set up a payment plan, but have summons, do I still send an answer?
Date: Thu, 10/30/2008 - 19:50
- I live in California.
The SOL is not a factor, I made payment this year.
The original creditor, HFC, is stated as the plaintiff
I did have 30 days to respond before I received the summons, but I didn't dispute the debt.
The debt plus the court fees, which I am also being sued for, total about $3200
The Story:
I have received a summons from Mann Bracken, and yes I have read a bunch about them on this site and others, but I worked out a plan on the phone and I am now waiting to get the written proposal. I am afraid I will not receive this before the 30 days stated in the summons passes. I went to the clerks office and got the proper forms, but since I don't dispute the debt what do I do? I don't want to lose by default but they said they will get a judgement and it would only be carried out if I default on the payment plan. I am ok with this, but I am afraid they will garnish my wages or my bank will get ordered to release my account.
I am just unsure what to do when I don't dispute the debt and as far as I can see Mann Bracken hasn't done anything wrong yet except maybe giving me the absolute minimum amount of time to do anything, but that's not illegal.
Any thoughts on what I should do?
THANKS!
I went throught the same thing. I went and answered the summons
I went throught the same thing. I went and answered the summons anyway. If you don't have the paperwork yet, they could be stalling, hoping you would not file an answer, so make sure you do.
Make sure you read the paperwork too before signing everything, I made a big mistake they screwed me and I'm paying for it now, I have to file bankruptcy.
Good luck
One ore thing Norcalgal, You are saying that they will enter
One ore thing Norcalgal,
You are saying that they will enter a judgement and it will be carried out if you don't follow the payment plan? What happened with me was the same thing, I payed accordingly and they entered a default anyway claiming I didn't pay.
Just wanted to chime in and let you know that in CA, along with
Just wanted to chime in and let you know that in CA, along with a handful of other states, a payment does not reset the SOL unless it is accompanied by a written acknowledgement of the debt and a written promise to pay.
i got all the paperwork today. It includes the agreement and th
i got all the paperwork today. It includes the agreement and the stipulation that is I don't follow through with the agreement they will continue with the litigation. The agreement is fine except for the 25% down that was difficult but since I intended to pay it back and want to I am going to do it.
All that i heard about Mann Bracken still freaks me out. so I am going to open a new bank account and just pay them through my current one. I know that won't matter if they get a judgment against me but I don't intend that to happen.
now I need to deal with the other creditors. I am hoping they will be easier.