Help! I plan to sue CA.

Discussion in 'Credit Talk' started by Andrew, Oct 2, 2001.

  1. Andrew

    Andrew Well-Known Member

    Late July, 2001, I sent a CA LizardKing's validation letter and, to this date, they have not replied, however I had success disputing the listing off of my reports.

    But yesterday, I receive a letter demanding payment on the account. This is against the FDCPA, right?

    I have kept my Certified Return Receipt and a copies of all correspondence, so I think I have a solid case. So am I ready to sue? If so how do I begin?

    This CA is quite arrogant and I would love to seek monetary damages so that they have to literally "pay" for their actions.

    Any help will be appreciated!
  2. LKH

    LKH Well-Known Member

    Next step is to send the estoppel. You can find it in the letter board.
  3. Andrew

    Andrew Well-Known Member

    Okay...I'm taking a look.
  4. Andrew

    Andrew Well-Known Member

    Um, which one is it?
  5. bbauer

    bbauer Banned

    Estoppel isn't there in the list of letters.
  6. LKH

    LKH Well-Known Member

    Sorry, I thought it was in the letter section. Here is the Lizard King version.

    city st zip

    Re: Acct # 0000 0000 0000 0000

    To Whom It May Concern:

    As I have not heard back from you in over 60 days, regarding my demand for proof, since my notice of dispute dated December 5, 2000 and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v Gravens (Mo) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists.

    In a good faith effort to resolve this matter amicably, I restate my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

    For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

    1) Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter.
    2) What is your authorization of law for your collection of information?
    3) What is your authorization of law for your collection of this alleged debt?
    4) Please evidence your authorization to do business or operate in the state of Florida.
    5) Please evidence proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature.

    You have 15 days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and that this matter is permanently closed.

    Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

    Failure to respond within 15 days of receipt of this registered letter (with return receipt) will begin my small claims action against your company. I will be seeking $5,000 in damages for the following:

    1) Defamation
    2) Negligent Enablement of Identity Fraud
    3) Violation of the Fair Credit Reporting Act

    After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffâ??s office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

    For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

    Witness My Hand and Seal this 13th day of February 2001.
  7. Andrew

    Andrew Well-Known Member

    Thank you LKH!!!
  8. Andrew

    Andrew Well-Known Member

    It seems this letter should help, however, did they not break the law by demanding payment without verifying the debt? Can I not simply sue at this point?
  9. LKH

    LKH Well-Known Member

    Yes, they did break the law at that point. I would file a complaint with the state banking dep't. also. That would make them even more nervous and might get them in some hot water. You probably could sue them at this point.

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