3rd party Collector filing suit against me?

[ceejay]

Hello i need help please
I received a letter from MB llc from LV and NV llc; original creditor BOFA

date credit opened was 9/2004
date of las payment was 2/2005
date of major delinquency first reported 9/2005

the letter reads as follows

notice of intention to incur court costs and legal fees by filing suit

our client has authorized our firm to proceed with a lawsuit in order to obtain payment of the above referenced account. we intend to ask the court, on behalf of our client, for an ward of court costs and disbursements incurre and, in those cases where it is factually and legally appropriate, an award of reasonable attorneys' fees incurred. we intend that this be a notice in compliance with the code of civil procedure section 1033 (b) (2) in those cases where that section may be applicable.

you are hereby notified that, unless payment or satisfactory arrangements for payment are made with our office no later than five (5) days from the date of this letter, a suit will be filed in the proper venue and court within california to enforce this debt. in filing suit, our client will incur both court costs and necessary disbursements, and attorneys' fees.

you are notified that the legal action, if filed could result in a judgement against you which would include the costs and necessary disbursements as allowed under applicable law, as well as attorney's fees if our client is legally found to be entitled to the same

rather than increasing the extent of your obligation by any attorney's fees, costs, and/ or disbursements, we request that you make payment in full within 5 days provided.

this is a communication from a debt collector. all information obtained will be used for the purpose of collecting a debt. we ask you to voluntarily comply with your obligation and make payment or arrangements to fully comply with your obligation prior to the filing of suit.

very truly yours,

mbcken llc

this was my first letter ever from MB LLC.

i received a letter 2 months before this from E&A LLC and I asked for a validation of the account which was kind of shady and i also sent out a letter to come into terms of settling the debt at 40% of the actual debt owed. I received no response from E&A so i assumed to gave up.

the total debt is 4660.08 and interest is 1, 354.59

shall i get an attorney??

thank you. please respond asap as i think i'm running out of time

 

[Michael Wechsler]

Who is BOFA? that is the company that claims you owe them a debt. It seems that MB LLC may have purchased the debt at a discount in order to sue you and see if they can collect. Getting an attorney won't help you if there is a debt to pay.

 

[JohnMacek]

First off, send a dispute letter. If this is your first contact with MB LLC, they should have put the full "Rosenthal" FDCPA disclosure somewhere in your letter. If they didn't, you may have a FDCPA violation. Look up your local court records online and search for cases in which MB LLC is a party. If they are a collection law firm, most if not all of their judgments were probably obtained via default. I know of a few who will request the case be dismissed if the defendant files an answer (they just want to get the easy default judgments). If you get served, make sure to file an answer in a timely fashion.
With respect to hiring an attorney, yes, that would be the best choice. Unfortunately, the cost of retaining an attorney will likely meet or exceed the amount in controversy. Try your local legal aid, they might be able to help you find low cost legal advice and/or representation.
File an answer and appear in court no matter what (even if you don't have an attorney). Make them prove that you owe the amount they say you owe. Get as much info as you can from discovery. Maybe they'll dismiss it if you show them you're not going to make it easy for them. Then again, if you owe the money, you should try to make arrangements to pay it. A CA judgment is good for ten years, renewable indefinitely, and bears 10% interest.

 

[LawMind]

Be prepared to pay debt or face bank or income garnishment!!!

Hello Friend,

Unfortunately the letter that you have their shows their intent to get what they feel that they are rightfully due. And if you do not or can not show the Judge proof to the contrary, they will more likely than not be successful in winning a judgment against you for the entire amount in the Statement of Claim plus court costs and attorneys fees.

Now I know that's not what you wanted to hear, but the truth is they have a great dea of leverage on you right now. I would like to offer you some assistance on how you can take away that leverage, but due to some restrictions of this website I am prevented from offering such information, and I like to play by the rules. So if you care to take a point or two from someone that knows this process, please feel to contact me at Sultaun96@yahoo.com.