I have a paid collection that is refusing to cooperate. So far I've done the following: Sent validation, got green card gave 30 days (no results) Sent estoppel, got green card, waiting out 30 days. I signed up for CE recently, and pulled my report AFTER I got the green card back in mail (from estoppel). They have not notated the account. I suspect they never notated it the first time either, but have no proof. This time I printed and saved the page. So I know I have them on at least one violation of FDCPA, and I have them on one violation of FCRA (sec. 623 [a]) Now I know I should give them the 30 days to either remove or validate, but I was wondering if you or someone could point me to a good intent to sue letter. I started writing one up, but not sure if I should keep it similar to estoppel, just change dates, timeframes, etc.
This is Lizardkings' version. You can modify it for your needs. Notice: Last letter before lawsuit is filed. This is my last attempt to correct your records before I file a lawsuit in My County Court. If I receive another letter from you stating that you have â??verifiedâ? the incorrect information, then you will be sued for the following: 1) Violation of the Fair Credit Reporting Act 2) Defamation 3) Negligent Enablement of Identity Fraud I have attempted to contact the disputed creditors in question and I have demanded proof of the alleged debt, including specifically the alleged contract or other instrument bearing my signature. It has been over 90 days since my certified letters went out. I have sent follow-up letters. I have contacted them by phone. Nothing ever gets done. So far, none of them has been able to provide proof that I am their customer or that I ever signed anything to open an account. Under the doctrine of estoppels 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. You are instructed to remove each of the accounts in dispute immediately or my small claims lawsuit will be filed in My County Court on January 2, 2002. This is not a request for a new investigation. This is a demand that you correct your records. When you fail to show up for the pretrial conference I will get a $5,000 default judgment against you and I will file a Writ of Execution with the Sheriffâ??s office in your county. Then I will begin the process of attaching property or funds to satisfy the judgment. If you wish to avoid the lawsuit, this is your last opportunity to correct your records. The following items must be deleted from my credit file and prevented from reappearing. I have copies of the receipts of Certified letters I have mailed you over and over again proving the debt does not belong to me. Yet, you continue to report the debts even when I send proof from the original creditor. 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 17th day of December 2001.
I know it was for the cra's. That's why I said he could adapt it for his use. I posted it because it gives a good format for an intent to sue letter.
if you're going after a collection agency I'd add in 2. violating the Fair Debt Collection Practices Act and obviously modify the daylights out of it
Thanks LKH for posting. I can use this against EX when I go after them for changing the "results due date" 3 times. Lizardking- did you have an intent to sue ltr against a CA? Or should I just attempt to modify the one for CRAs? Marie- thanks for the tip.
