Who's the plaintiff here?
Date: Mon, 07/20/2009 - 13:11
Can the credit card company actually be the plaintiff in a charged-off case? Something tells me that MB has really bought this thing and is misrepresenting the real plaintiff. Any advise from those experienced in this is much appreciated.
I'm surprised you haven't gotten a few answrs, but...I suggest c
I'm surprised you haven't gotten a few answrs, but...I suggest calling the credit card company and asking them what they're doing on your credit report. (I assume you've checked your credit report...they'd be on there if it's legit.)
Charge-off is only a tax notation. It means they wrote it off as
Charge-off is only a tax notation. It means they wrote it off as a loss. Once they recover some of that, they will update the Charge-off to C/O recovered, paid, settled, or what have you. That is why you get a 1099C when you settle - so big unk can get his "share".
Creditors don't usually sell the debts until at least 2 years of no contact and no collection agency was able to collect it.
File a Motion for Discovery - so they have to *prove* it is your debt and that they have the legal right to collect it, and make sure you go to court!
If MB's letter includes a statement that you have 30 days to dis
If MB's letter includes a statement that you have 30 days to dispute the debt, send them a letter via certified mail disputing the debt. They must provide validation of the debt before moving forward with additional collection tactics. Another idea-- Mann Bracken usually uses arbitration to collect debts, through a company called the National Arbitration Forum (NAF). But the NAF was just sued by the Minnesota Attorney General and has agreed to shut down new arbitration actions starting this Friday, 7/24. If your case is already pending in the NAF, you won't be helped, however. But seek out a consumer law attorney in your area by visiting the website of the National Association of Consumer Advocates (NACA) who should be able to clear up the legal status of the account. Good luck.