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Posted: Thu Dec 21, 2006 5:59 pm Subject: summons to court by Mann Bracken LLC

I received a summon from Mann Bracken llc demaned me to file paper with the court clerk. They ask me to pay 26,000 in debt with Citibank. I don't have anything to pay. What can I do ?

Guest · Posted: Fri Dec 22, 2006 9:20 am Subject:

well is this a credit card or car loan? I have dealt with citi bank.

Posted: Fri Dec 22, 2006 9:23 am Subject:

Welcome to the Community Very Happy

First of all, if it is a real court summons, you need to reply in the time it states, and appear on the court date. If you do not appear, they will go ahead and file a judgement . Check with your court clerk to see if this has been filed with them. The judge will look over your financial status and decide what payments to do. In some cases, you can file a hardship and this will be taken into account. But you need to reply if this is a summons. Good Luck,keep us posted..Karen

Posted: Fri Dec 22, 2006 10:08 am Subject:

Definitely appear for the court date. If you don't and a judgment is made against you, they can obtain an order to garnish your wages. This happened to me, and believe me, you don't want to go through that.

Posted: Fri Dec 22, 2006 3:50 pm Subject:

CitiBank can be very harsh in their dealing. They do not care about you at all. As far as they are concearned you are a consumer that broke your agreement to them.

CitiBank will sue for 500 dollars+.

Posted: Sat Dec 23, 2006 11:40 am Subject:

Just to clarify, most civil summonses don't require an appearance, they require a written answer to be served on the plaintiff by mail and filed with the court. There is a fee for filing, usually around $250-350 (in Minnesota, anyway; I'm guessing as to any other state), depending on whether or not you want a jury trial. You can also file a petition to proceed in forma pauperis, but do this well in advance, as it may take a few days to get your petition granted, and the deadlines for answering do not get extended just because you file an IFP petition.

Attached are the first two pages of a three-page Answer I recently filed for a client. This is an example only. The text of an answer and the defenses you would use vary widely depending on the complaint, the jurisdiction, the type of debt, and more. Don't go copying this, because it probably won't apply to your case.

I just post this to give you an example of the type of response required when you are served with a complaint. I would still recommend you consult with a lawyer, or at least do a lot of research into your state's procedural requirements.

Edit: FYI, Citibank is not a debt collector, so the fdcpa defenses probably don't apply.[/i]

Posted: Sat Dec 23, 2006 12:48 pm Subject:

A lawyer is really necessary in making such sensitive decisions. One wrong move will mess up everything. Thanks Sam for your post. I have a friend who has some problems with his creditor and he is considering legal help. I have told him about you and the contact number in your website. I think he will be calling you after the holidays. I am hoping he will get some help after talking to you.

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