commancer

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  1. I hope others find this useful. I've used this complaint 4 times successfully in US district court, each time the defendant has asked to settle almost immediately after being served. I've also used longer more complicated complaints but did not find they helped my case. I have a friend of a friend in the clerk's office who says the magistrates and judges in my district (Georgia Northern) hate long complaints or pleadings of any kind from pro se plaintiffs. She suggested keeping everything to two pages at most and simply stating in short numbered lines each statute violated and the defendant's actions, if taken as true, that create a violation. Also, my personal belief is that submitting 3-5 of your strongest points is better than submitting two dozen points - which IMO make it look like you're grasping at straws or have cut and pasted everything you could find on the internet. Finally, my objective is always simply to get negatives removed from credit reports, prohibit the debt getting sold/assigned and ending all collection efforts forever. I am not aiming to recover money but do sometimes catch a small sum ($1000-$2000) simlply because they offer it. If you want big money or really have lots of violations or other causes of action, you could simply add more line items but still keep it in this simple format - or you could use the more complicated complaints found elsewhere. I'm also including the dismissal I use. --- --- --- IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Atlanta Division JOHN DOE, Plaintiff, v. XYZ INCORPORATED, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. ____________________ COMPLAINT Plaintiff John Doe alleges as follows: The Parties 1. At all times herein after mentioned, plaintiff is and was a resident of Anytown, Georgia. 2. Defendant, XYZ Incorporated, is a corporation incorporated under the laws of New York and having a main office at 1234 East Any Street, New York NY 10012. 3. Defendant, XYZ Incorporated, is registered with the Georgia Secretary of State as a Foreign Corporation doing business in Georgia and has designated a registered agent: ABC Registred Agent, 1234 Any St, Atlanta, GA 30361. Jurisdiction 4. The Court has jurisdiction over this action pursuant to 15 U.S.C. § 1681 et seq., the “Fair Credit Reporting Act (FCRA) and 15 U.S.C. §§ 1692-1692p, the “Fair Debt Collection Practices Act.” Defendant’s Statutory Violations 5. The Defendant is reporting derogatory information about Plaintiff to one or more consumer reporting agencies (credit bureaus) as defined by 15 U.S.C. § 1681a. 6. Plaintiff has disputed the accuracy of the derogatory information reported by the Defendant to the Consumer Reporting Agency Experian on four separate occasions via certified mail. See attachments. 7. Defendant has not responded to Plaintiff’s four letters of dispute by providing evidence of the alleged debt to Plaintiff nor to the Consumer Reporting Agency Experian. 8. Defendant has not provided notice of this disputed matter to the credit bureaus and is therefore in violation of 15 U.S.C. § 1681s-2 which requires this notice. 9. Defendant has failed to comply with 15 U.S.C. § 1692g in that it has not within 5 days of Plaintiff’s initial communication (nor at any other time) sent Plaintiff written documentation of the amount of the debt, the name of the original creditor nor other information required by the Fair Credit Reporting Act. 10. Defendant has failed to complete an investigation of Plaintiff’s written dispute and provide the results of an investigation to Plaintiff within the 30 day period as required by 15 U.S.C. § 1681s-2. 11. Defendant has not notified Plaintiff of any determination that Plaintiff’s dispute is frivolous within the 5 days required by 15 U.S.C. § 1681s-2, nor at any other time. Prayer for Relief 12. WHERFORE, Plaintiff seeks a reasonable and fair judgment against defendant for willful noncompliance of the Fair Credit Reporting Act and seeks his statutory remedies as defined by 15 U.S.C. § 1681n and demands: $1,000 for actual damages $25,000 in punitive damages Permanent injunction against the Defendant from reporting derogatory information about Plaintiff to Consumer Reporting Agencies (credit bureaus) Permanent injunction against Defendant for selling this alleged debt to any other party Any further relief which the court may deem appropriate. Respectfully Submitted, John Doe Plaintiff, Pro Se 1234 Anyroad Anytown, GA 30303 (404) 123-3455 emailaddress --- --- --- IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA Atlanta Division JOHN DOE, Plaintiff, v. XYZ INCORPORATED, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Case No. XX-XXXXX PLAINTIFF’S NOTICE OF DISMISSAL Plaintiff files his notice of dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). 1. Plaintiff is John Doe; defendant is XYZ Incorporated. 2. On October 15, 2011, plaintiff sued defendant. 3. Defendant has not filed an answer or a motion for summary judgment. 4. This case is not a class action. 5. A receiver has not been appointed in this action. 6. This case is not governed by any federal statute that requires an order of the court for dismissal of the case. 7. Plaintiff has not filed nor dismissed any other action based on or including the same claims as those presented in this suit. 8. Plaintiff and Defendant have through amicable negotiation agreed to a mutually satisfactory settlement which eliminates any requirement to litigate this matter. 9. This dismissal is with prejudice to refilling. Respectfully submitted, John Doe, Pro Se 1234 Anystreet Anytown, GA 30303 Tel. (404) 123-3456 Emailaddress Certificate of Service I certify that a copy of this Notice of Dismissal was served on Mrs Jane Doe, attorney for defendant XYZ Incorporated, and whose address is 2234 Main Street, City, ST, ZIP, by fax to fax number (800) 123-3455. John Doe, Plaintiff, Pro Se