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Letter from Mann Bracken Attorneys, what does this mean?  

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I received a letter from Mann Bracken, LLC. They state in the letter that:

The contract that your original Cicuit City account provides for the resolution of claims or disputes by means of arbitration.


-AND-

My firm is not licensed to practice law in your jurisdiction and will not persue any legal action in the state or federal courts.

So, the account is going into arbitration? What does that mean? And if they are not allowed to practice law in my state (NY), then why are they contacting me to resolve the matter?
 

asked Jan 25, 2006 10:18 AM

OverMyHead
Best Answer
8
best answer

And if they don't submit proper validation in Discovery, file a Motion to Dismiss with Prejudice for lack of evidence.

The judge will favor the side that presents the most convincing case. You can't just sit back and expect everything to come out in the wash, you have to defend yourself with every tool available to you in the toolbox of Law and court procedure.

And this is precisely why it is recommended to get yourself an attorney (you can get a referral through Legal Aid if you cannot afford one) because if you go in with a defeatist attitude then you are already defeated.

answered Sep 9, 2009 03:52 AM

32 Answers

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The first statement given by the law company states involving your attorney for payment arrangements towards your debt to the creditor.

And,

The second one implies that the law company is not licensed to do their business in your state. It thus means that any kind of disputes will be resolved in the court in THEIR state of business.

Now, you need to check the statutes in your state that will be applicable on this law office.

For your understanding, I have picked the website of Dept. of Consumer Affair of New York city. Know your legal rights before paying the debt.

http://www.nyc.gov/html/dca/html/law/law.shtml

answered Jan 25, 2006 12:24 PM

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Quote:

It thus means that any kind of disputes will be resolved in the court in THEIR state of business.


Really? cause I thought they had to be licensed in your state or they couldn't pursue you? or does this only purtain to collection agencies?
wow, I learn something new here every day...thanks John, you're very informative!! shirley

answered Jan 25, 2006 09:45 PM

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Hi Shirley, not all the federal statutes are applicable on the collection agencies. But there are some that should be necessarily followed as per the state laws. For example, these are the requirements as per the statutes in WY.

http://audit.state.wy.us/banking/cab/cabfaq.htm

Check your local attorney general office for the specific statutes applicable in your state. It must be followed by any collection agency or the law office not licensed to do business in your state.

answered Jan 26, 2006 12:52 PM

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I got the letter from them they just keep calling. and the letter says about arbitration and they cant practice in the state of N.H.they said if they have to they will get a law firm up here.I am in financial trouble since last september.I did not mean to get in this trouble it just happened.I do at some point want to payoff circuit city at some point which was backed by chase bank because I had good credit 6 mounths ago but I will be dammed if Im going to clear this up with mannbracken and still have bad credit,I would rather pay chase not them bloodsuckers.Thankyou What can I do and what are my rights up here in N.H.

answered Mar 5, 2006 09:04 AM

Anonymous
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Hollis,

You can contact your creditor to inquire if they can accept payment for this account. If your creditor disagrees to work with you, contact the law firm that has sent you the letter. Explain your problem and try to arrange some payment plan so that you can afford it.

BTW, have you checked the SOL of the debt? SOL starts from the date of last activity seen in the account. It varies for different states. You can check it here-

http://www.debtconsolidationcare.com/forums/state-sol.html

If the account is out of SOL, no legal action is enforceable. Keep us updated.

answered Mar 6, 2006 12:10 PM

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Overmyhead, what the second statment means is that the will not fiel a suit because they are not licensed. Most states have a Uniform commercial code that says that a resident cannot be sued in a collection matter in that state unless their attorney's are licensed in that state. It sounds like in this case they are acting as a collecotr instead of an attorney.

answered Mar 6, 2006 04:03 PM

jj
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I received a letter from Mann/Bracken as well about arbitration. I have sent them a faxed letter asking them to stop callingme since discussing the matter is mute. I have been homeless for over a year now, living in my truck and have been under the care of 3 Physicians for 5 years due to a crippling disability and the inability to work. My case is not settled fro compensation and I have no income what so ever. So why does this firm still call me everyday? Sometimes three times a day? I have informed them and the President/CEO of the credit card company that I have nothing to give and until the state starts to pay me my disability they are wasting time hiring a law firm. Does this make sense?

answered Jun 22, 2006 12:41 PM

Anonymous
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Since you have the debt, the company has the rights to contact you and recover the amount from you. You can't stop them from taking actions if they intend to. How old is this debt and when did you make the last payment? Verify the SOL period of this account if it has expired.

answered Jun 22, 2006 02:49 PM

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They are always abusive and impossible to deal with. When I threatend them with determining to get thru to their "real attorneys" they stopped calling me.

answered Nov 7, 2006 08:28 AM

Anonymous
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