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Intent to Sue

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

However, once 15 days has passed, its 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 isenough to get action, but if they dont bow down to your requests to remove thelisting, your only next course of action is to file suit. Here is a good example ITSletter:

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 on. Currently, the Pretrial Conference is scheduled for at incourtroom #XX. The case number is .

The reason the lawsuit was filed was due to a completely inadequate response fromyour company. I have requested debt validation twice before, once on November 15,2004 and another time on December 16, 2004, to contact you through registeredmail, and though I have proof your company received and signed for the letters I sentyou, I never received a response. On November 15, I also disputed this account withthe credit bureaus, and all three bureaus came back with this account verified as

accurate. Continuing to report this account on my credit report constitutecollection 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 Plaintiffin writing that the alleged debt was disputed, therefore violating FDCPA 15 USC1692g(b)2. Falsely representing the amount of the alleged debt and therefore violating FDCPA15 USC 1692e(2)(A).3. Failing to report an account as disputed on my credit reports after receiving myrequests 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 theFCRA [15 U.S.C. 1681s-2](a) (1) (A) Reporting information with actual knowledge oferrors.5. The threat to take any action that cannot legally be taken or that is not intendedto 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 othercommunication with me. If I get another pointless letter from you saying that it has

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already been validated then there will be no more opportunity for negotiation. Thiswill proceed in court until I have successfully proven to a judge that this falseinformation must be removed from my credit file. I will also be aggressively pursuingthe full judgment that I get against your company for violation of the Fair CreditReporting Act, the Fair Debt Collections Practices Act and Defamation.