Phony Summons From Mann Bracken LLP?
Date: Mon, 04/20/2009 - 17:26
Today, (about 90 days later) I received a "summons" from Mann Bracken LLP, delivered by a police officer. The document I received was questionable at best to being a valid court summons. My reason for that are as follows...
1. They are listing Citibank (South Dakota), N.A. as the Plantiff. Citibank discharged this debt in 2007 after 180 days of delinquency. Therefore, Citibank could not be a valid Plantiff in this case since they no longer own the debt.
2. Nowhere on the documents does it provide contact information for the court or information on filing a response. There is no evidence that this document came from the State of Georgia (no state seal, no stamp of any kind, etc.) There is a hand-written case number on all of the documents.
3. At the bottom of all 3 documents is the following "This is communication from a debt collector. The debt collector is attempting to collect a debt and any information obtained will be used for that purpose."
4. I was never asked to sign anything saying that I was served the documents.
So I present the following questions to the community:
- Is this a valid summons?
- Is this a common (illegal) practice among Man Bracken?
- Has Mann Bracken LLP really filed suit?
- How can I find out if they filed suit?
- How can I confirm the validity of these documents?
- If they did file suit, how should I respond?
- Was I served improperly?
My research about Mann Bracken has led to some pretty unsettling discoveries about them. They don't appear to play by the rules, and I'll need all of the help I can get in dealing with these scumbags.
reply
to answer some of your questions.
check with your court clerk to be sure.they should have the docket # with a court date.
that should answer just about all of your questions.they should also be able to help in responding if it is real.so check with your county court clerk.they will confirm if that is real.
Check with your local court and see if they actually filed.
Check with your local court and see if they actually filed.
Are you sure it was a "real" police officer? If so and the summons was fake I would go and ask if they are aware they served a fake summons.
You generally don't sign when be served the serve signs a document stating that you were served, when and where.
Also ask the court if there are any rules regarding somebody sending a fake court document.
You might also call the State Bar and file a complaint against Mann Bracken for misleading/false documents.
Thank you Paul, I am paying a visit to the courthouse tomorrow t
Thank you Paul, I am paying a visit to the courthouse tomorrow to confirm the validity of these documents. Is this a common practice for debt collectors? I asked them to validate the debt in writing, they never did. They just responded with this "summons" almost 90 days later. If this went to court, could I use that in my defense?
Mann Bracken
They put a garnishment on my Sun Trust checking account. I had no idea whaty was happening or if this is legal. Have they done this before??
I am not to sure. I will tell you that it appears they have gott
I am not to sure. I will tell you that it appears they have gotten a default judgement against you and levied your bank account. :shock:
And contact your bank and request a copy of the request/order so
And contact your bank and request a copy of the request/order so you know exactly what it is before you proceed. If it was a judgment and you didn't know about it, you can have the judgment vacated for improper procedure, but first things first.
I'm a 69 yr old man.. Retired on a small pension and social se
I'm a 69 yr old man.. Retired on a small pension and social security.. Mann Bracken is threatening me with a suit.. am I judgement proof.. I live on $1500 a month, and cant pay my credit card debt. Frank
Mann Bracken are monsters. What state are you in? How much is
Mann Bracken are monsters.
What state are you in? How much is the debt? Is that the only unsecured debt you have? Have you tried asking the credit card company about a hardship program?
a joint account.
My girlfriend and i have a joint account together and these people from Mann bracken said that they would freeze her account,well it's my account to and i have nothing to do with this debt.can they freeze the account with my name on it?
They have to sue you and win, and get a court order.
They have to sue you and win, and get a court order.
If it is a joint account and they sue your girlfriend or you and
If it is a joint account and they sue your girlfriend or you and get a judgement, the account can be frozen.
Still At It!
Even though Mann Bracken's days are numbered, they continue to go after consumers for money. They may wind up having to repay all the money that they are collecting right back to consumers, with all the lawsuits, state investigations...and class action lawsuits...as well as potential federal probes coming down the line!
I certainly hope so. It's always nice to see real justice happen
I certainly hope so. It's always nice to see real justice happen, as rare as that seems these days... :|