Hopefully you don't have to actually implement this step but if you do, here's the letter.

At this point you need to take all your proof (copies of previous letters and proof of deliveries), make copies of all of them and file a complaint with the FTC plus your State Attorney General.  Write a simple letter stating that they have not provided proof of your debt as is your legal right, nor have they removed the negative and derogatory reporting which is having a negative impact on your credit file.

Send them to both entities, and again, retain proof of delivery.

Then, write this letter.  Keep a copy for your records, send the letter off to the collection agency, and send it Certified Mail plus retain proof of delivery.   Then follow up by filing at your County's Small Claims Court.

______________________________________________________________________________________

Your name and address here)
(Collection agency name and address here)

(Date)

RE: Dispute letter of (insert date)

To whom it may concern:

As I have not heard back from you in over 60 days regarding my notice of dispute dated , and you have not supplied the demanded proof of the alleged debt, under the doctrine of estoppel by silence, Engelhardt v. Gravens (MO) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact, exists.

In a good faith effort to resolve this matter amicably, I restated my demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine.

For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information:

Please evidence your authorization under 15 USC 1692 (e) and 15 USC 1692 (f) in this alleged matter. What is your authorization of law for your collection information? What is your authorization of law for your collectiion of this alleged debt? Please evidence your authorization to do business or operate in the state of ? Please evidence proof of the alleged debt, including spedifically the alleged contract or other instrument bearing my signature. You have fifteen (15) days from receipt of this notice to respond, your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letter(s) in error, and this matter is permanently closed.

Your continued silence is unacceptable. Either provide the proof of correct the record to remove the invalid debt from my credit files with the three primary credit reporting agencies, Experian, TransUnion and Equifax. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act.

Failure to respond within 15 days of receipt of this registered letter will result in a small claims action against your company. I will be seeking $5,000 in damages for the following:

Defamation
Negligent Enablement of Identity Fraud Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriff's Office in your county and I will begin the process of attaching property or funds to satisfy the judgment.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status.

I affirm under penalty of perjury under the Laws of the Land for the United States of American, that the foregoing is true and correct, to the best of my knowledge and behalf.

Sincerely,

(Your signature)
(Print your name)
(Print your address)

Cell:

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