IngridA

Attempting to settle before filing suit

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I have two CAs who are wilfully violating the law, and I think that the only way I'm going to get anywhere with these nitwits is to threaten to sue.

South Carolina does not appear to allow suit against out of state defendants in small claims court, so it looks like I'm going to have to go to Federal court...the filing fee alone is $350, which is quite expensive....we have $1k in the bank for emergencies, so I don't think I will be able to file "in forma pauperis"....so my next thought was to give the CAs notice that I intend to sue them...

Is this considered extortion, if I threaten to sue and want monetary damages, before actually filing the lawsuit itself?

Any thoughts would be appreciated....

TIA!

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I have two CAs who are wilfully violating the law, and I think that the only way I'm going to get anywhere with these nitwits is to threaten to sue.

Some of them will wait until you actually sue them to start complying with the law.

Is this considered extortion, if I threaten to sue and want monetary damages, before actually filing the lawsuit itself?

An intent to sue (ITS) letter is not extortion. It is considered your last good will effort to settle a dispute before taking legal action. Depending on the rules of your court and/or the laws you are basing your suit on, an ITS may be required before filing suit.

In some cases you even have to disclose how you arrived at the total damages you're suing for and list the relevant statutes.

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Some of them will wait until you actually sue them to start complying with the law.

Just wanted to second this. In my experience, if they haven't responded in good faith to previous complaints, an ITS letter probably won't scare them, either. The really bad ones get consumers threatening lawsuits every day and it takes an actual lawsuit to be heard above the noise.

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I disagree with threatening to sue if you're not planning on following through with the threat. When you threaten to sue, and roughly thirty days passes and you don't sue, you then lose ALL credibility with whoever you threatened.

I think the best way to threaten is to do your research, and completely fill out your complaint that you will file with the Court. Mail it to them CMRRR with a letter stating basically, do what I want you to do in the next 30 days, or else I'm walking to the Court House and filing this complaint on this date.

I guess my reasoning on this is CA's and OC's and JDB's are probably threatened a hundred times a week. The novelty of threats must have worn off along time ago with them. But a well-written complaint explaining to you how you've violated the law and will be responsible for damages, that gets your attention.

j

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...oh, and that advice that dired gave you about the company having a registered agent in your state is very good advice. Many state government websites have a "doing business in our state" link on their state government website where you can look up every company's registered agent doing business in your state.

j

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Just wanted to second this. In my experience, if they haven't responded in good faith to previous complaints, an ITS letter probably won't scare them, either. The really bad ones get consumers threatening lawsuits every day and it takes an actual lawsuit to be heard above the noise.

Sometimes they don't start behaving EVEN THEN.

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I disagree with threatening to sue if you're not planning on following through with the threat. When you threaten to sue, and roughly thirty days passes and you don't sue, you then lose ALL credibility with whoever you threatened.

Plus it just annoys those of us who will sue, because our grievances aren't taken sufficiently seriously.

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Thanks for the replies, folks!

No registered agent in my state, so far as I can see....the one CA is a small one out of NY...I checked NY records, and they don't even have a registered agent for themselves listed with the state....the other one is a law firm out of FL, and their letterhead doesn't show them as being incorporated...

I think I'm going to take MountainDude's advice and prepare my complaint and send it to them as my ITS letter and see what happens...I'm also going to pay for a consult with a local attorney who specializes in consumer credit law and go from there....the SC bar has a lawyer referral service, and participating attorneys agree to provide a 30 min. consultation for no more than $50....

I fully intend to sue if they don't comply, but I wanted to go the "try and settle before filing" route first....

I'll keep ya posted! :)

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