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Mann Bracken never sent a notice of lawsuit

Date: Mon, 08/24/2009 - 10:55

Submitted by anonymous
on Mon, 08/24/2009 - 10:55

Posts: 202330 Credits: [Donate]

Total Replies: 8


I got this piece of junk mail the other day stating I had a pending lawsuit from an OC and the company could help. Confused I went to my local court database and looked up my name and sure enough Mann and Bracken had filed on 8/5/09. It stated a notice was sent to me on 8/13/09 but now its 8/24/09 and I have not gotten anything. Who is responsible for letting me know there is a lawsuit? I do not want to be a default judgement. What if I never get a notification? Should I just go down to the court house and file an intent to defend?


go to your court clerk and ask what you should do.was judgement rendered?if not then state you were not served and need to answer if possible.if so.ask how to vacate for improper service.either way you can still avoid a default judgement.that is what mann bracken is after.


lrhall41

Submitted by paulmergel on Mon, 08/24/2009 - 11:20

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I found this while looking at the Maryland Courts:
As a defendant, you will receive a Complaint describing the reason for the suit and a summons notifying you to appear in court for the trial. Even if you believe you do not owe the money the plaintiff is claiming, you must appear in court to explain your side of the story, and you must file a Notice of Intention to Defend.

Within 15 days after receiving the summons, notify the Court in writing that you intend to appear and contest the case. You may do this by filling out the Notice on the Complaint form and mailing it to the Court. If you appear for trial without having sent the written notice of your intention to defend, the case may be postponed.

To me it sounds like I should just wait and see if I get a summons and answer it then. If I never get anything and a default judgement is issued can't I just get it vacated?


lrhall41

Submitted by on Wed, 08/26/2009 - 13:11

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yep.that is in fact how mann bracken operates.default judgements.


lrhall41

Submitted by paulmergel on Wed, 08/26/2009 - 13:28

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If I never get notified and get a default judgement wouldn't it be easy for me to get it vacated since they failed to follow the rules specified by the court?

I have already over the last few months requested validation of the debt by registered mail and I have gotten nothing so either they are incompetent or they cannot validate.

I guess they get by with this type of practice more often than not.


lrhall41

Submitted by on Wed, 08/26/2009 - 14:09

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Mann and Bracken is suing my wife. Just looking for some advice on how to proceed.

Discover Bank discharged debt 4/2008
Mann Bracken started calling my wifes parents house looking for her contact information, multiple times.
Got first letter from Mann and Bracken in June 2009 and asked for debt validation. Got nothing.
Received an intent to sue letter near the end of June before the 30days was up for the first validation request.
Sent second validation request via registered mail on July 23, still have not gotten response from them.
Filed a judgment against my wife on Aug 5th.
Writ sent out on Aug 13th 2009
Just received summons on Aug 28. 2009.

Intend to file intent to defend this week. My questions are as follows:

With the writ there was an affidavit in support of the judgment signed by an attorney in fact for discover bank along with 1 sheet of paper stating my wifes information, the balance and the charge off date. Does this constitute validation?

The name of the Plaintiff is Discover Bank but discover discharged the debt long ago. Shouldn't the plaintiff be Mann and Bracken?

If the debt was charged off that means the discover does not own it anymore and if so their attorneys should not be involved correct?

What is the best way to handle Mann and Bracken with a pending lawsuit?

Thanks


lrhall41

Submitted by on Sun, 08/30/2009 - 09:47

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