retmar Posted March 31, 2003 Report Share Posted March 31, 2003 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? Link to comment Share on other sites More sharing options...
calawyer Posted April 1, 2003 Report Share Posted April 1, 2003 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. Link to comment Share on other sites More sharing options...
Swede Posted April 1, 2003 Report Share Posted April 1, 2003 <blockquote>Originally posted by calawyerI 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. Link to comment Share on other sites More sharing options...
retmar Posted April 1, 2003 Author Report Share Posted April 1, 2003 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] Link to comment Share on other sites More sharing options...
Swede Posted April 1, 2003 Report Share Posted April 1, 2003 <blockquote>Originally posted by retmarHer 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? Link to comment Share on other sites More sharing options...
retmar Posted April 3, 2003 Author Report Share Posted April 3, 2003 Yes, she wants to sue for any and all she can get. For personal reasons, I'll not display here. I'm sure you understand. Check your email. Link to comment Share on other sites More sharing options...
admin Posted April 3, 2003 Report Share Posted April 3, 2003 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. Link to comment Share on other sites More sharing options...
retmar Posted April 4, 2003 Author Report Share Posted April 4, 2003 Thanks Admin, I had forgotten about the denial part. The other items are already included. Link to comment Share on other sites More sharing options...
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