Mann Bracken AGAIN... lawsuit
Date: Wed, 05/27/2009 - 09:02
To start, Mann Bracken has been contacting (well, trying... I ignore their calls, just hang up or don't answer) for over 6 months now.
The beginning of last month (April), I was served via the Sheriff's Office with a suit through Superior Court.
I filed my response with the court and via certified mail to Mann Bracken requesting proof (any sort of signed contract, signed receipts, etc) that this debt was mine. If it is my debt and they can prove, I will pay it but it won't be at a lump sum.
Yesterday, in the mail I received a packet from Mann Bracken asking 18 questions in one section, the next section saying I had to admit to bunch of statements, and the third section wanting ME to provide all contracts, bank ledgers, receipts, etc.
Now, what in the world should I do? I sure as hell don't know anything about this debt (supposedly with Capital One). If I did, I would have paid it. I paid all my other cards off and none were ever late. Got the credit report to prove that.
When I get home this evening, I will scan and post the documents they sent to me through the mail. It is insane. All I wanted was verification and validation of the debt. It doesn't seem they can prove it unless I give them the items.
First off sorry to hear about your situation. Have you visited
First off sorry to hear about your situation. Have you visited your legal aid office yet (if your income level is low right now you qualify)?
On the discovery they launched against you with all the questions for documentation. Of course do not respond with any documents for them but instead consider filing a discovery against THEM! Find all legal papers they have on you and if they can produce none you should be off the hook since they in fact won't have any. What they will try to do though is to file for Summary Judgment against you when they see your discovery. Of course show up for court and inform the judge you have a discovery which is being delayed by the other party. You should buy yourself time and have the Summary Judgment dismissed that day or delayed by the court until the discovery is answered from the other atty's. What will happen here as I found out with Dominion Law Associates out of Virginia (Hey Camille French) is they will not have set evidence against you and will try 2-3 times for summary judgment only to lose from lack of evidence. You can however (while the case is active) file a counter-suit for harassment in certain cases where the plaintiff had no physical evidence......just leave your options open and be sure to record all conversations. These uneducated scum bags ALWAYS mess up.
Guest made some good points, I'd also like to add before you wer
Guest made some good points, I'd also like to add before you were served when this all started did you receive a dunning letter and did you send a debt validation letter with a C&D in it? I know you said you filed with the courts, but did you also ask before it even got this far?
I didn't receive any letters until around the time the summons w
I didn't receive any letters until around the time the summons was served. Although, I only answered one of the first calls from them and requested validation of the debt. Since then, I have not answered anything from them.
Oh the down side though, I forgot to send the C&D. That will be in my next filing against them.
A cease and desist letter may be ok in certain situations but yo
A cease and desist letter may be ok in certain situations but you could find yourself earning money each time they violate the FDCPA. If they are harassing your family, friends, or co-workers be sure to remember they can not state they are from a collection agency or they are collecting a debt. They must only ask for verification of employment or for updated information on how to contact you. Each violation with a signed affidavit will typically results in $800-$1000 in your pocket free cash.
I know these situations are scary but hang in there. Your situation does not look that bad from what I am reading so winning this suit should buy you freedom from future lawsuits but not the occasional collection call.
Contact the court and inquire about Legal Aid. You NEED to have
Contact the court and inquire about Legal Aid. You NEED to have an attorney; this company will walk all over you - their attorneys are slick and even liars. See Bud Hibbs for more info.
"http://budhibbs.com/collectorpages/mann_bracken.htm"
