Any Party Any Street Any Town, CA 99999 1RE: John Doe v.

John Poe Dear ____: On _________, I was served with a summons and complaint that relate to an alleged debt owed to your company by myself. This letter is to inform you that I am not responsible for any of the alleged debt as I am a victim of identity theft. A true and correct copy of the Police Report which I filed on __________ with the ____ Police Department is attached hereto and incorporated herein by reference. I am sending you this letter as a warning to cease and desist immediately from continuing any further attempts to collect the alleged debt. The law in California, specifically California Civil Code 1798.93[c](5) requires me to provide you with a written notice at least 30 calendar days before filing any cross-complaint seeking my actual damages, attorney fees, and any other equitable relief as the Court deems appropriate. And if you persist in your attempts to collect the alleged debt I can assure you that I will pursue any and all legal actions against you that are authorized by California law. You are now under a legal duty to take diligent steps to investigate my claim of identity theft. If you fail to do so, and I can show clear and convincing evidence that you failed to do so after being properly notified by me, I am entitled to a civil penalty of up to $30,000.00 in addition to any other damages pursuant to California Civil Code 1798.93[c](6). It is my sincere intention to resolve this matter amicably. However, if you do not dismiss your complaint against me within 30 calendar days from the date of this letter I will have no choice but to pursue any and all legal actions and remedies against your company that are authorized by California law. Very truly yours, ______________________

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