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Intention to Sue Letter

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Okay, I need to know what everyone thinks of my letter before I send it off tomorrow.

Dear Collection Manager:

This letter is formal notice that you have failed to respond to my validation request. I

sent this letter registered mail and have enclosed a copy of the return receipt which

was signed by Maryanne Barney on April 7, 2003.

As you are well aware, federal law requires you to cease all collection activities until full

validation is provided. Your office has attempted to contact me by telephone on April

28, 2003 at 8:21 a.m. PST and by mail on the same day. Enclosed is a copy of the

letter received by me on May 1, 2003. The letter clearly states that it is an attempt to

collect a debt and is clearly in violation of the Fair Debt Collections Practices Act


This is a formal notice of my intention to sue. If you wish to avoid legal action, you

may settle out of court by sending me a payment of $1000 within 30 days of receiving

this notice. Otherwise, I will report your violations to the FTC and enforce my rights in


So, what d'ya think?

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Sounds good. I personally would delete reference to payment to avoid litigation, solely based on the fact that they know what the max penalty is and know that any judgment against them will depend on proof they intentionally violated the law. If you come out with that number, they might say "screw you, take me to court", with the knowledge they will probably only pay $200 or have the entire case thrown out. Besides, they may come after you for extortion. :)

Just playing the Devil's advocate.

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Use the following or a variation of:

Federal Law allows me to recover for damages under FDCPA 813(a)(1) 15 U.S.C. 1692k(a)(1). This includes, but is not limited to statutory, compensatory, and punitive damages, plus pre-judgment and post-judgment interest, attorney's fees and costs, and such other relief as the court may deem fair and proper.

Check your State's courts and see if they advise you request a settlement offer in your letter. Your reason for this is to show the court that you tried to settle peacfully before coming to court. Also, if your State max is $5000.00 in court, then ask for half and see what they say. You always want to give yourself some playing room in your offers of settlement. Besides the FTC, you also want to state that you are filing a complaint with the AG and any State or Federal agency that would govern them. Most CA's know that the FTC doesn't act on individual issues so are not worried. Lastly, give them 10 days max from receipt of your letter to respond, plus mail time.

[Edit by retmar on Thursday, May 1, 2003 @ 11:08 PM]

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