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Being sued By Mann Bracken for Capital 1 - Need quick help

Date: Wed, 07/15/2009 - 09:53

Submitted by Hopepntr
on Wed, 07/15/2009 - 09:53

Posts: Credits: [Donate]

Total Replies: 5


Hi and thank you for reading and trying to help.http://www.debtconsolidationcare.com/forums/posting.php?mode=editpost&p=513891
I received 2 summons from Mann Bracken in which I have 15 more days to answer. I found out it will cost me 200.00 each to file the answer (I live in Los angeles). I called Mann Bracken to see what I can do. They offered me a payment plan and said that I do not have to answer the summons that they will file a stipulation at the court (which I don't trust them at all) I asked to see the stipulation but they want money first. My debt on these cards are about 3,000.00 total.Do I file the answers anyway? should I just wait and go to court? They threaten that if I go to court they will win and garnish my wages. Should I settle? This is all very confusing to me and I'm trying to gather all the information I can get.
Thank you all......


first, is Cap One the actual named plaintiff in these cases? Mann bracken buys a lot of debts and doesnt always represent the original creditor. In fact, my guess is that they now own these debts. Who is the named plaintiff on the summons? If capital one is not the plaintiff, then you may be in luck.

Mann Bracken has a habit of not having the first shred of documentation. If you are being sued by them and not by the original creditor, then my best advice would be to answer each summons by denying their allegations, and then make motion for discovery. When you motion for discovery, you ask them for ALL documentation regarding these debts--original contracts with your signature on them, final statements to verify the amount they claim is owed, and so on. you need to hold to one standard here--either they prove their claims or you move for dismissal. Dont take this laying down....for all you know, even if the debt is legitimate, they may not have the legal right to collect on it in the first place!


lrhall41

Submitted by skydivr7673 on Wed, 07/15/2009 - 19:16

( Posts: 2036 | Credits: )


Yes, the plaintiff on the summons is Cap One. I am sending them letters to validate on Monday, if this is still viable since they are sueing me. I've also decided to answer the summons even though it will cost me 200.00 each. (money I could have give them) they filed 2 lawsuits 2 days apart. 2 different cc's.
Thank you so much for helping.


lrhall41

Submitted by on Thu, 07/16/2009 - 17:44

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Yes, the plaintiff is Cap One. I'm sending them a validation letter for each account on Monday, if this is still viable since I'm being sued. I'm also decided to answer the summons, even though it will cost me 200.00 each (money I could have used to pay off debt.) they filed 2 lawsuites, 2 days apart.
Any other suggestion??

Thank you so much for your help.


lrhall41

Submitted by on Thu, 07/16/2009 - 17:50

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