for gulf state. Had to redo it quick so I can file in the morning and have it served asap. Any comments - please be quick. ps- I can always ammend it. I Defendant, Gulf State Credit sent a collection notice to the plaintiff on or about August 17, 2001. II As is his lawful right, per the Fair Debt Collection Practices Act, the plaintiff sent via certified mail, return receipt, a validation letter This letter was signed for by Gulf State Credit on August 21, 2001, well within the required 30 day period to dispute.. III Defendant, Gulf State Credit failed to respond within the 30 day guideline established by the Federal Trade Commission. IV On or about Sept. 20, 2001, plaintiff in a good faith effort and to give Gulf State the benefit of the doubt, sent a second letter, signed for by Gulf State Credit on Sept. 24, 2001. V Defendant, Gulf State Credit again failed to respond. VI A third letter was sent by the plaintiff, signed for on Nov. 12, 2001. VII On or about January 21, 2002, plaintiff received a letter from defendant Gulf State Credit that in order for them to prove the existence of the account, or that the account belongs to the plaintiff, they would require plaintiff to send copies of his drivers license, social security card and 5 copies of his signature. Per the FTC, this is an illegal request. VII Plaintiff, during this period of time, disputed the listing with the credit reporting agencies. In November, 2001, the Gulf State Credit collection account was deleted from Equifax reports. In January of 2002, the collection account from Gulf State Credit was removed from his Experian report via Credit Data Southwest. VIII On Feb. 6, 2002, the collection account from Gulf State Credit was re-reported to Experian and Equifax in violation of the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. An FTC staff opinion letter clearly states that a collection agency may NOT report an account to the credit reporting agencies during the pendency of their verification of the account to the debtor, if the debtor has so requested. VIIII These actions on the part of Gulf State Credit are a willful disregard for the rules of the Fair Debt Collection Practices Act. It is a blatant attempt to injure or ruin the credit rating of this plaintiff due to the fact that they cannot validate the alleged debt and this is their attempt to coerce payment from the plaintiff. Plaintiff asks this court for judgment in the amount of $5,0000 plus permanent removal of these listings from the credit reporting agencies.
Re: Here's my quick 10 minute lawsu I Defendant, Gulf State Credit, sent a collection notice to Plaintiff on or about August 17, 2001. II As is his lawful right in accordance with the the Fair Debt Collection Practices Act (FDCPA), Plaintiff sent via United States Postal Service Certified Mail, with Return Receipt requested, a letter requesting formal debt validation. This correspondence was signed for by Defendant on August 21, 2001, well within the 30 day period expressly provided by the FDCPA. III Defendant failed to respond within the 30 day guideline promulgated by the Federal Trade Commission. IV On or about Sept. 20, 2001, Plaintiff, in a good faith effort to allow Defendant ample opportunity to validate the alleged debt, sent a second letter via Certified Mail, with Return Receipt requested, which was signed for by Defendant on Sept. 24, 2001. V Defendant again failed to respond. VI A third letter was sent by Plaintiff, signed for by Defendant on Nov. 12, 2001. VII On or about January 21, 2002, Plaintiff received a letter from Defendant that in order for Defendant to prove the existence of the account and that the said account belongs to Plaintiff, Defendant would require Plaintiff to send copies of his drivers license, Social Security Card and 5 copies of his signature, in clear violation of the FDCPA and FTC guidelines. VIII Plaintiff, during this period of time, disputed the tradelines associated with the alleged debt with the three major national credit reporting agencies. In November 2001, the Defendant's collection account tradeline was deleted from Plaintiff's Equifax report. In January 2002, the Defendant's collection account tradeline was removed from Plaintiff's Experian report via Credit Data Southwest. IX On Feb. 6, 2002, the Defendant's collection account tradeline was re-reported by Defendant to Experian and Equifax in violation of the FDCPA, the Fair Credit Reporting Act (FCRA), and an FTC staff opinion letter which clearly states that a collection agency may not report an account to credit reporting agencies during the pendency of its verification of the account to the debtor, if the debtor has so requested. X These actions on the part of Defendant demonstrate a willful disregard for federal law and constitute a blatant attempt to injure or ruin the credit rating of Plaintiff since Defendant has demonstrated an inability to validate the alleged debt and subsequently attempted to coerce payment. Plaintiff requests judgment in the amount of $5,000.00 plus accrued court costs plus permanent removal of Defendant's collection account tradelines from Plaintiff's files with the three national credit reporting agencies.
Re: Here's my quick 10 minute lawsu Good job Doc, thanks. You corrected it like you've been through something like this before. LOL
Re: Here's my quick 10 minute lawsu You're welcome, LKH, and great job! (Actually I just like to proofread.) Doc
Re: Here's my quick 10 minute lawsu LKH, Looks Good! Have you had any prior suits? What were the results? I see you have the 3-0 tally!
Re: Here's my quick 10 minute lawsu Hopefull these schmucks will be as prompt with their response as they have been with their validation. They will have 20 days to answer. Any bets on whether they answer or not. I bet I get a default. Then I can send the judgment to the cra's for permanent deletion and send a constable to attach some of their assets. Jerks.
Re: Here's my quick 10 minute lawsu I see.. Well it looks like you have this case wrapped up! You will prevail! I'm excited for you.
Re: Here's my quick 10 minute lawsu I appreciate it. But, I'm not excited about it. I'm highly ticked. I've gone around in circles with these idiots and my reports were clean until today. Again. It's very aggravating when they haven't followed the law and get away with it. So far that is. I'm determined that they will fail.
Re: Here's my quick 10 minute lawsu I'm wondering if you should ask to have the listings removed from the 4 cra's so they don't show up on Innovis to haunt you forever... Won't the listings leave the big three and deposit themselves on Innovis, where all negative entries go to die a slow death???
