Letter from Mann Bracken Attorneys, what does this mean?

The first statement given by the law company states involving your attorney for payment arrangements towards your debt to the creditor.

And,

The second one implies that the law company is not licensed to do their business in your state. It thus means that any kind of disputes will be resolved in the court in THEIR state of business.

Now, you need to check the statutes in your state that will be applicable on this law office.

For your understanding, I have picked the website of Dept. of Consumer Affair of New York city. Know your legal rights before paying the debt.

http://www.nyc.gov/html/dca/html/law/law.shtml

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Hi Shirley, not all the federal statutes are applicable on the collection agencies. But there are some that should be necessarily followed as per the state laws. For example, these are the requirements as per the statutes in WY.

http://audit.state.wy.us/banking/cab/cabfaq.htm

Check your local attorney general office for the specific statutes applicable in your state. It must be followed by any collection agency or the law office not licensed to do business in your state.

I got the letter from them they just keep calling. and the letter says about arbitration and they cant practice in the state of N.H.they said if they have to they will get a law firm up here.I am in financial trouble since last september.I did not mean to get in this trouble it just happened.I do at some point want to payoff circuit city at some point which was backed by chase bank because I had good credit 6 mounths ago but I will be dammed if Im going to clear this up with mannbracken and still have bad credit,I would rather pay chase not them bloodsuckers.Thankyou What can I do and what are my rights up here in N.H.

Hollis,

You can contact your creditor to inquire if they can accept payment for this account. If your creditor disagrees to work with you, contact the law firm that has sent you the letter. Explain your problem and try to arrange some payment plan so that you can afford it.

BTW, have you checked the SOL of the debt? SOL starts from the date of last activity seen in the account. It varies for different states. You can check it here-

http://forums.debtcc.com/forums/state-sol.html

If the account is out of SOL, no legal action is enforceable. Keep us updated.

Overmyhead, what the second statment means is that the will not fiel a suit because they are not licensed. Most states have a Uniform commercial code that says that a resident cannot be sued in a collection matter in that state unless their attorney's are licensed in that state. It sounds like in this case they are acting as a collecotr instead of an attorney.

I received a letter from Mann/Bracken as well about arbitration. I have sent them a faxed letter asking them to stop callingme since discussing the matter is mute. I have been homeless for over a year now, living in my truck and have been under the care of 3 Physicians for 5 years due to a crippling disability and the inability to work. My case is not settled fro compensation and I have no income what so ever. So why does this firm still call me everyday? Sometimes three times a day? I have informed them and the President/CEO of the credit card company that I have nothing to give and until the state starts to pay me my disability they are wasting time hiring a law firm. Does this make sense?

Since you have the debt, the company has the rights to contact you and recover the amount from you. You can't stop them from taking actions if they intend to. How old is this debt and when did you make the last payment? Verify the SOL period of this account if it has expired.

They are always abusive and impossible to deal with. When I threatend them with determining to get thru to their "real attorneys" they stopped calling me.

Help me understand here...is the company calling you a CA or the original collector? If it is the orginal creditor I would send a letter of good will to them explaining what happened and that you would like to rectify the situation. If its a CA send them a cease and desist letter.

I received the exact same letter back in July of 2006. I notified my debt settlement company and they have never once tried to contact me at work and they are working with my settlement company.

The OP only posted parts of her letter. My letter says they (Mann Bracken) are not licensed to practice law in my jurisdiction, meaning: they are hired by my Chase credit card balance of 5,000 to try to settle the acct. If they get nowhere, they can either sent back to original creditor or sent to collection agency to try to collect in my state.

I actually have two accts with Chase, each 5,000.00 and they are both with Mann Bracken. One in my name and other in hubbys name. Both accts are working with my settlement company and I quit paying on them over a year ago.

My minimum payments on the cards were 70.00 each....TOTALING 140.00 monthly. Then the new increase law went into effect and it was going to be 210.00 minimum payment. I could not afford that, so I had to do something. I paid 140.00 monthly, faithfully until the law changed for 5 years!!!!!

I called them numerous of times crying to them, worried to death about the new increase in minimum payments and I warned them I would have to file bankruptcy, so maybe that is why they are working with me, I don't really know.

BUT good luck and keep me posted.

:roll: I have not payed my bill to Capital One in over 2 years, in my case due to unexpected occurences that were out of my hands, such as military training, dealing with criminals in the military and taking time away from my own job, to collision on the highway and a new grandbaby in the family you name it it occured and paying off other bills at the time. My first letter informed me about the attempt to collect the debt along with the harrassing phone calls on a daily basis. To a summons to court :( which led to many sleepless nights and anxiety attacks. And my ignorance on the law hasn't helped the situation much either. :x Now I've arranged monthly deductions with Mann Bracken for $150.00per month after 6 months they will evaluate so they say, till the rest is paid off. :wink: So well, only been made to feel like a criminal myself for letting it go this far?! :oops:

Linda you have setup a payment arrangement and that is a good step. I would call Capitol 1 to see if they still own your account.Next I would send a verification letter to Cap 1 to get an updated payment history from them. The collectors need to send you information on the debt.Mainly I would be looking for the balance showing total debt,fees,and interest. By reviewing their info along with Cap 1's info,you can see that your payments are being properly credited.I would also ask collector to send you written receipts for every payment made.This will be for your own protection in the future.

I just recieved a summons notice from Mann Bracken. Funny thing is, is that i didn't sign for it, my ex husband did. It's not signed by the court to say that they recieved it. I'm not sure if this is a bunch of crap or not. They can try to garnish my wages but they won't get much out of them. I don't know what to do. My ex husband was supposed to be paying these guys but apparently not.

Before they can garnish your wages they have to receive a judgement against you from your local court.

I have 2 accounts with Chase credits cards that I am trying to get resloved. Chase will not speak to me and mann bracken will not stop calling me. What do I need to do?

Send them a C&D letter, this will stop the calls.

I am a real estate agent in CA and did not make a liveable salary this year. I borrowed money from a friend to pay rent and bills up until a few months ago. I finally had to contact a debt resolution company called Swiftrock Financial to settle my credit card accounts. They sent out power of attorney, and cease and desist letters to my debtors offering to settle my accounts. Mann Bracken has called and left voicemails representing one of my credit cards. If I am already offering to settle, do I have to deal with Mann Bracken? I left a VM with them telling them to deal with SwiftRock

I have been frustrated with these Mann Brackken people for three years. They said that I owed them 22,000 for an old MBNA account. I was able to pay them 10,000 and then I was making monthly payments, but stopped when I noticed that the balance went up and not down. They then sent me to arbitration and finally got an award. What now?

I have fought with mann brackken for over three years now. I got into a debt elimination program which they did not want to deal with. I was served with an arbitration notice. To avoid arbitratin, I was able to them a large lump sum and then give them monthly payments. I stopped giving the payments when I noticed the balance increasing instead of decreasing. I then received a second notice of arbitration about a month ago. I now received a letter stating that an award was given to them. What now.

Hi I just received a letter from Mann Bracken stating that they are free to garnish my wages , put a lien against my property and attach any assets i have there is a judgement, but they have already seized my accountas and ganished my wage, but they are not getting anything because I don't make much. I was with US fInacial debt relief but they are no help. What should I do?

does anyone know if they can garnish your wages based on the arbitration ruling?

For those of you who have made concession by paying or agreeing to pay or agreed to arbitration there is not much that can be done for you at this time. Why, because legally you have established Mann-Bracken as your creditor even though they are NOT. Here is what will really burn your hind end! You never had to pay them a dime! In essence, MB works for companies that buy distressed debt for about 2 or 3 cents on the dollar and ATTEMPTS to collect. Legally, they own the "debt collection rights" but that is as far as it goes. From the first letter or first call from them you should have denied the debt.....period...and M-B would be dead in the water! The only way they can collect from you legally is by tricking you into a creditor/debtor agreement! They use many tactics to accomplish this! When they can't get you to pay, in frustration they will file a lawsuit against you hoping that this will scare you. They also do not want you to respond to the complaint/summons so that they can have a default judgment! If you are at this point RESPOND with "I deny this debt and challenge the Plaintiff to prove it." And definitely show up for your court date! Warning! If you don't hire a lawyer then there is much more that you need to know before you go to court! Search the internet! Wiki answers legal section is a great place to start. I am writing up everything I know there. I speak from experience......I just handed Mann-Bracken/Resurgent/LVNV Funding their BUTTS on a platter yesterday in court! The Judge ruled in my favor with prejudice! Me, a laymen, armed with only information I mined from the internet, defeated a Lawyer in court!

YES! Once they have a judgment against you they have many ways to collect, garnishment is one. I'm not sure about arbitration, I don't think it means anything, it's just another method the debt collectors use to steer you away from your legal rights. I think that only and unless they have a judgment against you can they garnish your wages.
I AM NOT A LAWYER......I'M VERY WELL INFORMED! YOU SHOULD BE AS WELL!

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Congratulations on winning in court! With all the useful information readily available now, I think it will be harder and harder for CA's to harass, intimidate and coerce people into paying them money that they don't deserve, and that people might not really owe. How were you able to get a "dismissed with prejudice ruling"? I have a pre-trial conference in a few weeks. I received a summons back in March, and went to a case-management meeting in June. The plaintiff's attorney showed up empty handed, and told the judge that she hadn't had a chance to talk to me yet (despite the fact that they originally contacted me over a year ago.) I have sent two debt validation letters (both ignored). I have sent discovery and interrogatories (ignored). The CA claims to be collecting on behalf of MBNA, but I have not received a single document linking the CA to MBNA. I think they are lying, purchased the debt themselves, and were hoping to get a default judgement. It's bizarre that three weeks before the pre-trial (which is the deadline for discovery), I have received absolutely nothing from the plaintiff. I could be wrong, but if they don't introduce evidence in discovery, when it was requested, they can't use it in court. It seems that they are wasting both the court's and my time. I am worried, however, that the judge will favor the plaintiff, because he or she is an attorney and I am not.

that doesn't matter.the law is the law.there are stories all over these forums about people beating bottomfeeder collectors.if they don't validate during discovery.you can motion for dismissal.alot of places count on the person not showing up,and are caught flatfooted.the judge will see this and act on the law.not the fact they are lawyers.

And if they don't submit proper validation in Discovery, file a Motion to Dismiss with Prejudice for lack of evidence.

The judge will favor the side that presents the most convincing case. You can't just sit back and expect everything to come out in the wash, you have to defend yourself with every tool available to you in the toolbox of Law and court procedure.

And this is precisely why it is recommended to get yourself an attorney (you can get a referral through Legal Aid if you cannot afford one) because if you go in with a defeatist attitude then you are already defeated.

I want to file a motion to dismiss with prejudice, I just didn't know if I had to wait until after the pre-trial conference or not. I sent a detailed request for discovery, as well as a set of interrogatories to the plaintiff 4 months ago, and they still haven't responded. Everything I have sent them has been via certified mail. I have kept all the receipts, as well as copies of everything I have sent the plaintiff. If they have documentation, I don't know why they have waited this long to send it. If they don't, why are they still wasting my time?

because they are hoping you either miss something or will try to sneak in a default judgement.keep on it,and you will beat them.it looks like you are on your way to doing that.file that motion.they are stalling,and it's time they either *&%$ or get off the pot.

I would like to file a motion to dismiss with prejudice, I just didn't know if I had to wait until after the pre-trial conference or not. I sent a detailed request for discovery, and a list of interrogatories to the plaintiff, via certified mail, 4 months ago. They never responded. I have kept all the mail receipts, as well as copies of all the documents I have sent to the plaintiff. Why would they not respond, and not send discovery of their own? Won't they need to prove the supposed validity of an alleged debt in order to win? Also, if the CA attorney signs an affadavit that he is representing the OC, shouldn't he have some sort of paperwork from the OC proving that claim? I have repeatedly asked for documentation connecting the CA, Daniels Law Offices, with the OC (FIA card services a.k.a. MBNA), but he has continued to ignore my requests. The pre-trial is in 3 weeks, so it seems like they are running out of time to send me documents, if they actually have any.

okay,wait until then.if they have the doc's.then show your slip showing you mailed the necessary interogatories.chances are they don't have them,and will try to slick talk for a continuance.do not let them do it.motion to dismiss with prejudice.

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I have several posts on here recounting my dealings with Daniels Law Offices and an old MBNA aka FIA Card Services debt. I had my last pre-trial on Nov. 6th, 2009, at which time the attorney representing FIA produced an agreement I had signed with Wolpoff and Abramson and NAF from 2005. Wishing to avoid a judgement, I offered a settlement of roughly 65%. The attorney told me she would present this to her client, and I should hear back from her in about a week. I am supposed to have until the end of February to pay the agreed amount. If I do not do so, then there is another pre-trial scheduled for March, at which time the attorney will file a motion for a judgement. The judge expressed his confidence that we could handle this outside of court, and that he didn't expect to see us again.

It's now almost February, and I have yet to be contacted by Daniels. In the meantime, I received a letter from NCO trying to collect on this debt. This morning, I received a letter from NCO saying to disregard the previous letter, which was sent in error. My theory is that Wolpoff and Abramson owns the debt, and hired Daniels to collect. When Mann Bracken, which owns Wolpoff, went out of business, NCO anticipated acquiring their assets, ie old debts like mine. The purchase of Axiant, which owns Mann Bracken, which owns Wolpoff, fell through, so NCO doesn't actually own this debt. At this point I am confused and not sure who owns the debt. I imagine the exit of Mann Bracken has caused some turmoil in the collection industry. Anyone else dealing with a similar situation?