Chase Filed Suit

to Bebeisis: would you mind if I ask you what was the time frame that they filed suit against you from the last payment you made to them. I owe them a lot and everyday the mail comes I expect to see bad news. Thank you

NACA.net. Is the debt beyond the SOL? When was the last payment made and what state are you in? You don't need an attorney if the debt is beyond the SOL, you can defend yourself if necessary. Did you ever send them a DV letter before you got the summons?

you don't need an attorney to represent you though it would'nt hurt either. If the Mann Bracken attorney shows up, they'll probably just try to pressure you to settle first and if you don't have an attorney with you, they might even try to take advantage of you. Otherwise, if you aren't going to dispute it, just show up and own up to it then they'll get the judgment and start that process of trying to recover it.

After my judgment hearing, they put a hold on my checking account until I came to testify about my assets. They can do that, too before they even notify you about the hearing.

The first thing you need to do is call the court house to find out if everything is actually filed. If the debt is within the SoL you may want to contact legal aide to find out what options you have when you go to court. You will need to bring all of your finance issues to court because the judge will set a payment plan that should be managable and they will have to accept that.

If they filed the suite with the debt past the SoL you will be able to get it dismissed.

The last payment made was June 2007 so I don't think is past the SOL. I did sent them a DV letter in a timely matter and the responded in a timely matter.

The last payment made was June 2007. I didn't get a letter from Mann Bracken until January 28, 2008. I spoke with someone at their office in Aapril 2008. The summons arrived December 20, 2008. I hope that helps.

Was the payment made to Mann/Bracken or the original creditor? You say they responded to the DV letter in a timely manner? Did they provide proper validation, was there documentation proving this debt is yours and that they now own the debt? I can tell you that they are notorious for providing affidavits as validation which is NOT proper validation, it's hearsay unless it is from the original creditor.

Was this for a credit card debt?

Yes this is for credit card debt.

My suggestion would be to talk to legal aide and find out what your options will be once you get to court. As long as they have the valid paper work they will be able to get a judgements. You will need to bring all details pertaning to your financial situation because the judge will set a payment plan that you and they will have to abide by.

Can a lawyer refuse an offer to pay them for a debt on a monthy basis and and file a garnishment?

First he would have to obtain a judgment, then file a Writ of Garnishment, if indeed you are in a state which permits this. Even with garnishment, most states have a long list of exemptions.

I have talked to someone at Mann Bracken and we're close to coming to a payment arrangement, however I refuse to agree to the amount that I can't pay monthly because I am not working. I advised him of that. I spoke with a lawyer from NACA, and he said that if I go to court the Judge does not dictate how much my payment will be. I also have read somewhere that the Judge will have a say in what my monthly payment will be depending on my finances, ect. Can anyone clear up this confusion?

Where can I find info on garnishments & exemptions for NJ?