Mann Bracken-RECEIVED INTENT TO SUE LETTER!!!!

[Beeheery]

ugh. i think i am going to puke. just went outside and checked the mail and i received a letter (non-certified) from Mann Bracken LLP that stated: "as a result of your failure to resolve this matter, we have made the decision to initiate litigation against you." It also states at the bottom of the letter that is has been personally requested by the above attorney. Is this something that I should be really concerned about? I have been ignoring letters and calls left and right from all of my creditors. I file them away each week but now I am really scared. It's for a little over 6K. They are in my same state, about 20 minutes away so that makes me think that they really will follow through. I have been unemployed for over 2 years, own no house, car, property, stocks etc. Should I send them a debt validation letter and then see what happens after that? Should I offer to settle? I have no idea what to do and now I am sick to my stomach. Any help would be appreciated. Thank you!

[MSbklawyer]

You're unemployed and you have no assets, right? The worst thing they can do is take judgment against you. You have no wages to garnish, you have no bank accounts to attach, you have no assets to seize. They can't imprison you.

So what's the big deal? They sue you and get a judgment. Tell them to put it on REALLY good paper because that's all it's going to be worth.

Is the debt valid? Could you successfully oppose their 'threatened suit'?

[notadeadbeat]

Have you filed BK? I got a ton of letters from them. They are just a junk debt collector.
I ignored them and they finally went away.

[AngelinaCatHub]

No need to worry until you get a summons. Then respond with, I want a full accounting of this alleged debt, just to take up time. Seems like anything you do gobbles 20 to 30 days of time in the legal system. Quit worrying. Life is too short. They are bluffing and if they are not, the above poster is right. They can pound sand for what they can get off you. 'Hub

[Beeheery]

Hi,
Thanks for your responses. No, I have never filed BK. I was wanting to either settle or just let it fall off my report. I really never thought I would be sued since I have nothing. I have a savings account with around $100.00 in it and less than $75.00 in my checking. That's it. The only money I have coming to me anytime soon is financial aid from school but I need that for books etc. Can they take that money? Is the intent to due just a scare tactic? It wasn't certified, no delivery confirmation, nothing. I just don't see how and why they would want to sue me since I am "judgment proof." Can't they see that just based on my credit report? Nothing is in my name except a ton of bad debt. If I do receive a real notice of suit with a court date etc, is it too late to file BK then? I haven't even done my online credit counseling so I am not sure what I will need to do! Thanks!

[Beeheery]

Hi Angelina,
I didn't see your response until I posted mine. So I can send a debt validation letter AFTER receiving a summons? Or I should do that now? Won't the court look down on me for not responding to letters/calls until I was forced to go to court? I am so sick to my stomach after this but the madder I get the more it just makes me want to file and say f' em!

[Beeheery]

Notadeadbeat,
You said they finally went away. Did they ever send the intent to sue letter and then went away or it never got that far? Thanks

[Calthius]

If you end up getting server you can file a response stating

I dispute the amount of the debt as my balance was much lower.

This will buy you some time (a couple of months)

Are you considering bankruptcy?

[Beeheery]

Hi Cal,
I was and then went to wanting to settle and kind of back and forth for awhile now. But I thought that debt validation didn't stop a lawsuit? I thought it was too late then. I just want to make sure I do everything correctly so that I don't end up getting screwed.

[Calthius]

It doesn't stop the lawsuit. It buys you some time to either settle or file Bankruptcy. What is does is puts the ball back in their court and makes them decide whether to proceed or not. If the do proceed then a court date has to be set.


What it does accomplish is preventing a default judgment from happened for not responding with in the given time line for your state.

[Beeheery]

Thanks Cal,
Do debt validation letters though ever make law firms change their mind not to sue? It seems as though they would already have the debt validated before sending an intent to sue notice. I would assume (although i am probably wrong), that it is illegal to send that type of letter without really intending to sue.

[unclerico]

Hi

From personal experience Mann Bracken was easily defeated! We were originally sued by Wolpoff And Abramson. The first attempt we filed an answer Pro Se and they did not show. The judge would only dismiss without prejudice.

The second time Wolpoff And Abramson was acquired by Mann & Backstabin. They dunned us without a right to dispute on the notice. We immediately fired of a validation of debt. They responded back saying they do not have to validate the debt and demanded payment. We responded back with a letter pointing out their error and demanded the never contact us by mail or phone until they validate since our response was timely.

The next time we heard from them was a summons. We hired a consumer lawyer and handed over the communications between us and them, including the previous lawsuit.

Our atty pointed out their violation of the FDCPA and we counter sued. Midland Credit Management and Mann Backstabin folded. They paid our atty fees $1500.00, dismissed with prejudice, and agreed to not submit a 1099 forgiveness of debt.

These people are some of the lowest bottom feeders alive. If you fight they will run! The worst thing you could do is not answer the complaint.

Make sure and document everything. Our case was in Michigan in an area where the judges are in the bag for debt buyers. They were suing us for 10K plus costs.

[Beeheery]

Wow thanks unclear. I will send out a debt validation tomorrow morning. So is my "answer" to the lawsuit my dv letter? If I receive a summons before I receive validation from them, do I need to go to court? Thank you so much and congrats on kicking them where it hurts

[unclerico]

Wow thanks unclear. I will send out a debt validation tomorrow morning. So is my "answer" to the lawsuit my dv letter? If I receive a summons before I receive validation from them, do I need to go to court? Thank you so much and congrats on kicking them where it hurts

Your DV needs to be within the first 30 days of contact with them. If you have missed the window then your opportunity may be lost.

A DV is not an answer to a summons. A summons must be answered properly or else the entire case can end up turning against you.

[music12]

i think in a debt validation you would say you owe nothing and ask them what they are talking about. i wouldn't say i owe "less" because then you are admitting you owe something.

it would be crazy of them to send you a summons before a validation, but if they do then you would have a date by which to respond, and you will respond by that date saying you owe nothing and they did not validate (or something like that).

also, you can file bk after a judgment as well.