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Who's the plaintiff here?

Date: Mon, 07/20/2009 - 13:11

Submitted by anonymous
on Mon, 07/20/2009 - 13:11

Posts: 202330 Credits: [Donate]

Total Replies: 3


Mannbracken sent me a "warrant in debt summons" for an alleged credit card debt. They included some paperwork with my name and an old address, an amount, and a charge off date. There is a court date (I checked). What's fishy is that they listed the credit card company as the plaintiff, even though the attachment they included says that this so-called debt--which I have no knowledge of--was charged off. MB listed themselves as "attorneys for the plaintiff".
Can the credit card company actually be the plaintiff in a charged-off case? Something tells me that MB has really bought this thing and is misrepresenting the real plaintiff. Any advise from those experienced in this is much appreciated.


Charge-off is only a tax notation. It means they wrote it off as a loss. Once they recover some of that, they will update the Charge-off to C/O recovered, paid, settled, or what have you. That is why you get a 1099C when you settle - so big unk can get his "share".

Creditors don't usually sell the debts until at least 2 years of no contact and no collection agency was able to collect it.

File a Motion for Discovery - so they have to *prove* it is your debt and that they have the legal right to collect it, and make sure you go to court!


lrhall41

Submitted by Chrys Henderson on Wed, 07/22/2009 - 05:05

( Posts: 2538 | Credits: )


If MB's letter includes a statement that you have 30 days to dispute the debt, send them a letter via certified mail disputing the debt. They must provide validation of the debt before moving forward with additional collection tactics. Another idea-- Mann Bracken usually uses arbitration to collect debts, through a company called the National Arbitration Forum (NAF). But the NAF was just sued by the Minnesota Attorney General and has agreed to shut down new arbitration actions starting this Friday, 7/24. If your case is already pending in the NAF, you won't be helped, however. But seek out a consumer law attorney in your area by visiting the website of the National Association of Consumer Advocates (NACA) who should be able to clear up the legal status of the account. Good luck.


lrhall41

Submitted by sarahporiss on Wed, 07/22/2009 - 06:06

( Posts: 49 | Credits: )