Mann Bracken, LLP in Huntersville, NC

If you have received the summon from the court, you should file an answer to it. After filing the response, contact Mann Bracken and try to settle the debt outside the court. Most creditors agree to settle the debt for 40 to 60% of your debt amount. Always get the settlement agreement in writing before you start paying. There are instances where Mann Bracken has settled the debt for 50%.
Can you tell us how much is your debt and when did you make the last payment towards it?

I also was served a civil summons from Mann Bracken this week. We haven't made a payment on the Target account since September 2008. I called Mann Bracken and asked if we could work out a payment arrangment to keep it out of court. He offered a $225 a month payment. I told him I couldn't afford to send more than $100 each month. He said unless I sent the $225 we'd still be going to court. He said we'd have wage garnishments of up to 75% of the paychecks until the debt was paid. The debt amount is almost $4000.00 We live in NC, can they legally take our paychecks to cover this debt? If we do go to court, what do we need to take with us?

Did you get debt validation from Mann Bracken? You could try to settle, but I am sure they will want to include the costs of filing the suit. I don't believe that wage garnishment is legal in NC. However, they can still levy your bank accounts, and put liens on property until the judgement is paid.

How do I get debt validation from them?

Did you receive a dunning letter. They are required to send you one within 5 days of initial contact. You then have 30 days to send a dv letter to them, at the address on the dunning letter. Send in CMRRR, and keep the green slip they sign to prove when they received it. After they receive it, they are required to cease collection activity until they validate the debt. You can use the template on this forum for the dv letter. Just customize it with your personal and account info.

We recieved two letters with the civil summons. One is signed by the lawyers office saying the plaintiff prays for judgment against the defendents. The 2nd letter is notarized from Target saying they have reviewed current balances owed. Are either of those a dunning letter?

Thank you for all the advice you've posted so far.

Actually, I guess that when you get the summons, then the dunning letter is a moot point. If they called you, and did not send a dunning letter, then you could use that as a violation. The dunning letter should have the name on the account, who the original creditor was, the amount due, and a warning that this letter is an attempt to collect a debt, and that you have 30 days to dispute. What you need to do is to make Mann Bracken prove that you owe the debt in court. They should have a copy of the original contract, and payment information. Is the plaintiff on the summons Target or Mann Bracken? If it is Target, then it is probably a done deal. If Mann Bracken, then they may be unable to produce the documents necessary.

The plaintiff is listed as Target c/o Mann Bracken LLP.

Any more news on this? I also was served a summons by Mann Bracken - I responded to the summons denying the debt, and they are only willing to accept 679 dollars a month as a payment plan!! There is no way I can afford that. I sent in my reply almost 30 days ago and I haven't heard anything - does anyone know how long it takes between the time they receive my reply and how long it takes to go to court?

Call your local county civil court and check.

North Carolina is a non wage garnishment state if I recall. They only garnish your paycheck for Taxes or child support if I recall. Maybe someone can clear this one up but I think I am correct in this matter. It is ashame that the person did not record what those fools from Mann said. Would look great for you in court.

Even if they did garnish, as far as I know they can only take 25%, so it sounds like they were lying to intimidate you.