Summons from Mann Bracken
Your efforts to pay the debt will matter. If you end up going to
Your efforts to pay the debt will matter. If you end up going to the court, show your presence there. Don't avoid the court date otherwise the judge won't understand anything about your case and will rule a default judgment against you. So, if a court date is set, make sure you are there.
It seems Mann Bracken has your debt from Target? If the account is not sold, you have options to send the payments directly to the creditor. You won't need to deal with the law office in that case. Let your creditor know about the payments so that they pull your file from the CA. If the account is sold, you need to deal with the CA only. They are the ones to collect payments on your account.
You can do payment arrangements outside the court. Go to your county clerk and confirm the plaintiff. You need to know the actual party who filed the case. Then, you will know with whom the arrangements are to be done. If they accept your proposal, the court case can be withdrawn. Get the notice in writing from the party as well as from the court.
If you have to deal with the CA, get the debt validation done. You should know for sure that the law office is entitled for this collection and they should be posting your payments to your file. Besides, you should also get copies of the contract signed with the original creditor. Review the loan principal and interest calculations. If there is anything to dispute on a particular item, do it in writing. You should be able to prove everything in the court so that judge gets your part of responsibilities.
Don't feel worried. Everything will be alright. Post any confusion you have. We will show you the way and find answers to your problems. Ultimately, keep in mind. It's a debt and it needs to be paid back. There won't be any troubles when you are showing responsibility.
Summons Update
First I'd like to thank you, GunsNRoses for your help. I received my summons and I'm being sued by Target National Bank. I called Mann Bracken, LLC and she said they'd accept $1970.00 for this debt. I agreed (after all, it IS my debt) and proceeded to ask her questions about how to pay, etc.
I have to make the Cashier's Check out to MANN BRACKEN, LLC, and send it to the address on the summons with the account # in the memo line. Okay, I can do that. I need to send a SASE to get a return receipt (reasonable).
The next things we discussed have me worried... I do NOT need to show up to court on my court date. Although the case will not be "withdrawn," she said, "There are many other cases on the docket that day, and when your case comes up they will say you have already satisfied this debt and it will be dismissed." IS THIS TRUE? I spoke with the court clerk and she said yes, this CAN happen, but they could also send a letter stating they would like the case withdrawn. She made it clear I DID NOT have to show up for court, though. I feel like it's a scam, but the court clerk said, "Just call at the end of the day of when your court case was and see what happened. If the judgment was defaulted to MB, LLC, you will have all your paperwork and you will be 1 day ahead of them."
Any insight???? Also, she said since I am paying a lump sum there will not be a collection on my credit bureau, only the bad report from Target. She said "TARGET is responsible for removing anything from your credit report."
My questions:
Should I make the check out to Mann Bracken ONLY, or to both Mann Bracken and Target National Bank?
Should I show up for court anyway?
What should I send them (letter-wise) when I send in payment?
Any help would be GREATLY appreciated!!!
I am not sure about the court thing. But if you do send them the
I am not sure about the court thing. But if you do send them the cashier's check, go make yourself a copy of it and all of the documents that you send with it..
Summons Update
Yes, I plan on making a copy of EVERYTHING I'm sending, cover letter, cashier's check, SASE, etc. I'm going to send it certified mail with signature confirmation so I know they'll get it. Any one with any advice what to put in the cover letter? It has to cover something like, "Mutually agreed upon $1970.00 to satisfy debt..." blah blah blah. I don't really know what to put...
HI Upset in TN, I just caught this thread. What county are you
HI Upset in TN, I just caught this thread. What county are you here in TN, I am in Sumner County (north of Nashville). When is your court date? I had a summons to appear in court also and sent the lawyer my payment to clear the debt up but I also demanded a letter from the atty stating I did not have to appear in court. Also depending on if you really want o pay it all up front you could appear in court and then file a slow pay motion with general sessions stating what you can pay, it's up to you. Good luck and keep posting
Summons Update
Hey, Ashley2006. I'm actually from Rutherford Co. but I'm now living in Washington Co. (East TN). My court date's January 3rd, so I have "some" time to figure things out. Should I call the atty and ask for a statement or request it in writing? I don't care to pay it, I have the $$$, but I'm afraid if I don't go to court they'll say I failed to appear and default the judgment to MB, LLC. I just want this to be over, you know??
Well you do have time, what I would do is if you want to settle
Well you do have time, what I would do is if you want to settle this go ahead and send them the money order/check certified mail and request that they confirm receipt of your monies plus also a confirmation statement saying you will NOT have to appear in court. Go ahead and do this, this week because of the holidays coming up. Also document everything so that if their is some mix up you will have the evidence you need to state you paid this before the court date. Also call this company next week like Thursday, confirm that they received everything and document who you spoke with. Bug the crap out of them
Summons Update
Thanks!! I'm going to send it out tomorrow or Thursday. I'll definitely document everything and be sure to get in writing that I do not have to appear in court. I appreciate all your help and I'll keep ya updated!
BTW how in the heck did you end up in Johnson City area from Rut
BTW how in the heck did you end up in Johnson City area from Rutherford county? Just curious
Upset in TN. I'm also from Tennessee and have dealt with this.
Upset in TN. I'm also from Tennessee and have dealt with this. The debt was paid before court. I demanded a letter of paid in full, and the credit report marked paid in full. Which they did not do and I have recently disputed it. Also, I called the court clerk to make sure what was going on. Make sure you get a letter stating that they have received payment and that you will not need to appear in court. Then I would send a copy to the court. I took mine in personally and handed it to the court clerk.
Summons Update
I came over here for college... been here ever since. It sucks pretty much. :(
Thanks, Tammy. I'm sending it out tomorrow afternoon. Once I receive my return receipt I'll bring it to the clerk like you said. I'm glad this will all be over with, FINALLY! Kind of bad timing with Christmas and all, though...
Mann bracken
MB is trying to get a judgment against me. I have filed for a motion to dismiss because they have yet to send me a debt validation and discovery. They claim they are not a debt collector as they have filed the case using Capitalone as the plaintiff.
What' s my next step.
Oh on my credit report , it's charged off. Called capital one, said it's turned over to MB. What I don't understand, if they are working together why haven't I gotten a validation package?