Mann and Bracken Questions
Date: Wed, 09/02/2009 - 08:33
Mann and Bracken is suing my wife. Just looking for some advice on how to proceed.
Discover Bank discharged debt 4/2008
Mann Bracken started calling my wifes parents house looking for her contact information, multiple times.
Got first letter from Mann and Bracken in June 2009 and asked for debt validation. Got nothing.
Received an intent to sue letter near the end of June before the 30days was up for the first validation request.
Sent second validation request via registered mail on July 23, still have not gotten response from them.
Filed a judgment against my wife on Aug 5th.
Writ sent out on Aug 13th 2009
Just received summons on Aug 28. 2009.
Intend to file intent to defend this week. My questions are as follows:
With the writ there was an affidavit in support of the judgment signed by an attorney in fact for discover bank along with 1 sheet of paper stating my wifes information, the balance and the charge off date. Does this constitute validation?
The name of the Plaintiff is Discover Bank but discover discharged the debt long ago. Shouldn't the plaintiff be Mann and Bracken?
If the debt was charged off that means the discover does not own it anymore and if so their attorneys should not be involved correct?
What is the best way to handle Mann and Bracken with a pending lawsuit?
Thanks
Discover Bank discharged debt 4/2008
Mann Bracken started calling my wifes parents house looking for her contact information, multiple times.
Got first letter from Mann and Bracken in June 2009 and asked for debt validation. Got nothing.
Received an intent to sue letter near the end of June before the 30days was up for the first validation request.
Sent second validation request via registered mail on July 23, still have not gotten response from them.
Filed a judgment against my wife on Aug 5th.
Writ sent out on Aug 13th 2009
Just received summons on Aug 28. 2009.
Intend to file intent to defend this week. My questions are as follows:
With the writ there was an affidavit in support of the judgment signed by an attorney in fact for discover bank along with 1 sheet of paper stating my wifes information, the balance and the charge off date. Does this constitute validation?
The name of the Plaintiff is Discover Bank but discover discharged the debt long ago. Shouldn't the plaintiff be Mann and Bracken?
If the debt was charged off that means the discover does not own it anymore and if so their attorneys should not be involved correct?
What is the best way to handle Mann and Bracken with a pending lawsuit?
Thanks
Since Mann Bracken couldn't validate the debt they can't sue you
Since Mann Bracken couldn't validate the debt they can't sue your wife. And, if they do, they would be violating the FDCPA laws. My guess is that the account has been sent back to Discover by Mann Bracken since they hadn't had enough documents to validate the account. Discover being the original creditor can sue the debtor.
However, just hang tight; you would soon hear from the community experts.
Here you can read more about Mann & Bracken's activities.
According to the FDCPA, they are not allowed to engage in any co
According to the FDCPA, they are not allowed to engage in any collection activity until they validate, however - the FTC does not consider filing a lawsuit as collection activity.
Quote:
A debt collector's institution of formal legal action against a consumer ... does not confer section 809 notice-and-validation rights on the consumer. ... An attorney debt collector may take legal action within 30 days of sending the notice, regardless of whether the consumer disputes the debt. |
Discover probably Charged Off the debt. This just means that they had to report it to the IRS as a loss. They likely still own the debt and have hired Mann Bracken to collect for them.
Here is a comprehensive site on how to defend yourself in a creditor lawsuit.
"http://www.nedap.org/hotline/court.html"
It is for New York, and so may vary in some details with your state. However, it is highly recommended for you to look into Legal Aid (your local civil court can refer you) to get an attorney at little to no cost to you.
