Re: can i sue

Posted by Linda (65.120.51.138) on July 16, 2002 at 12:19:55:

In Reply to: can i sue posted by kelly64 on July 16, 2002 at 11:43:21:

To sue in small claims court, you use the forms the court provides. You can go down and pick them up and read them over, so you can get all the information to fill them out.

What you need to send is a demand letter at this point, saying you have then on xx number of violations of the FDCPA, you have the papers ready to file a suit against them, if they would care to settle, you will accept a check for $1,000 and complete and permanent deletions of all accounts from your credit reports (including inquiries), from their files, agreement that will not sell this debt to another collection agency. Then write up the agreement you want them to sign (in order to settle) specify that it must be signed by someone authorized to bind the company, give them a deadline (when you intend to file the lawsuit) - if they ignore it (probably will from what you are saying) file the paperwork and have them served.

There are good examples of demand/intent to sue letter posted all over creditnet, along with posts from people who have succeeded with this.

Collect case histories and have a copy of thee FDCPA for the judge, LOL, a lot of them don't know anything about the FDCPA, so you have to prove to them that they can let you win, hahahaha!!

Linda

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