Just go served by Mann Bracken
Date: Mon, 11/10/2008 - 21:09
I just found out I got served a summons about 2 1/2 weeks ago. The summons was given to my daughter who had no idea what it was and placed it on my desk with out telling me ...The summons is for Capital One from Mann Bracken llc. It's for a credit card I had from Capital One balance of 4k. I got behind in my payments and the account got sent to a collection. I do wanna pay my debt, but unfortunately my business has slowed down to a crawl now and for the first time in my life i am finding my self in a financial hardship.Need some advice on how to respond to this summons. there is no date to appear just a date filed, oct 14 2008. would like to see if a settlement could be reached . Any advice will be greatly apreciatted.
How old is your daughter? I think they have to be at least 16 t
How old is your daughter? I think they have to be at least 16 to be legally able to accept service. You will need to get an answer out ASAP! How old is this debt, IE when did you last make a payment? Have you gotten collection letters at all about this debt? Have you asked for validation (to any collectors)..or is it still owned by Capital One? Oh and what state are you in?
I have heard Cap keeps meticulous records so if this summons is legit you may be forced to pay....but call cap one and see if you can come to some arrangement with them to keep it out of court.
she is over 18 ... the debt is about a year old .yes they have
she is over 18 ... the debt is about a year old .yes they have sent me letters regarding the debt. No I have not asked for a validation. I am in CA .... realy need the help with a response to delay this till I can come up with a plan ...
It should say on the summons how long you have to respond to it,
It should say on the summons how long you have to respond to it, Usually it's 21 days from the time you received it if it was served in person rather than by certified mail. Try to work something out with them, but if you don't, make sure you file your answer with the court or they could get a default judgment against you.
There may not be any way to delay this, if it is already in the
There may not be any way to delay this, if it is already in the court system then you have to abide by the time frame the court dictates. Whatever you do, answer the summons.
What will likely happen is you will be forced to pay, but the judge may be more reasonable and will allow a payment plan you can afford. It can't hurt you to call up Cap one and see if you can work something out.
To delay and to get an answer back to the court, you should go a
To delay and to get an answer back to the court, you should go ahead and send a debt validation letter to them. There are additional things that have to be done before they can take you to court.
does a debt validation letter act as a answer to a summons in lo
does a debt validation letter act as a answer to a summons in los angeles CA courts
Providing your 'answer' is your response to the summons, telling
Providing your 'answer' is your response to the summons, telling the court that 'you intend to defend yourself'. You would list information such as: they have not provided you with a validation of debt, that you dispute the debt, etc. You can't 'delay' answering to the summons waiting for them to send you a debt validation. They'll have to provide it in court. Providing the debt validation is an action they have to take. Providing your 'answer' is an action that you have to take.
But get to the point..
But what do you ACTUALLY SAY in the response to the summons. I'm reading SO MANY stream forums on numerous websites for several hours now.. and they all say the same thing.. .. just respond, don't delay! Respond with what? what do you write? what information? and in what format? what should you NOT include? How long should it be?
and WHERE CAN I GO TO FIND A GOOD (and I mean thoroughly good) list of lawyers - where I don't have to cycle through listings after listings of lawyers that are not in my area, or are the wrong type of lawyers.. (e.g. accident/injury, real estate, etc. )..
Please help.
You should be able to get an 'ANSWER' form from the court. It wi
You should be able to get an 'ANSWER' form from the court. It will have boxes at the top where all the Plaintiff and Defendent info goes. Name, address,etc. There will be an open space for you to provide your answer. Look on the summons you received. Their should be complaints that are numbered: 1., 2., 3., You want to provide your answer to each one of the complaints, individually. You could also go online to find a sample of an answer form. Search for ' court documents' for your state. There are others on this site that can help you better than I. Type in "file an answer" in the search box in this forum. It'll bring up threads that deal specifically with whatever subject you are looking for.There's lots of good info
[quote=r.]and WHERE CAN I GO TO FIND A GOOD (and I mean thorough
[quote=r.]and WHERE CAN I GO TO FIND A GOOD (and I mean thoroughly good) list of lawyers - where I don't have to cycle through listings after listings of lawyers that are not in my area, or are the wrong type of lawyers.. (e.g. accident/injury, real estate, etc. )..
Please help.[/quote]
The National Association of Consumer Advocates is probably the best place to start. See their website at naca.net.
