Intent to Sue

You are giving the collection agencies 15 days to respond out of courtesy – showing
any potential future judge that you were reasonable in trying to resolve the issue
with the collection agency before resorting to court.

However, once 15 days has passed, it’s time to send them and “intent to sue” (ITS)
letter or even start filing a case with small claims. Often just sending an ITS letter is
enough to get action, but if they don’t bow down to your requests to remove the
listing, your only next course of action is to file suit. Here is a good example ITS
letter:

<Your Name, Your Address>

<Collection Agency, Collection Agency Address>

Date: Jan 1, 2005

Re: Acct 516748 #312

To Whom It May Concern:

Enclosed is a copy of the lawsuit that I intend filing against you in <your court> on
<date>. Currently, the Pretrial Conference is scheduled for <date> at <time> in
courtroom #XX. The case number is <insert case #>.

The reason the lawsuit was filed was due to a completely inadequate response from
your company. I have requested debt validation twice before, once on November 15,
2004 and another time on December 16, 2004, to contact you through registered
mail, and though I have proof your company received and signed for the letters I sent
you, I never received a response. On November 15, I also disputed this account with
the credit bureaus, and all three bureaus came back with this account “verified” as
“accurate”. Continuing to report this account on my credit report constitute
collection activity, specifically prohibited by the FDCPA.

Here are the statutes in which your company is in current violation:

1. Failing to cease collection of an alleged debt after the Defendant notified Plaintiff
in writing that the alleged debt was disputed, therefore violating FDCPA 15 USC
1692g(b)
2. Falsely representing the amount of the alleged debt and therefore violating FDCPA
15 USC 1692e(2)(A).
3. Failing to report an account as “disputed” on my credit reports after receiving my
requests for debt validation, thereby violating the FCRA 15 U.S.C. § 1681i (c)
Notification of consumer dispute in subsequent consumer reports.
4. Failing to accurately report information on my credit report, thereby violating the
FCRA [15 U.S.C. § 1681s-2](a) (1) (A) Reporting information with actual knowledge of
errors.
5. The threat to take any action that cannot legally be taken or that is not intended
to be taken, thereby violating FDCPA [15 USC 1962e] (5).

I require a response, on point, in writing, hand signed, and in a timely manner,

agreeing to remove this listing from my credit report, and to cease all other
communication with me. If I get another pointless letter from you saying that it has
already been ‘validated’ then there will be no more opportunity for negotiation. This
will proceed in court until I have successfully proven to a judge that this false
information must be removed from my credit file. I will also be aggressively pursuing
the full judgment that I get against your company for violation of the Fair Credit
Reporting Act, the Fair Debt Collections Practices Act and Defamation.

<Your Name>