Hi all. Here's the draft I have for an Intent to Sue letter to Equifax. I'm going to attach a copy of the Complaint I will file in my county if they take no action. Please let me know what you think Hi all. I'm working on an intent to sue for Equifax. It was been 60days with no response from my dispute. Please let me know your thoughts! Thanks!!!! Jane Doe 1234 Main St. ABC, MI 12345 111-11-1111 RE: Tradeline “All State Credit Bureau, Acct # 563334 Equifax Information Services LLC PO Box 740256 Atlanta, GA 3374 Dear Sir or Madam: I have sent numerous Certified letters to you (copies of return receipts enclosed), requesting that you remove inaccurate information on my Credit Report and you have failed to do so. Accordingly, I can show a judge the above aforementioned account is inaccurate and that you have willfully violated 15 U.S. Code § 1681i: (a) Reinvestigations of disputed information (1) Reinvestigation required (A) In general Subject to subsection (f), if the completeness or accuracy of any item of information contained in a consumer’s file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. (B) Extension of period to reinvestigate Except as provided in subparagraph (C), the 30-day period described in subparagraph (A) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation. (C) Limitations on extension of period to reinvestigate Subparagraph (B) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph (A), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information cannot be verified.\ Be advised that unless this matter is settled to my satisfaction within ten days of your receipt of this letter, I will file suite in Wayne Country Small Claims Court, asking for damages in the amount of $1,000, plus court costs. Attached is the Complaint I will file unless I hear from you shortly. On June 14, 2016, I sent a letter to Equifax via United States Postal Service Certified Mail, disputing the tradeline furnished by All State Credit Bureau, having acct# 563664: I have proof that you received said letter on June17, 2017. I received no response from Equifax after thirty (30) days. On _____, I sent an additional Certified letter, which you received on June ____. “RE: Disputer Letter 6/14/2016 To whom it may concern: This letter is formal notice that you have failed to respond to my dispute letter I sent on June 14, 2016. I sent this letter via registered mail, and have enclosed a copy of the return receipt which you signed on June 17, 2016. Federal law requires you to respond within 30 days, yet you have failed to respond. Failure to comply with these federal regulations by credit reporting agencies are investigated by the Federal Trade Commission (see 15 USC 41, et seq.) I am maintaining careful records of my communications with you on this matter; for the purpose of filing a complaint with the FTC should you continue in your non-compliance. I further remind you that, as in Wegner v. Trans Union Corp., No. 95-6445 (C.D. Cal. Nov. 14, 1995), you may be liable for your willful non-compliance. The following information needs to be deleted from this report as soon as possible: ALL STATE CREDIT BUREAU 5636XXXX This listed item is completely inaccurate and incomplete, and is a very serious error in reporting. Please delete this misleading information, and supply a corrected credit profile to all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes. Additionally, please provide the name, address, and telephone number of each credit grantor or other subscriber. Under Federal Law, you had 30 days to complete your investigation, yet you have failed to respond. Sincerely, Jane Doe Enclosed: Copy of driver’s license and residence, copy of above-mentioned listing on credit report, copies of Certified USPS mailing receipt and tracking information” It has been _____ amount of days, and I have received no response from Equifax. Per JENNIFER CUSHMAN, Appellant v. TRANS UNION CORPORATION, because your non-compliance to the FCRAs requirements is willful, I can recover punitive damages. I hope we can resolve this problem short of legal action—all I really want is to have this inaccurate information deleted from my Credit Report. Sincerely, Jane Doe
Just a word, you may want to file not in Small Claims Court, but in the Federal District Court, because local courts don't necessarily understand Federal Law; or the logic of a CRA being penalized $1,000.00 for not sending a letter letting you know that an investigation has been completed and what action was taken as a result of that investigation. The process is still about the same, but you get a more knowledgeable court.
Which form did you use to file, and do you need an attorney? Also, do you think it would be to my advantage if the small claim court weren't knowledgeable?
I've done all of my federal court cases pro se. Each district court may have their own template, but typically they should all be similar to the ones found on the main US Courts web site. Forms | United States Courts Template... Pro Se 1 Cover Sheet... JS 44 Depending on your income and assets you may even qualify to proceed for free... AO 239 or AO 240 Proceeding for free gives you all the bang of filing a federal law suit, without the bucks... It's never an advantage to go with a court that may not be knowledgeable. To an unknowledgeable court, the FCRA's damages of up to $1,000.00 and a minimum of $100.00 for willful violations of the FCRA may seem to be extraordinary. Heck, to some judges which should be knowledgeable of why the law sets high penalties for consumer protection laws, they'll still see them as extraordinary, but hopefully realize that the reason they are so is because you may be only one of a thousand people who realize that their rights have been violated, and decide to take action.
Thanks Jam. So I'm looking at the Civil Cover sheet. Did you select "Other Statutes--> Consumer Credit"?
