Suing Your Creditors > Sample Pleadings

CA "VALIDATES" 6 MONTHS AFTER REQUESTED. CRITIQUE TO RESPONSE PLEASE

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AXXEL:

--- Quote from: bmcinto01 on June 01, 2012   02:47:58 PM ---Requested validation and arbitration from a Michigan CA representing the second JDB. The OC is our old buddy Chase. They sent copies of statements only, nothing else. Here is my response. Critique will be greatly appreciated. Also, am I giving away too much or sticking out my neck too far?

--- End quote ---

If I could prove the violations, and wish to sue them in federal court, I would send that and a complaint letter.  It worked for me.  They have some nice sample complaints on here in the pro se toolbox.

Like daryl said, 1k max for FDCPA violations.  You may ask for damages though.

Do you have any FCRA or TCPA violations?

CleaningUp:
I generally use the following:

I have received your correspondence of <date>.  The information provided is insufficient for me to substantiate your claim.

This matter remains in dispute.



Reasoning:

1.  Date of their letter...   Establishes the chain of documentation.

2.  Acknowledges information sent, but that it was inadequate for a valid reason.  No need to tell them what was lacking...they get to figure it out themselves.

3.  Restores the "I dispute" placeholder for future use in claiming that they failed to provide adequate validation and/or continued collection activities when such are prohibited.


Seeing as though this letter has only two basic objectives, rejecting their offering and continuing the dispute, don't need to say much else.

Could you say other things?  Sure, but what are you actually going to accomplish?  Not much.   

So, why indulge in a "huff-'n-puff" exercise?


As for suing now?  You can, but this is really not ripe yet.  They'll give you far more if you just play them for a while.

bmcinto01:

--- Quote from: AXXEL on June 01, 2012   08:16:38 PM ---If I could prove the violations, and wish to sue them in federal court, I would send that and a complaint letter.  It worked for me.  They have some nice sample complaints on here in the pro se toolbox.

<OMITTED>

Do you have any FCRA or TCPA violations?

--- End quote ---

I can prove two violations and was spit-balling the others for effect. I don't know about the suing part though. I just want them to move on and get my spot on "TERRORISTS" list, LOL. I'll check on the complaint letters. Thanks for the feedback!

bmcinto01:

--- Quote from: CleaningUp on June 01, 2012   08:25:48 PM ---
Seeing as though this letter has only two basic objectives, rejecting their offering and continuing the dispute, don't need to say much else.

Could you say other things?  Sure, but what are you actually going to accomplish?  Not much.   

So, why indulge in a "huff-'n-puff" exercise?


As for suing now?  You can, but this is really not ripe yet.  They'll give you far more if you just play them for a while.



--- End quote ---


I just made a post before this came up. I'm lobbying to get on the "TERRORIST" list, but I agree with your reasoning. I'm not in a hurry to act on this. I'll be seriously considering your suggestion. Thanks for the feedback!

E. Normis Debtor:
You should also be aware of this:

http://the2012scenario.com/2012/03/occ-probing-jpmorgan-chase-credit-card-collections/

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