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Intent to Sue-No Mini Miranda

Intent to Sue-No Mini Miranda

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Published by FreedomofMind

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Published by: FreedomofMind on Mar 31, 2013
Copyright:Attribution Non-commercial

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01/25/2014

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Scumbag Collection Agency1313 Mockingbird LaneAnytown WY 85447Re: Any bill you are stupid enough to try to collect from meNOTICE OF INTENT TO SUEYou are hereby put on notice that:1. I am in receipt of a collection letter from you in the above cited matter datedMarch 20, 2004. This letter is "initial communication" as defined in Fair debtCollection Practices Act Section 809(a) (herein called FDCPA).2. This letter is in violation of FDCPA Section 809(a)(3), 809(a)(4) and 809(a)(5) inthat the required portions of law have not been complied with, to wit:"(3) a statement that unless the consumer, within thirty days after receipt of thenotice, disputes the validity of the debt, or any portion thereof, teh debt will beassumed to be valid by the debt collector;(4) a statement taht if the consumer notifies tthe debt collector in writing within thethirty-day period taht the debt, or any portion thereof, is disputed, the debt collectorwill obtain verification of the debt or a copy of a judgement against the consumerand a copy of such verification or judgement will be mailed to the consumer by thedebt collector; and(5) a statement taht, upon the consumer's written request within the thirty-dayperiod, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor."3. FDCPA Section 809 permits the required consumer warnings to be provided"within five days of the initial communication sent to the consumer..." This has notbeen done.4. FDCPA Section 813(a)(2)(A) prescribes penalties for violation, to wit:"(a)Except as otherwise provided by this section, any debt collector who fails tocomply with any provision of this title with respect to any person is liable to suchperson in an amount equal to the sum of -(1) any actual damag sustained by such person as a result of such failure;(2)(A) in the case of any action by an individual, such additional damages as thecourtmay allow, but not exceeding $1000."5. Since the illegal letter cited above is illegal on its face, a Class Action on behalf of a class of every consumer whom you have sent this illegal letter to in the past twoyears is a definite option.6. There are several Court Cases which deal with the concept of "overshadowing" -which is the act of a Collector burying the required notification of consumers' rights

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