Here's what I've come up with (thanks Christi!) A little background: This is for an old citibank charge-off that I've been fighting. This is my final letter to these yahoos, so I need it to be effective. All criticism is welcome. Notice: Last letter before lawsuit is filed. This is my last goodwill effort to allow you to correct your records before I file suit against your company in Blah County Court. Currently, Citibank has broken the following laws: 1) Violation of the Fair Credit Reporting Act 2) Defamation 3) Negligent Enablement of Identity Fraud I have repeatedly requested validation of this debt, including specifically the alleged contract or other instrument bearing my signature. It has been over 65 days since my first certified letter was sent Certified Return Receipt via USPS on 23-NOV-01. I additionally sent a follow-up letter dated 2-JAN-02. The only response I have received from your company was a request to call you even though I specifically stated that I did not wish to communicate with you outside of written letters. So far, you have not been able to provide me with proof that I am their customer, or that I ever signed anything to open an account with your company. 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 Blah County Court on February 18, 2002. This is no longer a request for validation. This is a demand that you correct my credit profile(s). When you fail to show up for the pretrial conference I will request a $5,000 default judgment against your company and will additionally 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 my credit profile(s). The following items must be deleted from my credit file and prevented from reappearing. I have kept very careful records of all correspondence with your company, yet you continue to ignore my requests. Account number: 12345678 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 4th day of February 2002.
