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Being sued by Mann Backen

Date: Fri, 08/14/2009 - 15:05

Submitted by anonymous
on Fri, 08/14/2009 - 15:05

Posts: 202330 Credits: [Donate]

Total Replies: 7


I received the summons on 7/28/09. The file dated shows 7/8/09.
I live in california and I went to the LA Superior websuite and typed my case #. It stated this:

ORDER TO SHOW CAUSE HEARING/CASE MANAGEMENT REVIEW SIGNED
AND FILED BY EDWARD C. SIMPSON TO SHOW WHY SANCTIONS
SHOULD NOT BE IMPOSED FOR FAILURE TO FILE PROOF OF
SERVICE PURSUANT TO CRC 3.740(E). MATTER SET FOR HEARING
ON 01/11/10 AT 08:30A M., IN DEPT. NER . CERTIFICATE
OF MAILING FILED.

What does that mean. What should I do. I can't afford the $4588.00 suit.


You are in California right?

CRC 3.740(E) refers to what the Plaintiff is required to do?

It is possible that MB failed to serve you with the original suit and the court is imposing this hearing to find out why they never served you.

Go to the court house and ask the clerk if this is something that pertains to MB or you.

Are you being sued in Superior Ct or Small Claims. The amount is within Small Claims jurisdiction.

proof of service is on Mann Bracken. They have to file a document that states when, where and how you were served with the court.
You should have 30 days from date of service to respond. So you have until Aug 27.

How were you served?
in person by deputy, process server?
by mail certified?

In regards to the validation letter, it is worthless now since a suit has already been served.

You need to answer the summons, you should have gotten the form with the original docs. If not go to LA's court website and you should be able to find them there.
Basicaly you want to answer with something to the effect that you have insufficent knowledge of this debt to answer.

then get the form that demands they present proof of the debt.


lrhall41

Submitted by on Sat, 08/15/2009 - 20:09

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Check out the budhibbsdotcom site...click on "debt collectors exsposed" link....you will find that Mann is being sued with many other debt collectors AND CREDIT CARD COMPANIES in major class action law suits. Not sure, but you might be able to use this as your defense.


lrhall41

Submitted by on Sun, 08/16/2009 - 06:36

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I was served by personal delivery. The person that received the summons was just 17 years old.

Which response shall I answer. I don't know which one Below.
I got this from The Los Angeles Superior Court website.

What Are Common Responses To A Complaint?


Demurrer

A type of motion where the defendant asserts that a response is unnecessary due to a legal defect in the complaint.


Motion to Strike

This motion is similar to a demurrer but is used to request the Court to strike (void) an answer due to a defect within it.


Motion to Quash

A request for the Court to quash (void) service of the summons and complaint. The motion is usually made on the grounds that the litigant is not under the jurisdiction of the Court.


Answer

A response from the defendant setting forth the grounds of the defense to the allegations contained within the complaint or the response from the plaintiff setting forth the grounds of the defense to the allegations contained within the cross-complaint.


General Denial

A response from the defendant denying all allegations contained within the complaint or the response from the plaintiff denying all allegations within the cross-complaint.

If a defendant files any motion or demurrer, hearing date for that motion will be set prior to the trial process. Motions have a minimum 16 court day notice period to allow for the opposing side to prepare for the hearing.

If the Defendant files an Answer or a General Denial the case must be set for trial. Arbitration/Mediation is required for all cases except the following:


Trials with a time estimate of less than one day.
Jury trials
Class action lawsuits
Actions that include a demand for equitable relief.
Actions entered into mediation by the parties.


lrhall41

Submitted by on Mon, 08/17/2009 - 08:53

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I was served by personal delivery. The person that received the summons was just 17 years old.

Which response shall I answer. I don't know which one Below.
I got this from The Los Angeles Superior Court website.

What Are Common Responses To A Complaint?


Demurrer

A type of motion where the defendant asserts that a response is unnecessary due to a legal defect in the complaint.


Motion to Strike

This motion is similar to a demurrer but is used to request the Court to strike (void) an answer due to a defect within it.


Motion to Quash

A request for the Court to quash (void) service of the summons and complaint. The motion is usually made on the grounds that the litigant is not under the jurisdiction of the Court.


Answer

A response from the defendant setting forth the grounds of the defense to the allegations contained within the complaint or the response from the plaintiff setting forth the grounds of the defense to the allegations contained within the cross-complaint.


General Denial

A response from the defendant denying all allegations contained within the complaint or the response from the plaintiff denying all allegations within the cross-complaint.

If a defendant files any motion or demurrer, hearing date for that motion will be set prior to the trial process. Motions have a minimum 16 court day notice period to allow for the opposing side to prepare for the hearing.

If the Defendant files an Answer or a General Denial the case must be set for trial. Arbitration/Mediation is required for all cases except the following:


Trials with a time estimate of less than one day.
Jury trials
Class action lawsuits
Actions that include a demand for equitable relief.
Actions entered into mediation by the parties.


lrhall41

Submitted by on Mon, 08/17/2009 - 09:01

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I too was served by Mann Bracken and awaiting a court date.

There is a really good legal aid service in Santa Monica at the Santa Monica Court House. They helped me fill out the answers to my summons. Don't know where you live but the court should be able to direct you to one.


lrhall41

Submitted by on Mon, 08/17/2009 - 17:59

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