Attached is a copy of my lawsuit with the following summary of details:
Pretrial Conference: (Date, time, location)
Case Number: 19999-299-3999
Orange County (sample county
court of sample dispute letter)
Date Filed: 08 March 2013 (sample
date)
Since I am
having great difficulty in getting appropriate responses from you within the prescribed time as required by law, I have filed
the above lawsuit against your company.
As
an identity theft victim, I have requested the removal of negative items that are not mine on my credit report. After contacting
all creditors on the anomalous listings and challenging these false items, none of them provided proof that I did incurred
those debts.
I have asked these creditors in
writing via registered mail for proof that I indeed was their customer such as any receipt, contract or other instrument that
I have signed. So far, after more than 90 days, I have not received any proof. I have likewise sent follow-up dispute letters
(sample also attached) but still, I got the same result; nothing.
Likewise,
I have tried phone follow-up. I only got transferred from one customer service representative to another. I've spent most
of my time listening to call waiting tunes and pre-recorded generic messages instead of talking with a live person and yet
still, nothing.
Based on the above circumstances,
estoppel by silence allows for the presumption that no such proof on my alleged debt exists nor the existence of such debt
[Wiser v. Lawler, 189 U.S. 260 (U.S. 1903)]. It is the obligation of these creditors and/or your company to provide those
appropriate proofs but you have not done so after so much effort on my part. On the pretrial conference, I will bring with
me the certified true copies of several actual dispute letters (not just a sample dispute letter) that I have sent including
proof of notice and/or receipt of those via registered mail.
Please
be reminded too that the Fair Credit Reporting Act provides that when disputed debt items cannot be supported by evidence,
then such items should not appear on my credit report. Moreover, when such debt items remain unverified after 30 days, then
inaccurate information on my credit report should be removed.
Your
responses in writing claim to have "verified" the debt information that I have challenged. However, the law requires more
in the case of an identity theft. You asking alleged creditors to match numbers on the computer is not verification in my
case. An identity thief used my information without my knowledge and/or authorization hence, those numbers will match up.
Simply stated, your action in this matter is not sufficient.
You
may contact me before the pretrial conference on this phone number: 999-9999-9999 [this is just a sample dispute letter phone
number please insert yours] or at my address.
We
can settle this matter if you agree to remove the false and/or inaccurate information that is/are reflected on my credit report
and on my file at your database. I would appreciate a response in writing and hand signed by you or your authorized representative(s)
which I should receive in a timely manner before the pretrial conference.
The items to be removed from my credit report are: (list all accounts and account numbers below.)
If your response will be the same debt information "verified"
letter, then we will proceed with the pretrial conference. I will ask the court for the removal of the false and/or inaccurate
information from my credit report. I will also pursue the full judgment allowed by law against Credit Bureau XYZ for defamation
and violations on the several provisions of the Fair Credit Reporting Act.
Your written response will be greatly appreciated and hopefully, we can settle this matter without
a court battle in Orange County (sample county court of sample dispute letter).
Sincerely,
Your Signature
Your Name SSN# 299-39-4999.
Your Address, City, State, Zip