Suing a Collection Agency
Written by: Kristy Welsh
Use this sample letter to advise a collection agency you are suing them.
The Fair Debt Collection Practices Act (FDCPA) offers consumers protection against overly aggressive debt collection actions by debt collectors and debt collection agencies. If a bill collector has violated federal law in its dealings with you, there are steps you can take depending on your goal. These range from suing the debt collector to reporting the collector to government agencies to using the violations as a negotiation tactic on the debt.
The following sample letter can be used to notify a collection agency you are planning to file a lawsuit against them for violating your rights. If you don't get a response to your previously sent debt validation letter, send this letter out to them. It is recommended you spell out the specifics as to what has been going on — describe what they're doing that's wrong, and what you want them to do to stop it. Spell it out clear and simple.
Do not simply copy and past this letter. You need to tailor the wording of this letter to fit your particular situation. Also, it is a good idea to site the violations committed by the debt collector as they pertain to the FDCPA. This sample letter is part of our debt validation section. Another good source of sample letters can be found on this page.
City, State Zip
Collection Agency Address
City, State Zip
RE: Account #xxxx-xxxx-xxxx
To Whom it May Concern,
Your firm has failed to send the legally required validation of this debt. You have been notified that your actions are detrimental to me and that your firm has violated (including but not limited to) the Consumer Credit Protection Act, the Fair Credit Reporting Act, and the Fair Debt Collection Practices Act.
Your firm knew or should have known that the actions taken against me and the information collected about me was inappropriate and damaging to me.
Failed to use reasonable care in the course of business and failed to use even minimal procedures to ensure that I was not harmed.
Communicated and are continuing to communicate incorrect and defamatory information to third parties including but not limited to: Equifax, Experian, and Trans Union.
As a result of these blatantly reckless, wanton, and intentional acts, I have suffered and continue to suffer general and specific damages. I am also very upset at your firm's intentional infliction of emotional distress and at the other diminishes of the quality of my life.
I am now demanding the immediate and complete removal of this trade line from my credit reports (Equifax, Experian, and Trans Union).
As I am currently attempting to apply for credit, time is of the essence. Please understand that I am extremely concerned about the consequences of the actions your firm is having on my life. Please be advised that, if this matter is not resolved by xxx, I will take any and all necessary steps to protect my rights.
Thank you in advance for your attention to this matter.