Dear Mr. XXX: I am in receipt of your August 26, 2002 letter and copy of the motion you have filed with the court. I disagree with your claim that this issue is â??too complexâ? for small claims court. The legal responsibilities of a debt collector are clearly spelled out under the FCRA and FDCPA, and those responsibilities are further clarified through case law and FTC opinion. I would again like to make my intentions clear. I prefer to settle this situation outside of the court system. Be advised, however, that in District Court, I shall exercise my rights to the fullest extent of the law, seeking compensatory as well as statutory damages. Feel free to contact me if you wish to discuss this matter. Sincerely, Lexman
I would also add attorney's and legal fees. Hell, make them really pay if they wish to bump it to a higher court. Gib
And I would add Punitive damages in demand of a jury trial. Juries have been RUTHLESS lately with these people.
If you want to, on any future letters (if you're discussing specifics of settling)... I put in it... "I am communicating with you in an attempt to resolve your matter with this firm and your client. This letter constitutes an offer of compromise and shall not be admissible in any court proceeding, Rule 408 of the Federal Rules of Evidence; Official Code of Georgia Annotated Section 24-3-37." (omit Ga if you live in another state)... that way they know you have an atty in the wings (don't really see these ref's in pro se settlement paperwork, ususally)
I have said in the past to these smart ass attorney's....."It's a shame you don't wish to resolve this in small claims, this is the simplest and easiest and cheapiest method for resolving this matter." "If you insist on transfering this matter to district court, I will have no other option but to dismiss my case and file in federal court and request a full jury trial." "I can assure you this is going to be very costly for your client, if that is the path you choose." "Let me know now and I will file the appropriate paperwork to transfer this to federal court once I get off the phone with you." BTW this particular attorney settled out of court, I would love to tell the specifics but I am under contract not to talk about this matter. Call their bluff and raise the stakes a little, it works and as you can see they like to use it too! Tac
I will be awaiting his reply to this letter.....The hearing on the motion to move to District court will be in 2 weeks..I'll be sure to keep everyone informed.
