Hello all, I would like some feedback and opionions regarding the following letter I have drafted to be sent to the registered agent of a CA that has violated the FCRA and FDCPA while attempting to collect $25.00 from me! I did not receive any bills from the alleged creditor and asked for proof of the debt. --------------start of letter-------------- W. Legal Eagle, III Dewey Cheatm & Howe LLP 1 Harvard Square Boston MA 12345 RE: Satans Collection, Incorporated Dear Mr. Douglass, I am writing to you as registered agent for Satans Collection, Incorporated During your clientsâ?? attempts to collect a $25.00 debt, they allege that I owe, they have violated portions of both the FDCPA and the FCRA. I intend to file suit against your client for these violations. I have excellent documentation to prove these violations and am very familiar with the process to pursue legal action in this matter. Should your client prefer to settle this matter without legal action, I am more than willing to discuss reasonable settlement terms that will remediate my damages and minimize your clientsâ?? potential costs in any award that I will obtain. I offer this opportunity to settle this matter as a courtesy to you and your client. I welcome a call, email or letter to discuss settlement terms and will reframe from filing suit, and\or entering a formal complaint with the FTC, regarding this matter for 48 hours to allow your response. I may be contacted by phone at (xxx) xxx-xxxx, via email at me@myemail, or via mail at the address listed below. I await your response. Sincerely, JohnM ------------end of letter-------------- Please give me your feedback on this letter Thanks, John
Here's my opinion: When I have finally gotten to the point of writing the Agent of Service. I spell it out. I want to be taken seriously. I want them to know that I am not Psychotic Consumer that is writing an angry letter just to get stuff off my chest, I have legitimate issues! IMHO, your letter is too vague.
JLynn Good call.I agree. That's exactly the outside view I wanted. I am revising the letter and will repost. Anyone else care to comment? Thanks, JohnM
You are completely missing the purpose of the Registered Agent (RA). I am a RA for a couple of dozen businesses, so I can speak from knowledge. The RA's sole purpose is to accept service of process (summonses, subpoenas, pleadings, motions, etc.) for a Corporation. The RA must be a flesh and blood person. Once the RA has accepted service, the RA sends the documents to the Corporation and is then out of the picture. Any letters addressed to the Corporation sent to the RA may or may not be forwarded, but the RA is powerless to do anything about the problems raised in the letters.
Re: Re: Letter to reg agent re violalations Flyingifr, You are totally correct regarding a RA. My C corp. and my LLC have the same person as RA. He is also our attorney. I believe that the RA (who is an attorney) also represents the CA in legal matters. I believe if my RA (and attorney) received this letter, he would advise me to settle this damm thing and not waste his time and my dollars on a $25.oo debt. My next contact with the RA would be a service of summons by a process server. I also copied the president of the collection agency on the letter. My intent is not to win damages but to see if a rational being (the CA pres) wouldn't prefer to settle out of court. I can see your point as detailed above and you are 100% correct, however I thought that the fact that I researched the SCC records and took the effort to find the RA, which is one step in preparing the next step (the suit) could show that I am serious and am more than willing to pursue this matter. Again, all comments are appreciated. Regards, JohnM
Re: Re: Letter to reg agent re violalations I agree somewhat with Flying. RA's are just "middlemen" or mail forwarders. They accept it and move it to the correct person. But, they forward whatever you send them in its entirety, therefore, I stick by my first post to spell it out I don't know about an RA being flesh and blood. 99 9/10% of the letters I have sent to an RA it is "CT Corporation".
Re: Re: Re: Letter to reg agent re violalations Jlynn, In my state (VA) an RA must be a specific person and not just a company name or even a Legal firms name. He is correct, an RA must be a person. I agree with you that they would forward items to the CA, but I also know that this lawyer\RA is a senior partner at a MAJOR law firm. In fact one of the bigest legal firms in the country. I bet he charges around $500/hr if not more. To even read the letter and forward it to the CA, I guess is going to cost them $100, If we go to court, they will send a "rookie" and bill $150/hr + partner review time at $500/hr. How much does an intelligent person spend chasing $25.00? I hope it is'nt that much. I always thought that part of our strategy is wear them down and make them spend large dollars to defend a suit. I have real violations, even if they get them dismissed it is going to cost large dollars. JohnM
