Moore Law Group Notice of Intention to sue

[manitislate]

I've been doing as much research as possible, and have read tons of post here. I manged to find a post titled "moore law group threatening sue 10 days" (I'd post the link, but I'm a new account).

It's pretty much the same letter as in the above post, however today is the tenth day. I'll repost the letter just in case:

My First Name and Last Name

My Address

Re:

Obligation owing to: American Express Centurion Bank

Account Number: xxxxxx

Balance owing of $xxxx

NOTICE OF INTENTION TO SUE AND INCUR COURT COST AND LEGAL FEES

CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 1033((2)

Our client has authorized us to file a lawsuit to collect the bance owing on the above referenced account. In addition to seeking a judgment for principal and interest, we will ask the court to award court costs and reasonable attorneys' fees.

You may be able to settle this account for less than the full balance or to arrange to make payments on the account over time. But, if we cannot reach an agreement to resolve your obligation within ten (10) business days from the date of this letter, we will file a lawsuit.

Please call us to resolve this matter before we file suit. Our TOLL FREE NUMBER is 1-800-xxxxxxx.

We look forward to hearing from you.

The Moore Law Group,

A Professional Corporation

Kenya Williams, Esq.

This communication is from a debt collector in an attempt to collect a debt. Any information received will be used for that purpose.

[skippy1960]

Yes that is a letter saying they intend to sue, but really don't know what your question is??????

I know you are new and we want to help.

Don't worry you will be an expert poster in a few days or months, justice moves slow in California as the courts have no money.....

[skippy1960]

Other good news I see is that there are only 4 x's after the dollar sign, which means it is less than $10K

[manitislate]

Dang it, forgot to ask what I should do I noticed that in the post I mentioned that person sent a letter to them requesting proof. My 10 days have expired should I still send a letter? Should I call a lawer? Should I wait for a suit? What if they don't serve me, and I get a judgement for not showing? I have a lot of questions and I'm very nervous.

by the way...yes, it is less than 10k.

[Seadragon]

Look at the complaints filed in your court for the plaintiff's, and prepare a demurrer, an answer or both for those form complaints. when you are served send a bill of particulars to them the same day and get ready for the fight.

You are lucky and have advance notice. so watch for being served check the courts website.

[Coltfan1972]

First, they probably are going to sue because if they don't, believe it or not, you can sue them for not suing you when they told you they would. I say that because of the FDCPA disclaimer at the bottom of the letter, therefore, they are conceding they meet the definition of a "debt collector" for FDCPA purposes.

Read CALAWER'S posts and Sea Dragon. California has some different procedures, which in my opinion, help the debtor more than they hurt.

Your questions are impossible to answer without just tons of speculation. Can't ever hurt to contact a lawyer, but I'm assuming if you're here and getting sued you probably don't have a couple of grand laying around for an attorney.

Is that the only disclaimer on the letter and is this the first letter you have received from this law firm? This is actually fairly important as to a possible strategy and counter lawsuit, but need to know how many prior letters, if any, you have received from them.

[skippy1960]

Nervousness and fear are driven by not knowing. You are at a site that will help you increase your knowledge base, which will diminish the fear over time.

So you 10 days have past. Here are a couple of suggestions-

Assuming this is the first communication you have recieved, from the fine Moore Law Group, you would have 30 days from date of reciept to send and ask for validation of the debt.

Next I would find my way to your online court in you county and look up your name. You will be able to see if they have filed a complaint against you. Depending on your county there should be some dates about when they filed.

Don't worry filing it has no affect until you are actually served a summons, and this is done in person, most of the time in California. Not the only way to be served, but generally the way it is done.

So you have time to learn about answering a complaint, possibly look at using the arbitration strategy as a way to defend.

I am sure you will have more questions we will do our best to keep you pointed in the right direction......

[manitislate]

Assuming this is the first communication you have recieved, from the fine Moore Law Group, you would have 30 days from date of reciept to send and ask for validation of the debt.

Next I would find my way to your online court in you county and look up your name. You will be able to see if they have filed a complaint against you. Depending on your county there should be some dates about when they filed.

Yes, this is the first letter they've sent me, however I have recieved phone calls from them asking me to call them back, but never any info on the phone calls.

I plan on sending a letter CMRRR saying "I am writing in response to the letter received from you on date xx/xx/12, which is the first communication from you. I dispute this debt, Validation is demanded."

Look at the complaints filed in your court for the plaintiff's, and prepare a demurrer, an answer or both for those form complaints. when you are served send a bill of particulars to them the same day and get ready for the fight.

I tried to do some research on where to look up complaints, but I couldn't find it. I live in Riverside County, CA and the Moore Law Group is in Orange County, CA.

Read CALAWER'S posts and Sea Dragon....Is that the only disclaimer on the letter and is this the first letter you have received from this law firm? This is actually fairly important as to a possible strategy and counter lawsuit, but need to know how many prior letters, if any, you have received from them.

Sorry I'm a bit confussed, I'm not sure which posts I should be reading

This is the first letter they've sent me, and I posted everything that was on the letter so, yes that was the only disclaimer on the letter.

[Coltfan1972]

If it's the first letter to you then it needs to advise you of your 30 day right to demand validation. If it does not, it's a violation of the FDCPA.

[legaleagle]

try looking here:

The Superior Court of California, County of Riverside

[JoshuaT]

If it's the first letter to you then it needs to advise you of your 30 day right to demand validation. If it does not, it's a violation of the FDCPA.

So assuming that a Plaintiff is being represented by a law group, and the lawyer sends a letter like the one above that doesn't advise of the 30 day right...

Would the violation have been committed by the lawyer/group, or the plaintiff?

[antiquedave]

Any of the phone calls on your voice mail or recorded

when they called did they say this is xyz collection agency and that this is an attempt to collect a debt or did they just leave a message that this was an important call please call us back?

Was the letter from the Moore law group the first one you received from them?

[Learnin]

So assuming that a Plaintiff is being represented by a law group, and the lawyer sends a letter like the one above that doesn't advise of the 30 day right...

Would the violation have been committed by the lawyer/group, or the plaintiff?

Also, if one were to cross-complain for a violation by the plaintiff's representation, would the cross-defendant be the Law Group LLP, or one of the individual lawyers?

[skippy1960]

If the letter has a signature by a lawyer, both the lawyer and firm could be invited to the party.....

[Learnin]

If the letter has a signature by a lawyer, both the lawyer and firm could be invited to the party.....

Cool, thanks.

[Learnin]

If the letter has a signature by a lawyer, both the lawyer and firm could be invited to the party.....

Hmmm. So as I'm sitting her trying to put my first attempt at a cross-complaint together...

What is the difference between what a law group/firm does (as the group itself doesn't -do- anything), as opposed to what it's individual lawyers do?

If lawyer A that works for Law Group sends, for instance, a menacing/threating letter full of anthrax, is the Law Group and the individual lawyer liable, or just the individual, or does the the Law Group entity take the hit for all it's members.

Skippy said 'both' could join the party. I see what to do for the individual, but how does one say the Law Group entity did something bad?

I mean, technically it's the Plaintiff that is misrepresenting the debts and not providing adequate evidence. But Lawyers put the pens to paper.

Once the Plaintiff hires the Law Group......what is the line between the Plaintiff's actions, and the Law Group's actions (do they have any?), and the individual lawyers' actions?

--

(Also to whom it may concern, please refrain from warning me to not to mess around with a cross-complaint if I don't know what I'm doing. I'm clear I don't know what I'm doing, and I'm learning as I go, and there's only one way to learn. And I'm smart enough to know not to put in a cross complaint if it's crap.)