Mann Bracken LLP did not receive summons

[Juls]

I did some research today and for me to get a copy from the court house and reply to the summons when I receive a copy from them is about $400.00 at our court.

So since I really don't have a leg to stand on in court about the debt (it is an actual debt) we have decided to let the default judgement happen, empty our joint banking account and pray for the best.

I hope to meet with a bankruptcy attorney this week and see if we should wait or move up when we were planning on filing.

Thank you for all your replys.
Juls

[treehugger1]

The unfortunate issue is that in many states, it takes two to play and pay. Same in my state; about $185.00 just to do anything through the court system on a non-small claims; plaintiff or defendant.

[dingdong]

I smell BS on the part of the CA. Did you check to see if there was a certificate of service filed with the court?

In California they have to serve you or a person over 18 who is a member of the household.

Can you file a motion to quash the service as defective and move to vacate the judgement if it goes to a default judgement? If you do get notice from the court that they filed a lawsuit reply with a motion to quash. I believe you can have your fees waived if you are indigent --you just have to apply through the court

Maybe they are sending you that letter saying you have been served as a method of enticing you to contact them. CA's will do virtually anything to get you to make contact.

You might even have them on a FDCPA violation, they cannot threaten do do something that they do not intend to do. Saying you were served when you actually weren't seems to me like threatening a lawsuit. IF they do not or weren't planning on filing a lawsuit you could possibly wait until you file BK and are discharged and then slap THEM with a FDCPA suit for a violation in small claims court. Save the letter in a safe place it might be worth 1000.00.



IS Mann-Bracken an attorney or just a CA?

This might make a difference for a FDCPA violation.
Here is a link to the California courts fee waiver application and info sheet

http://www.courtinfo.ca.gov/forms/fillable/fw001.pdf

DD

[Juls]

I smell BS on the part of the CA. Did you check to see if there was a certificate of service filed with the court?
Yes I checked on line and the supperior court shows that I was served on February 1st. Which I nor my husband was and we were home all day.

If you do get notice from the court that they filed a lawsuit reply with a motion to quash. I believe you can have your fees waived if you are indigent --you just have to apply through the court. So when the court notifies me that there has been a judgement of default I should do this?

IS Mann-Bracken an attorney or just a CA? Their letter head states they are Attorneys in the Practice of Debt Collection and the letter is signed by Attorney for the firm? So I am not sure.
Thank you,
Juls

[dingdong]

I believe instead of answering the complaint you can file a motion to quash the service of summons as defective and file a motion to dismiss at the same time. This would probably buy you some time until you have to actually answer the complaint. Once the motion is ruled on, if it isn't in your favor, then you have to answer the complaint. You could probably drag it out until your BK is filed or pretty close to it.

Could they have possibly served you at work or used substitute service? Did you receive a certified mailing receipt in the mail close to the Feb 1 date?

Is there any way you can file BK before May? This would absolutely stop them in their tracks. File a notice of BK stay with the court and they are done.

Is there a specific reason you are waiting?


If you are waiting to save to pay a lawyer and have had a free consult and chosen one, perhaps you could make a payment as a retainer and have the calls and letters sent to the attorney. This would probably keep them at bay, since it really makes no since for a creditor to file a lawsuit against a debtor who is going to file BK anyway, the judgement would just be wiped out in BK and would be a waste of time and $. They would most likely halt any lawsuit if they were referred to a BK lawyer.

When did you take out the loan, was it over 6 months ago? DId you make any payments on the loan?

[Juls]

Could they have possibly served you at work or used substitute service? Did you receive a certified mailing receipt in the mail close to the Feb 1 date? I work out of my home, what is a substitute service? I have not received any certified mail.

Is there any way you can file BK before May? This would absolutely stop them in their tracks. File a notice of BK stay with the court and they are done.

Is there a specific reason you are waiting?

I am going to see a friend today that has a BK attorney they are working with that they like and get the contact information from them.

We are waitting so that we receive our income tax return to pay the attorney with out that we can not pay them since my husband has been cut to part time and I am an independent contractor (real estate agent) and have not received a check since November.

When did you take out the loan, was it over 6 months ago? DId you make any payments on the loan?

The loan was taken out in 2004 and all payments were made on time until June of 2008. We still owed about $14,000 at that time but with the late fees etc it is up to almonst $17,000.

Thank you,
Julie

[dingdong]

Substitute service is used when a creditor cannot serve you personally usually because they cannot find you to serve you so they serve you at your known address through the mail and by posting a notice on your door


The reason I asked about the loan is if it was a recent loan and you filed BK then the creditor may file an objection or AP in your BK case but your loan is from 2004, so there is no need to worry about that.

If you are filing in May there really isn't anything to worry about. Even if you do have a judgement it will be wiped out in BK, the only real concern is it may be included in your CR before you file which could drag down your score even more but if your credit is already shot, it isn't that big an issue.

Have you taken the online means test or checked your income against the state median to ensure you qualify for a Ch7?


I would start seriously looking for an attorney and go to a few free consults even though you are not filing until May. They should give you some good advice about planning for your BK and may even offer to field creditor calls for you if you decide on one. You may be able to sign an agreement for representation and they will take all your creditor calls before BK.

How fast are civil cases getting docketed in your district? Call the court's clerk and ask them , "how long does it take for a civil case to be heard/docketed once you are served?"


If it is 60-90 days, you really don't have to worry too much. By that time you should be able to give the BK attorney some partial payment and they can contact the CA for you.

I would consult an attorney right away, you may be suprised what they can do for you with a small payment towards their fees. It could nip this problem in the bud right away and ease your mind.

[Juls]

I have now got 2 attorneys to call to interview. I will be making appointments with them today.

I also found out that our courts are so backed up with the BK that once they are filed it is taking 2 months for the 341(this would be good). So if we filed at the end of February or the begining of March our 341 probably would not be until end of April or begining of May and this would stop the collection if the judgement happens.

I will check with the courts to see how long they are taking with the judgement time lines.

Thank you for all your help.
Juls

[dingdong]

If you file in Feb, once you have your petition number, file a "notice of stay " with the appropriate court and also send a copy of your first page of your BK petition with your case number to Mann Bracken CRRR. They cannot proceed in ANY litigation against you once you file. The court case has to stop immediately.

They cannot go to court, cannot contact you regarding the debt, nothin'! ( Unless you or your lawyer screw up somehow and your case is dismissed, then you lose the protection of the stay, but that should not happen with a competant lawyer

You are protected by the federal stay the minute you file and have a case number.

[Juls]

I have checked the website for the courts and so far they have not posted a judgement on this yet.

Today in the mail we received a letter from Discover Card (this is not the same creditor as above) the letter states:

We have been authorized to proceed with legal action to secure the balance currently owe us as of February 11, 2009.

If we do not hear from you by 8:00 pm Eastern time on February 27, 2009, your account will be forwarded to an Attorney to optain a judgement againts you.

Has anyone else received a letter from Discover Card like this?

Juls

[BigJohn]

I have received similar threats. None of then went any further but you just never know.

[epiphany]

For what it's worth...

I was sued by Eskanos and Adler for a debt of around 3K which had been delinquent 6 months. I was served but had DV'd them twice prior to that and never got any response.

Mann Bracken took over Eskanos and Adler and proceeded to get a default judgment. I had informed my lawyer about the impending judgment and he told me not to waste my money by responding but he dropped the ball and they got the judgment shortly before my lawyer actually filed, which was a full month after I signed the paperwork.

So then DA (darling attorney) called MB (Mann Bracken) and they stopped what they were doing..they were already plowing full steam ahead to garnish my wages.

I should have been more diligent in making sure that my lawyer was on top of this. Now I have a judgment I have to work on getting vacated. Live and learn.

Anyway, stay on top of it, because Mann Bracken doesn't mess around..they are serious, evil and ruthless. If you do a google search on them you will find many stories about them not following the rules.

As someone else said, if you are not employed and have no assets, you probably have more time to deal with it than I did. But you should take it seriously whatever the case.

I am not trying to scare you. You will be triumphant if you do your homework and play your cards right.

Good luck to you,
ep