so tell me what you think of this letter

[joeyjoe68]

the attorney who filed the case against me, sent me a motion for dismissal to sign. I havent signed it yet and was going to send this letter back to him as i am just about ready to file my violations suit against him and his client.

So tell me if i should send this or just file the suit.

This is my last letter to you requesting that the above mentioned case and account be validated as per my rights under the FDCPA. I have previously sent you several letters via USPS Certified Mail and show that the letters were in fact received by your office. Those letters also requested that the above mentioned case and account be validated under the FDCPA. As of this writing I have not received anything from either you or your clients in regards to my requests. What I have in fact received from you is threats and continued collection activity which is a clear violation of the FDCPA. I also have documentation showing that your clients, Palisades Collection, has continued to report negative information on my credit reports and in fact “verified” a dispute I had made with those same Credit Reporting Agencies. That as I am sure are well aware of is violations of the FCRA. All of which show a willful non-compliance to the law. I am giving you and your clients 10 days from the day you receive this letter to either provide me with the following validation request as is my right under the FDCPA. Be advised that this is a fourth and final request to obtain the proper documentation. Also be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( that your claim is disputed and validation is requested.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you or your client.

Please provide me with the following:

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

At this time I will also inform you that since your clients have reported invalidated information to the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) and this action constitutes fraud under both Federal and State Laws, that I am in discussions with legal advisors and will be proceeding with legal action against both your client and yourself for the following:

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

It is quite clear by your track record in the Clark County Court system and the several hundred active cases you have pending at this time that you make a living on the default cases. I am not, nor will I be one of your defaults and will be exercising my rights under Federal and State laws to the fullest extent possible.

Best Regards,

[mandydm318]

If the attorney is willing to dismiss a lawsuit why do you still want him to prove that you owe the debt???

If you have violations already why not just file your suit??

[joeyjoe68]

well i am ninety nine percent sure they have no proof, but i just want to make sure i have the proof that i tried every possible angle so that when i get to court i can show the judge i tried all the possiblities and didn't just jump to a law suit to fast.

[Frank]

Wait for 31 days after case is dismissed then file in SC agst them.

[m2aclark]

I agree with Frank. Let it be dismissed. They're going to turn and sell the debt instead of pursuing it any further and they'll sell the same bad paper that they have. No docs, no proof, etc.

Let it hit statute and fight it from there.

[joeyjoe68]

I agree with Frank. Let it be dismissed. They're going to turn and sell the debt instead of pursuing it any further and they'll sell the same bad paper that they have. No docs, no proof, etc.

Let it hit statute and fight it from there.

why do you think i should wait 31 days before i file?

[txlimo]

If you've got the attorney already at the point he is willing to dismiss the suit, if it isn't in his agreement that he sent to you, then I would be sure that there is wording in there that they can't re-file the suit, that it will be removed from you CR, and they won't sell it to another CA/JDB. You may have to send a counter-offer to get this wording in there. If they won't agree to those terms then file your suit, seeing as you've already got your violations.

[joeyjoe68]

If you've got the attorney already at the point he is willing to dismiss the suit, if it isn't in his agreement that he sent to you, then I would be sure that there is wording in there that they can't re-file the suit, that it will be removed from you CR, and they won't sell it to another CA/JDB. You may have to send a counter-offer to get this wording in there. If they won't agree to those terms then file your suit, seeing as you've already got your violations.

according to the court website there are a few cases were the attorney has filed dismissals. They all seem to be under rule 41(a)(1) of the NRCP. That rules says:

RULE 41. DISMISSAL OF ACTIONS

(a) Voluntary Dismissal: Effect Thereof.

(1) By Plaintiff; by Stipulation. Subject to the provisions of Rule 23(e), of Rule 66, and of any statute, an action may be dismissed by the plaintiff upon repayment of defendants’ filing fees, without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or (ii) by filing a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same claim.

So my question(s) are these, if i send the letter back saying i want the case to be WITH prejudice, am i allowed to file suit against them for the violations still? And if i read this rule correctly it would fall under the (ii) section since i have already filed my answer correct?

[AISLE4]

Why send several validation requests? One is all you need. The consumer doesn't have to beg for validation.

[joeyjoe68]

Ok, so i get the idea that most people think the letter would be a waste of time. So should i send the dismissal back signed, or should i send a lawsuit instead? I feel pretty good about a suit at this point, but am just unsure what to do about the attorney sending the dismissal. And if i send a lawsuit, do i need to serve it on the attorney or the JDB since they're both going to be named in the suit?