Notice of Pending Lawsuit — FDCPA

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Notice of Pending Lawsuit

Send this notice after completing your administrative process and establishing your position. It gives the creditor or collector five days to cure violations of the Fair Credit Reporting Act (FCRA), the Fair Debt Collection Practices Act (FDCPA), and your state's consumer protection laws before you file suit. Always give notice before a suit — they may withdraw.

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When to use this notice

After you have completed your administrative process
After you have sent validation/dispute letters and established your position
Before filing a lawsuit — as a final opportunity to settle
When you have documented FCRA, FDCPA, or state law violations
When you have billing errors under 15 USC 1666 that were not addressed

Notice template

[YOUR FULL GIVEN NAME] RE: THE [ALL CAPS NAME] ON THEIR OFFER ACCT# [ACCOUNT NUMBER] [YOUR ADDRESS] [YOUR CELL#] [YOUR EMAIL] [CREDITOR'S NAME] [CREDITOR'S ADDRESS] [YOUR DATE] NOTICE OF PENDING LAWSUIT To whom it may concern, This is being sent prior to filing suit as an opportunity to amicably cure credit name violations of the Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681b, Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. § 1692c(a)(1) and the [YOUR STATE] Consumer Collection Practices Act, [YOUR STATE STATUTE]. I claim there are BILLING ERRORS as well, and per 15 USC 1666 you must stop and deal with the issues I have. I am willing to settle these matters amicably without having to file suit and am giving you five (5) days from receipt of this letter to take the opportunity to do so. If the credit name chooses not to settle the matters at hand, then I will have no choice but to file suit and seek my remedy in a court of law. I can be reached directly at [YOUR PHONE] (cell) or via [YOUR EMAIL] — This cell number is not to be called, shared, or used for any purpose other than to address the matters at hand. Calls will be recorded. Respectfully, _______________________ [YOUR FULL GIVEN NAME]

Important reminders

Send this AFTER completing your administrative process — not before
Replace [YOUR STATE] and [YOUR STATE STATUTE] with your state's laws
Send via USPS Certified Mail with Return Receipt
The five-day window starts from their verifiable receipt
Keep all prior correspondence as evidence for the lawsuit
Document all billing errors under 15 USC 1666
Consult an attorney before filing suit — this is not legal advice