How Do I Threaten to Sue?

I usually send along a terd in a box, but thats just me.

 

LB, I've had good success with faxing a draft of the complaint I intend to file within a certain time frame. I tell them that if they would like to discuss it prior to the lawsuit being filed, I can be reached at xxx-xxx-xxxx.

Once I did not wait the amount of time I said I would because I didn't expect to hear anything back and they called the day I filed it...three days before the deadline...lol.


L

 

That's what I would do...someone else may advise something different. Sometimes the BBB has a company's fax number listed. I know they had the fax number for Gulf State.


L

 

Here is a letter that recently worked great for me. The collection agency I was dealing with ignored both my validation demand and the estoppel letter. I had evidence of several violations. In less than 24 hours of faxing this letter I received a call from the VP of the company and had a copy of the UDF requesting deletion faxed to me.

This is a Lizardking letter modified a bit for my own situation. Thanks Lizardking!

I did not include a timeframe for response in order to illicit an immediate reaction.

NOTICE OF INTENT TO SUE

Dear Sirs:

Please be aware that I have sent XYZ Inc. two certified mail validation demand letters. My certified return receipt cards show that these letters were signed for by XYZ Inc. on August 20 2001 and September 28, 2001.

Your failure to follow the law has forced me to have a lawsuit drafted against XYZ Inc. for the following:

1) Violation of the Fair Credit Reporting Act
2) Violation of the Fair Debt Collection Practices Act
3) Defamation of Credit
4) Negligence
5) Loss of opportunity
6) Injunction seeking immediate court ordered relief from further credit damage.

My lawsuit will be filed in Washington State without further notice. I will be seeking damages in excess of $15,000.

If you agree to delete all information from my credit reports and permanently close this matter I will agree to not seek the damages to which I am entitled. This offer will not be available once my lawsuit is filed.

I can be reached at 555-555-5555

Sincerely,



Jeff

 

Wouldn't it be wise to include a statement saying that the account will not be sold to someone else?

 

The 'intent to sue' should be just that, a notice that you intend to sue them. It should be brief and to the point offering them one last opportunity to settle. It will show the court that you did everything you could prior to filing a lawsuit.

If the CA calls to settle, that would be the time to clarify your demands IMO. Get your terms agreed to in writing, hand signed on company letterhead.

 

Oh, another great resource would be Pat's emails to Verizon. I don't have the links, but if you search under Pat and Verizon, hopefully they will come up...or maybe he will post them here for us again. They were terrific.



L

 

Whyspers,

OMG ya mean now we have to sit and construct an actual suit even tho we may never actually file.

Geez does any of us have other things to do too?

How can we get this done the fastest possible way?

Butch

 

Butch,

Fast doesn't help if your butts not covered.

Sassy

 

Butch, from what I understand...it takes about ten minutes to fill out a small claims complaint. Yes, I did spend hours drafting my complaint, but I've been able to modify that same complaint to use in other cases, so it was well worth the time spent. Also, on the chance that they do not respond, I'm ready to go with it and don't have to then sit down and do it. Works for me and I guess I don't mind the time involved if it gets me where I want to go.


L