HELP with ITS Letter

[badmules]

when i send an ITS letter do i have to take the letter to a court or anything?

 

it says

IN THE # DISTRICT COURT FOR ANYTOWN, STATE

 

Case #________________

 

JessicaRabbit

Plaintiff

 

Vs

 

CRA

now do i have to actually go to my local courthouse and file my complaint first im guessing then get a copy of that and send it with my letter? or how do i go about this got the whole form letter here:

http://www.creditreportrights.com/forum/vi...opic.php?t=3212

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[legalassistant]

When you go to the courthouse bring the original complaint and 3 copies.

 

Original- Stays w/clerk

Copy 1- Your copy

Copy 2- Send w/summons

Copy 3- Send with your letter

 

You don't have to file before sending out an ITS letter. In fact, after you file it's impossible to send an Intent To Sue letter; you've already sued and the case is officially in litigation so therefore you can no longer "intend" to sue... you're officially suing. So it's more of a Ha-Ha-I-Sued-Ya Letter.

[badmules]

:wink: anytime and thanks

[dixiedrifter]

Badmules it is not good to send any such ITS letter in a form that simulates an actual court document, with the exception of sending a draft complaint along with the ITS.

 

Doing so only takes away any credibility to your threat because then they know they are dealing with someone who doesn't have a clue as to what the heck they are doing.

[badmules]

ok so in referencing the url i used in the first post(which appears to not be working for the moment-server seems to be down or something) it says

 

Step 5:

 

Once letter from Court Clerk is received, send CRA an ITS letter, including Court Complaint:

 

~~~To Whom It May Concern:

 

I regret to inform you that you are now the target of a lawsuit for violations of the Fair Credit Reporting Act. A lawsuit against your company will be filed in 48 hours in a Civil Court.

 

As indicated by the mailing receipts, you have received and accepted through registered mail my dispute letter dated , as well as my follow-up letter dated . To date you have not done your duty as mandated by law. Your non-compliance with federal law is unacceptable, your disregard for it contemptible. Rest assured I shall hold you accountable.

 

Federal law requires you to respond within 15 days, yet you have failed to respond. I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC should you continue in your non-compliance.

 

For the record, the following information is being erroneously included on my credit report, as I have advised you on two separate occasions:

 

Public Record #_________

 

If you do not immediately remove this inaccurate and incomplete information, I will seek full damages as the law will allow. For this purpose I am carefully documenting these events, including the lack of response REQUIRED under law from you.

 

Sincerely,

 

«Signature»

«Your Name»

«Your SSN» [Now this is the ITS letter to the left and above and all that is needed for an ITS letter am i right?]

 

This is the court complaint below , right? i know it seems obivious so i take this part to the court house because in the form letter in the original post it says to send the ITS letter with the court complaint to the CRA. So if this is the court complaint part which seems pretty obvious the court clerk will fill in the holes that being the case number and address of the court and so forth and revise it onto a new piece of paper or will it just keep the innitial paper i put forth and fill it in then stamp it for validation? thanks and sorry for sounding ignorant i am just trying to verify because today is the last day for my CHOD disputes and am waiting my 5 days for mailing time before i get down to serious business.

IN THE # DISTRICT COURT FOR ANYTOWN, STATE

 

Case #________________

 

JessicaRabbit

Plaintiff

 

Vs

 

CRA

 

Some Address

Some Town, XX 12345

Defendant

 

COMPLAINT

 

STATEMENT OF FACTS

 

COMES NOW JessicaRabbitt, who does hereby file this Complaint for damages in excess of $X,000 based up Defendant’s violations of the Fair Credit Reporting Act, and states as follows:

 

Plaintiff, JessicaRabbitt, is a resident of Some Town, State.

 

Defendant, CRA, is a credit reporting agency licensed to do business in the state of Utah.

 

1) On Month Day, Year, Plaintiff disputed public record with CRA.

 

2) On Month Day, Year, CRA verified public record and stated the record will "remain" on Plaintiff's credit file.

 

3) On Month Day, Year, Plaintiff mailed procedure request letter to Defandant. The letter was sent certified mail, return receipt (#XXXXXXXX) requested to the correspondence address and was received by Defendant on Month Day, Year. The letter requested the procedure used to verify the disputed item under the Fair Credit Reporting Act.

 

4) Plaintiff received no response from Defendant.

 

5)On Month Day, Year, Plaintiff contacted Court Clerk of ABC Court, to request procedure used to furnish information from Court record to CRA.

 

6) Plaintiff received letter from Court Clerk stating that ABC Court does not directly furnish information to any credit reporting agency. Letter also stated that ABC Court does not handle any dispute of incorrect public listing, and advised Plaintiff to contact the credit reporting agency.

 

7) On Month Day, Year, Plaintiff mailed second procedure request letter to Defandant. The letter was sent certified mail, return receipt (#XXXXXXXX) requested to the correspondence address and was received by Defendant on Month Day, Year. The letter requested the procedure used to verify the disputed item under the Fair Credit Reporting Act.

 

Plaintiff received no response from Defendant.

 

COUNT I AGAINST DEFENDANT – VIOLATION OF THE FAIR CREDIT REPORTING ACT

 

9) Plaintiff re-alleges the allegations set forth in Paragraph 1 through 8 hereinabove.

 

10) Per the Fair Credit Reporting Act, § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (6) (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

 

11) Plaintiff was never sent a description of the procedure used to determine the accuracy and completeness of the public record in Plaintiff's report.

 

12) According to the Fair Credit Reporting Act, § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000, (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

 

13) Plaintiff has a credit score that is lower than it should be. This damages the Plaintiff's ability to obtain credit at reasonable rates. Plaintiff has been denied credit and cannot obtain a car, loan or line of credit at the rate they would otherwise be able to obtain due to the damage caused by the willful and/or negligent actions and/or inactions of the Defendant.

 

THEREFORE Plaintiff requests judgment against Defendant for damages of $1,000 plus costs and fees and respectfully asks this Court for leave to move for punitive damages.

 

COUNT II AGAINST DEFENDANT - VIOLATION OF THE FAIR CREDIT REPORTING ACT

 

14) Plaintiff re-alleges the allegations set forth in Paragraph 1 through 13 hereinabove.

 

15) Per the Fair Credit Reporting Act, § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i] (6) (iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

 

16) Plaintiff has a letter from ABC court stating they are not the furnisher of information. Plaintiff was never given the name of the third party responsible for providing public record information to CRA.

 

17) According to the Fair Credit Reporting Act, § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000, (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

 

1 Plaintiff has a credit score that is lower than it should be. This damages the Plaintiff's ability to obtain credit at reasonable rates. Plaintiff has been denied credit and cannot obtain a car, loan or line of credit at the rate they would otherwise be able to obtain due to the damage caused by the willful and/or negligent actions and/or inactions of the Defendant.

 

THEREFORE Plaintiff requests judgment against Defendant for damages of $1,000 plus costs and fees and respectfully asks this Court for leave to move for punitive damages.

 

COUNT III AGAINST DEFENDANT - VIOLATION OF THE FAIR CREDIT REPORTING ACT

 

19) Plaintiff re-alleges the allegations set forth in Paragraph 1 through 18 hereinabove.

 

20) Per the Fair Credit Reporting Act, § 606. 602. Congressional findings and statement of purpose [15 U.S.C. § 1681] ( Reasonable procedures. It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title.

 

21) Plaintiff notified Defendant on two seperate occasions that inaccurate information was contained in Plaintiff's credit report.

 

22) Defendant will not provide Plaintiff with the furnisher of information for public record on Plaintiff's credit report. Plaintiff spoke with customer service representative in efforts to contact furnisher of information, customer service representative informed Plaintiff that a third party is used to collect information and reports to CRA. Plaintiff has no contact information for third party, as third party is not listed anywhere on Plaintiff's credit report.

 

23) Defendant is enabling identity theft by allowing a third party to collect and report information about Plaintiff. Defendant further enables identity theft by not giving contact for third party for Plaintiff to be able to dispute inaccurate information.

 

24) According to the Fair Credit Reporting Act, § 616. Civil liability for willful noncompliance [15 U.S.C. § 1681n], (a) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of (1) (A) any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000, (2) such amount of punitive damages as the court may allow; and (3) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney's fees as determined by the court.

 

25) Plaintiff has a credit score that is lower than it should be. This damages the Plaintiff's ability to obtain credit at reasonable rates. Plaintiff has been denied credit and cannot obtain a car, loan or line of credit at the rate they would otherwise be able to obtain due to the damage caused by the willful and/or negligent actions and/or inactions of the Defendant.

 

THEREFORE Plaintiff requests judgment against Defendant for damages of $1,000 plus costs and fees and respectfully asks this Court for leave to move for punitive damages.

 

COUNT IV AGAINST CO-DEFENDANT – PERMANENT INJUNCTION

 

26) Plaintiff re-alleges the allegations set forth in Paragraphs 1 through 25 hereinabove.

 

27) The information contained in Plaintiffs’ credit file is unauthorized and damaging.

 

2 Without permanent removal of such inaccurate information, there is not remedy at law for Plaintiff.

 

29) Plaintiff’s damages are irreparable unless all unauthorized and damaging information is permanently changed.

 

30) Injunctive relief is provided by 15 U.S.C §1681.

 

THEREFORE Plaintiffs requests that the Court enjoin Defendant to render Plaintiff accurate.

 

WHEREAS Defendant and Co-Defendant has willfully and/or negligently violated the rights of Plaintiff, Plaintiff asks the court for relief.~~~

 

Why is this important?

 

The FCRA states;

 

(iii) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available;

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[JessicaRabbit88]

Wait this is all getting mucky.

 

The ITS letter is a threat, it basically says, "This is what I plan on doing if you don't comply .."

 

The Complaint is just there to let them know you are serious about taking it to court.

 

I wouldn't recommend sending this series unless you highly intend on taking it to court, and if so, I would use my Amended Complaint template rather then this one.

 

More research I say,

Jessica

[four20nik]

1. Send letter addressing complaint...which basically is a formal complaint of what they did...aslo known as DEMAND LETTER...

 

2. Send letter of INTENT to SUE...saying that you've tried to resolve this to no avail and if they will not cure, it is your intention to sue...sometimes sending a "courtesy copy" of a draft of a petition (the form youre filing in court if they dont respond) is helpful...

 

3. THEN file papers with the court.

 

Dixie is right...dont send anything mocking a court doc if it isnt stamped "draft" and clearly noted that it is a copy of what you will be filing if they dont respond.

 

Jess is right too...why are you sending ITS AND a filed copy of the petition?

[badmules]

i got myself confused but what u just wrote is basically what i was wanting