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Discussion in 'Credit Talk' started by LKH, Aug 19, 2001.
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They probably think you are blowing smoke...NOT! You go get 'em! Good luck!
Sending a letter warning of an impending lawsuit often nets no results. Lawyers sometimes see an offer to "settle" something that isn't even filed as the work of somebody who really doesn't have a case. After all, they reason, if the guy had a case he would have already filed. They also figure that there's nothing to settle yet until they are presented with a formal court-registered complaint. Unfortunately their thinking bears fruit 99.9% of the time. For every actual filed lawsuit they're served, they'll receive thousands of threatening letters along the lines of "You better do what I want or else I'll sue." If I were you, I'd simply file tomorrow. There's really no reason to wait.
Might be better to tell them how to avoid going to court after they get the notice!
start typing the complaint.
You'll have to sue them in all likelihood.
I'm in the same boat. Will be filing next Monday.
I was under the assumption that small claims was "fill in the blank". Do we have to type up a detailed complaint? I'd like them to have as little info as possible, even in the complaint.
Can the complaint for small claims just say "for violations of the FCRA, failure to verify, and failure to provide verification process information"?
If you didn't send them a copy of the actual document that you plan to file, all complete, then they most definitely will just think you are blowing smoke and don't have a case to file.
If you send them a completed, ready to file document, they take yo a bit more seriously.
my demand letter is going out on the 31st to them.. and i will be filing on september 15. my goal is to have perfect credit by mid october, so i'll keep you guys posted as well.. jeez, just between the members on this board alone, there are multiple lawsuits going on..
Yes, and I'm fixing to file a few myself this month.
One will be going to district court on two houses for action in quiet title to take them back away from the bank that took them away from me 5 years ago, another, a probable but still unsure, will be against a collection agency who placed a hickey on my credit report for a $111 debt that wasn't even mine and then I'll put another one on them for failing to demand accounting of all my assets and liabilities prior to putting the hickey on me, and I'll most likely put one on each of the 3 credit bureaus for not properly investigating it
So if I file all of those, I'll be having lots of fun too.
Good luck LKH!