with the four major credit reporting bureaus (Equifax, Experian, Trans Union and Innovis) within 72 hours or by January 25, 2002 and you forward a letter to me via facsimile stating they have been removed and will not reappear on my credit reports again by you or another collection agency.

    Account # 800KMA269157


    Please be aware if these accounts are not deleted by January 25, 2002, I will be filing a lawsuit for multiple violations of the Fair Credit Reporting Act and The Fair Debt Collection Practices Act. I will be seeking civil liability in the amount of $1000 per violation. Please also be aware I will file a formal complaint with the Federal Trade Commission, The Illinois State Attorney General, The Texas State Attorney General and the Better Business Bureau. Thank you and I look forward to resolving this most expeditiously.


    Christi

    cc: My attorney, esq
    Federal Trade Commission
    Texas Attorney General
    Illinois Attorney General
    UNLV34

    EX 561
    EQ 498
    TU 418

  4. #3
    girliegirl is offline Senior Member
    Join Date
    Dec 2001
    Posts
    312

    Re: Need Sample Intent to Sue...

    Thanks UNLV! This was the exact one I was looking for. Just to tell you how slow my computer is, I even put in Christi's name as the author and the words "Suzy Sucka$$" as the keywords (because I remembered when she posted that, laughing my butt off!) and my computer just sat there searching for over 20 minutes!

    Thanks again! You are A*W*E*S*O*M*E !

    Good luck with CHOD to you, too!!!

    ;o) girlie

  5. #4
    Jeff Guest

    Re: Need Sample Intent to Sue...

    NOTICE OF INTENT TO SUE

    Mr. XXXX

    Please be aware that I have sent XYZ CA two validation demand letters by certified mail. My certified return receipt cards show that these letters were signed for by XYZ CA on July 20, 2001 and August 30, 2001.

    Your failure to follow the law has forced me to have a lawsuit drafted against you for the following:

    1) Violation of the Fair Credit Reporting Act
    2) Violation of the Fair Debt Collection Practices Act
    3) Defamation of credit
    4) Negligence
    5) Loss of opportunity
    6) Injunction seeking immediate court ordered relief from further credit damage.

    My lawsuit will be filed in Washington State without further notice. I will be seeking damages in excess of $15,000.

    If you agree to delete all information from my credit reports and permanently close this matter, I will agree to not seek the damages to which I am entitled. This offer will not be available once my lawsuit is filed.

    I can be reached at XXX-XXX-XXXX

    Sincerely,



    Jeff

    This is a Lizardking letter that I changed a bit. I have had good results with this letter. I believe that keeping your intent to sue letters brief is best. You are only informing them that you intend to sue. Keep the specifics for the filing IMO.

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