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Motion of Judgement

Date: Mon, 03/14/2011 - 16:40

Submitted by shudson156
on Mon, 03/14/2011 - 16:40

Posts: Credits: [Donate]

Total Replies: 8


In December I was served with a summons by Gerald E Moore & Associates for HSBC credit card debt. I had been paying on this with Mann Bracken. They responded to my validation letter prior to the summons. I responded to the summons within the time frame. Today I get a copy of a Motion of Judgement on the Pleadings.

I do not deny I owe this debt, but I asked them to show me where my payments to Mann Bracken were properly credited. They have not done that as of yet.

My questions are: Do I need to respond to the Motion of Judgement, as it did not come from the court, just from the attorney. There has been no court date set.
I would like to settle this debt with a payment arrangement and keep it out of court, as I don't want a judgement on my records. Should that be done directly with the Moore office?

Thank you


You need to research the rules for civil procedure for your state. Check your court's website.

You are not likely to get a payment plan in lieu of judgment, not when they have already gone to the expense of filing. As a general rule, when they file, the court and legal costs are passed on to you, so any payments you previously might have made, will not be visable.

You will probably need to contact the previous collection agency to get record of the payment.


lrhall41

Submitted by SOAPLADY on Mon, 03/14/2011 - 20:44

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How can she contact the previous collector when Mann Braken closed up and went away, she will get nothing from them whatsoever!! I would haul my butt to the court and put in a motion for your previous payments that Mann Braken collected and show the judge your proof of payments. Otherwise she will be repaying everything she previously paid already. Heck need to even check with the court and make sure they arent trying to slide something by on you. Bring proof of previous payments for the judge. Mann Braken will not respond as they dont exist anymore and odds are what she already paid, unless she has proof, will have to pay it again, Mann Braken did not keep any kinds of real records and debts being paid to them where never actually applied to accounts they were for.


lrhall41

Submitted by anonymous on Tue, 03/15/2011 - 10:23

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not to be mean, I TRULY dont mean to do that but I do kind of get tired of seeing the same one on here all the time telling people to get a lawyer, odds are if they could afford a lawyer to begin with they would not come here for help. Im sorry, but to me it just sounds very mean and condescending sometimes, to someone asking for help to hear over and over 'contact an attorney to help you". I see it as if they are here, they generally cant afford a lawyer. I am sorry if this came across as mean, I dont mean to do that! I love this site and the wonderful moderators for all the help they give others, due to this site and them I have been able to successfully start living again and will be forever grateful for it. The moderators here are wonderful people!!


lrhall41

Submitted by anonymous on Tue, 03/15/2011 - 10:28

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Quote:

not to be mean, I TRULY dont mean to do that but I do kind of get tired of seeing the same one on here all the time telling people to get a lawyer, odds are if they could afford a lawyer to begin with they would not come here for help. Im sorry, but to me it just sounds very mean and condescending sometimes, to someone asking for help to hear over and over 'contact an attorney to help you". I see it as if they are here, they generally cant afford a lawyer. I am sorry if this came across as mean, I dont mean to do that! I love this site and the wonderful moderators for all the help they give others, due to this site and them I have been able to successfully start living again and will be forever grateful for it. The moderators here are wonderful people!!


There are a number of consumer attorneys who work on a contingency basis, meaning they collect a portion of your winnings. If you don't win anything, they don't get paid. There are also an even larger number of attorneys who will give you your initial consultation for free. So, telling someone to seek the advice of an attorney is neither mean nor condescending. In many cases, we don't have the expertise to give sound advice so, we refer people to an attorney as their best course of action. Sometimes, referring someone to an attorney is the only help we can give.

You are right about one thing, though. There are a few who really have no advice to give but, for some reason, want to post something so, they point you to an attorney rather than waiting a few minutes for someone who knows what they're talking about to come along and help the poster.


lrhall41

Submitted by OhioGal1 on Tue, 03/15/2011 - 12:26

( Posts: 5253 | Credits: )


Thank you for not taking that the wrong way, I do appreciate that. But, I have yet in 2 years of searching found any attorney that would take any case without money. That includes going thru legal services and consumer sites on the web. I have tried to help a few friends of mine with the knowledge gained here over the years, this site is awesome for directing people in the right direction. I have a disabled friend harrassed for years from collectors, including many violations recorded, paperwork on the whole 9 yards and have YET found anyone to help her at all. Everyone we asked after free consults wanted money before they would take the case. She is on disability and has zero excess funds. She lives with other friends cause she cant even make enough on disability to survive, she is blind and severe diabetes, can barely walk due to diabetes issues with her feet. So, I ended up helping her sue on her own, pro se. It can be done but god its not easy. I was ONLY able to help her because of the insights and how to from here. If I could not find info on my own, the wonderful people here directed me in the right direction. So, from me to the moderators on this site especially-paul, golden, and soap, ohio: THANK YOU FOR EVERYTHING YA'


lrhall41

Submitted by anonymous on Tue, 03/15/2011 - 14:39

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