Sample letter: Intent to file lawsuit against credit bureau

Nice job Richard

Yes the letter is good.

We are getting a real descent collection of letters here, it is too bad that they can not put them all together on one self help page.

That is a really good idea.

I really would like to see something like that happen.

If anyone could do it , you sure could.

I am sure thats going to happen soon. I think we all can post some letters as well as a part of our community development? Wont they get reflected in the letters section?

That would be a good idea. Someone could start a section like this and the members of the forum can contribute. An excellent resource.

Would be nice.

true

I know they have done some of this on the other forums so the knowledge on how to do it is there, sometimes I wonder how these forums are so different.

Hi goodnatured

I think that we, the members of this forum can take the initiative to put such letters here so that we have a good collection of letters for reference.

Very true. I had no idea where to even begin in writing these different types of letters until I came here.

You can do a google search and find all types of letters, these forums make them much simpler to use and you have access to the people that have written them so they can advise you more on what to put on them and how to mail them, etc, etc.

I like this part of the forums, each of them has this information to offer.

yes goodnatured, there forums help us a lot with these letters, at least they give us the hint on how to write these letters, whom to sent and so on.

I know myself I would be lost with out all the sample letters.

They do come in handy, they save a lot of research time.

The letter by Richard is a fantastic resource. I filed a law suit against the credit bureau a few days back and took help of this letter. Fantastic job.

That is good, great to see people using these resources that have benen put out there.

Alot of go seeking the resources. Funny I never knew much about these resources until a few years ago when I needed them and came here. I thank this site for helping me understand so much when it comes to credit. I imagine it even stopped a few people from making mistakes when contacted by debt collectors. I see people who have come here a little too late after a junk debt collector scares them into making a payment on an account past the SOL.

I know what you mean fireyone, I found the site through the same process, I had some issues with a collector that was a total jerk, I got mad and went on an internet search, ended up on the debt forum and learn alot for fighting for myself. Since then I don't let them bother me as much. I usually contact the attorney generals office as soon as the harrassment starts and move on.

I have gotten rid of alot of debt since coming here, I am thankful to have found this and the debt forum.

I am reading through some of the posts, there is many different things discussed here, what a find. I am hoping that I will get to the bottom of a few things with all your help. I have some experience with creditors not a whole lot of bad, just here lately, but I look forward reading more here. How long have all of you been here? I am trying to prevent more damage with my creditor, just running a little late on one bill, but this seems like a freindly place to discuss debts and get some good advice.

We welcome you zack, I am sure that you have some experience to share. Look forward to having discussions with you too.

Personally, I would not submit a letter of intent to sue the CA unless I actually did file the documents and have the afidavits and documents to back up the claim. What happens when you submit this letter and the CA does nothing.....waiting for the process server? If you use this method and have not actually filed the lawsuit....you will lose all creditibility. It is likely that they will just wait until they get served.
If they do reply to your bogus letter of intent to sue.....you got lucky this time. Has anybody used this tactic on a collection agency like Midland or Arrow...when the account they report is valid? I mean, the accounts they are trying to collect on are legitimate. But they do not seem interested in pursuing them. No phone calls, no letters, no threats. Just continue to report the negative tradelines.

Any advice?

Hi Wasco,

If you think that you owe the debt, then you should contact the creditor and pay off the dues, if you really have the ability to do so. If you owe a debt, it is your duty to pay that off. However check the statute of limitation (SOL) in your state. If the SOL has expired the collection agency (CA) won't be able to sue you. However if it has not, you better contact the collection agency. Without paying off the dues, the negative tradelines aren't going to get removed.

Hi Aaron,

The SOL in California is past. Most of the tradelines from Arrow and Midland are schedule to drop off between April 2010 and and August 2011; according to a person I spoke to at Transunion. That is, of course, if they don't re-age the debt. I think Arrow financial renewed and/refinanced 2 tradelines because they appear to say renwed/refinanced under last activity.
If the CRA allowed this then it is illegal under the FCRA.
This action might be me the edge to pursue a lawsuit against Arrow and the CRA. Right now the Attorney General for the State of Illinois (Lisa Madigan) has a lawsuit against Arrow Financial for some 600 consumer rights violations. I should submit my complaint to their office and try riding the coattails of their lawsuit.

True it is my duty to pay the obligation, but after almost 6-7 years there is no way I will own up to them now...especially since the SOL have expired. I would love to be able to remove the negatives myself; but it may be just better to left them start dropping off on their own.

Either way.....It is $75,000 I don't have and will never be able to pay. Yes, I am a smuk....but I get the final laugh against an industry that has screwed consumers over for years.

Hi Wasco,

I agree with you that re aging an account is not legal. It is a violation of FCRA rule. So you can talk about this to the credit bureaus, and request them to remove the item from your credit report.

As for the SOL, it is different for the debt and the number of years it is going to stay on your credit report. What you said is right. SOL for any kind of written contract in California is 4 years. However a delinquent account will fall off your credit report after 7 years.

We had a letter come from Midland on a debt that was over 20 years old on a repo that was long before I met my husband, they tried to use the old pay or get sued on us, but thanks to this site I have the statute of limitations for our state done and read them the rules of collection according to it. They have not bothered us since.

Hi goodnatured,

It's nice to hear that you were able to come out of your problem successfully. :)

Here is a copy of the notice received from Arrow after I submitted my ITS letter to Sallie MAe by email contact and CMRRR.

Did they delete it? There is nothing listed here except your statement.

Complaint Department
TransUnion Consumer Solutions
P.O. Box 2000,
Chester, PA 19022-2000

Dear Sir or Madam:
I am writing to dispute the following information in my file.

These items have been satisfied and withdrawn and should be removed from my Credit Report

Tax Lien: ####
Tax Lien: ###
Tax Lien: #######

These items have been satisfied and instructed to be discharged by the Commissioner of Taxation and Finance, Deputy Tax Commissioner. (Kindly see enclosed copies.)

I am requesting that the above item be immediately deleted from our credit record.

Additionally, I am notifying you of my intent to file a lawsuit against you in New York State Civil Court located at 111 Centre Street, New York, NY. 10013, on Monday September 30th 2013 unless all derogatory information is removed.

I am obliged to reiterate my point mentioned in paper with written signature on it by the Deputy Tax Commisioner of New York State:

Therefore, satisfaction of said warrant is herby acknowledge and the clerk is herby authorized and directed to satisfy and discharge the same

The definition of discharge dis•charge, v.dis•charged, dis•charg•ing, dis•charg•es, v.tr.
1. To relieve of a burden or of contents; unload; withdraw
2. To unload or empty (contents).
3. Law
a. To acquit completely: discharged the defendant.
b. To set aside; annul: discharge a court order.
4. To clear the record of the loan of

Sincerely

Natalie Kollman Brian Larson
Signature

PS. There is a Bill pending before New York State:
Bill number: S2409 -2012/2013
Sponsor: Eric Adams, Disrict 20, 1669 Bedford Avenue 2nd Floor, Brooklyn, NY 11225 (718) 284-4700 Committee: Investigations and Government Operations Law Section: Tax Law Law: Amd §692, Tax L
Bill Bill number: S2409 -2012/2013
TITLE OF BILL: An act to amend the tax law, in relation to the withdrawal of tax liens upon payment of taxes due

PURPOSE: Provides that the department of taxation and finance shall withdraw from county records a tax lien for which the tax debt has been paid in full and satisfied.

SUMMARY OF PROVISIONS: (j) Withdrawal of lien. - The department, upon payment in full and satisfaction by a taxpayer of a tax debt for which a warrant has been filed and a lien on property has been created pursuant to this section, shall, withdraw such warrant and lien from the records of the county in which such warrant was filed and lien was created. Within five business days of such withdrawal, the department shall send written notification to such taxpayer that such warrant and lien have been withdrawn and that such taxpayer may contact credit reporting agencies and notify them that such tax debt has been paid in full and satisfied and that such warrant and lien have been withdrawn.

EXISTING LAW: New bill.

JUSTIFICATION: The IRS has introduced new legislation to make it easier for taxpayers to obtain lien withdrawals after satisfying a tax bill. That law is called the Federal "Lien On Me" tax law. This law will expunge or withdraw a taxpayers debt lien from their credit record rather than just release the lien, which stays on their credit record negatively for seven years even after satisfaction. The law presently in effect only covers your federal obligations and does not cover state taxation and finance obligations. This bill would mirror the federal law, and in addition would require the state taxation and finance agency to inform consumers in writing at the end of their obligation that removal of their lien will not happen automatically, that they, (the consumer or tax payer) must contact the credit reporting agencies themselves to notify that the lien has been satisfied and expunged or withdrawn. This has not as yet been factored into the federal legislation thusly may not be being addressed and is still showing negatively on many consumers reports.provides that the department of taxation and finance shall withdraw from county records a tax lien or judgement for which the tax debt has been paid in full and satisfied,
Provides that the department of taxation and finance shall withdraw from county records a tax lien for which the tax debt has been paid in full and satisfied.