CA Violation Lawsuit Example

Here is an example of a CA lawsuit. What, if any, USC Codes need to be changed to more accurately reflect the most viable verbiage in a suit in which a CA failed to respondwith verification, twice, and reported to the CRA, twice, inaccurate and false information? Do I have the violations correct, 2 counts of each, or do I only ask for $1000 since it is 1 suit?

It's going to be my first suit in a string of many in which I will be my own attorney. I'd love for us to have this thread modified to reflect an accurate Complaint that members here can use to file their suits.I think I got my USC codes correct. I checked the FDCPA a few times, but wish to be positive.

Maybe it's something that the Moderators will take into consideration to have as an example posted in the "sample letters" section. Anyhow, here's the example, which I borrowed from another site, and changed to reflect a FDCPA:

Attachment 1


COMPLAINT

BRIEF STATEMENT OF FACTS AND DATES

COMES NOW (NAME) who does hereby file this Complaint for damages of $ 4,000 based upon Defendants violations of the Fair Debt Credit Reporting Act (FDCRA) as follows:

1) Plaintiff, (NAME) is a resident of XXXXX (COUNTY, STATE).

2) Defendant is a Debt Collection Agency doing business in (COUNTY, STATE).

3) The Court has personal jurisdiction over the Defendant pursuant to (State) Law.

4) These claims arrive under the Fair Debt Credit Reporting Act (FDCRA), 15 U.S.C. Section 1601 et seq.

5) The Court has subject matter jurisdiction pursuant to 15 U.S.C. 1692.

6) On (Date) Plaintiff obtained a copy of her Equifax credit report and found an derogatory listing, namely (COLLECTION AGENCY) Account number XXXX XXXX XXXX XXXX.

7) On (Date + 30), Plaintiff disputed the adverse trade line via United States Postal Service. (USPS) Certified Mail, receipt XXXX XXXX XXXX XXXX. This dispute was received (Date). (Please find a copy of the dispute and USPS receipt attached to this complaint).

I did not receive a response to this dispute.

8) On (Date), Plaintiff obtained a copy of his/her (Name of CRA) credit report and found the account in question unchanged and not reflecting the â??In Disputeâ?? annotation.

9) On (Date), Plaintiff again disputed the adverse trade line via United States Postal Service. (USPS) Certified Mail, receipt XXXX XXXX XXXX XXXX. This dispute was received (Date). (Please find a copy of the dispute and USPS receipts attached to this complaint).

This dispute clearly outlined my plan to pursue legal action should this account not be corrected.

I did not receive a response to this dispute.





10) On (Date), Plaintiff again obtained a copy of his/her (Name of CRA) credit report and found the account in question unchanged and not reflecting the â??In Disputeâ?? annotation.

COUNT 1- VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES ACT

11) Plaintiff re-alleges the allegations set forth in Paragraphs (1) through (10) herein above.

12) The Defendant twice failed to respond to Plaintiffâ??s disputes as described in Paragraphs (7) and (9) above, which is a violation of the FDCRA [ 15 U.S.C. § 1692e 807 (8)]. Each count is punishable by a maximum fine of $1000 as outlined in [15 USC 1692k (a) (2) (A)].

13) The Defendant twice failed to provide verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor to the Plaintiff. Each count is punishable by a maximum fine of $1000 as outlined in [15 USC 1692k (a) (2) (A)].


COUNT II-PERMANENT INJUNCTION

14) Plaintiff re-alleges the allegations set forth in Paragraphs (1) through (13) hereinabove.

15) The information contained in the Plaintiffâ??s credit file is unauthorized and damaging.

16) Without permanent removal of such inaccurate information, there is not remedy at law for Plaintiff.

17) Plaintiffâ??s damages are irreparable unless all unauthorized information is permanently removed.

18) Injunctive relief is provided by the FDCRA, 15 U.S.C. Section 1601 et seq.

THEREFORE the Plaintiff requests that the court, mandatorily, enjoin Defendant to render the Plaintiff accurate.

WHEREAS the Defendant has willfully and/or negligently violated the rights of the Plaintiff, Plaintiff asks the Court for relief.


Further sayeth naught,


NAME

Thanks to any and all replies and for taking the time to review this Topic.

Mitch

 

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