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Opinions Please!


retmar
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My niece asked a question I do not know for sure how to answer, so hope someone can answer for me.

When sending an "Intent to Sue/Final Demand" letter, do you include the list of violations or do you wait until filing before releasing that type of info? Her reasoning is that it would give the CA the knowledge to try and cover themselves before being served. How true is this? What are your opinions?

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I think it depends on the claim and whether you want them to fix the problem or you want to sue. In any case, I might cover my * by saying something like "your actions are in violation of several [state and] Federal laws, including, but not limited to, the following:"

Then list the violations.

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<blockquote>Originally posted by calawyer

I think it depends on the claim and whether you want them to fix the problem or you want to sue. In any case, I might cover my * by saying something like "your actions are in violation of several [state and] Federal laws, including, but not limited to, the following:"

Then list the violations.

</blockquote>

Definately agree. I assume your goal is not to actually sue but to have them remove the derogs before going to court. By listing the violations, you're showing that you do in fact know the law and that you're not blowing smoke. Either way, the statute doesn't require intent, only that they have in fact violated.

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I thank you both for the response. Her rough has all violations listed, then, in the following paragraph added words to the effect that there could be more. The intent is to do both as the violations are great in number. I'll share your info so she can do it right and get it mailed. I'll have her rewrite adding your notation. Thanks again.

[Edit by retmar on Tuesday, April 1, 2003 @ 01:06 AM]

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<blockquote>Originally posted by retmar

Her rough has all violations listed, then, in the following paragraph added words to the effect that there could be more. The intent is to do both as the violations are great in number. I'll share your info so she can do it right and get it mailed. I'll have her rewrite adding your notation.

</blockquote>

What are the violations and is she suing for damages as well?

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Swede is correct - the more you show that you know what you are doing and point out their clear violations, the more you will be taken seriously. I'd also clearly list your monetary damages - you were charged higher interest rates, denied loans, etc.

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