How to deal with Mann Bracken Law Offices.

[optimistic1]

So it seems as though GEMB/Walmart has sent off my wifes account to Mann Bracken LLP Law Offices to collect the debt of $598.

How do I deal with this firm?

Should I DV them?

Or should I just call them and tell them I am filing my BK within 2-3 months, and give them my attorney's name and phone #?

Looks like the collection activity is kicking into high gear now, I had it good for the first six months.

[albacore44]

Is that who was calling for you at your dads yesterday ??

[optimistic1]

I would be willing to put money on it, they can come after us all they want, I will have my wife file a 7 and then I will do a 13 later this year and use my legal plan through my employer and not pay anything down, just the $2000 rolled into the plan. I already paid our attorney $1500, which is a few hundred shy of the Ch.7 fee.

[albacore44]

Send them a DV and wait it out. I'm not to that point yet with any but that's what i'm going to do. I'm just going to play it out untill I'm ready. Just found out yesterday a realtor is putting a bank owned repo on the market around the corner from me for $350K. since it's the same model as mine and my 1st is $417K and 2nd $240K, I'm prime for a Lein strip after that house sells.

[optimistic1]

it says they have an office here in my state already

[BigJohn]

What city?

[optimistic1]

tempe

[BigJohn]

Do they own the debt or are they just collecting on the debt?

[optimistic1]

The letter states that they represent the above-named creditor, and the client alleges that I owe the above referenced balance.

[optimistic1]

The local courts website is in my favorites, and I check both the civil and justice court (small claims) on a every other day basis. So far, nothing, (crossing fingers and praying to the lord). I just dont want to deal with this crap right now, my wife is 7 months pregnant, and I dont want any further stress for me or her. Good advice BigBoy, I am usually a hermit crab, and never answer the door as it is, but hopefully, they just dont drop it off at the door and act like it's been served.

If I told them I am filing a 13 in a few months, it would be very unwise for them to sue and garnish, as the trustee would most likely want all the money back anyway dont you think? They know I am serious, I told them I already paid my retainer to my attorney and there is just a small delay with paperwork and such. Im sure they will call him and verify it, but lets hope that he actually even talks to them.

[optimistic1]

I am sure that once the attorney fees and court filing fees are added in, it would be well over $600, and it would be taken out in 1 or two paychecks based on the 25% garnishment law and our incomes. I read it was atleast 90 days before filing, but I found the paragraph below on an attorneys website, looks like it is 1 year back.

The Bankruptcy Code allows the trustee to recover any preference payments made within the one year period prior to the bankruptcy filing. The trustee is authorized to do so in order to ensure that all your creditors receive equal shares of a distribution. Any payments made over one year prior to the bankruptcy filing are not collectible by the trustee. The trustee also cannot demand the return of sums less than $600.00, but care should be exercised nonetheless.

[cynhgm]

I DV'ed Mann Bracken successfully. I never spoke with any of their reps on the phone. Mann Bracken is known to go down the arbitration route, but as long as you are going to push the BK button sooner or later you should be fine.

[optimistic1]

yes, the button is gonna get pressed, there is just no way that I can afford it any longer, well I get the thing all typed out and just need to stop at the Post Office, again.

[treehugger1]

In my experience, if one completely ignores all attempts, then actions can occur quite rapidly. As BB suggested, a DV can buy some time, and occasionally "chatting it up" with CA's on the phone probbaly suggests they still have a chance to get funds directly from you without bringing in a law firm. It's always worth a few minutes of your time (DV or chat.)

Lawsuits against debtors appear to be backed up around the country, but I would guess that should a party NOT file an answer, the process is sped up and a default judgment is entered. I'm glad I'm not dealing with Mann-Bracken. I have dealt with Allied and they eventually went away. If I recall, they mentioned arbitration was eminent, but I sent them a letter saying jsut name the time and place. I also suspect that arbitration laws may be more detailed in my state. While there are federal arbitration statutes, there are probably a few states that have laws providing greater protection from creditors to debtors. If MB has an office in your state, it seems likely that they are set up to pursue uncollected debt.

[optimistic1]

I am trying to keep a good line of communication between the creditors, but some are in stealth mode, they send me nothing, and they have not moved into collections yet, and they were already notified about the bk months ago. GEMB keeps sending stupid one page letters just asking for BK information.

No doubt, but they would be wasting their time, as this debt, and the rest that eventually gets to Mann Bracken are over $600, and by that, I will make damn sure I tell that I tell the Trustee that those were preference payments, so that he can apply that cash to my plan. They should know that I am set on filing, by simply calling my attorney, he can verify that all I have to do is simply fill out my information packet and voila, automatic stay.

I would think that "if" an attorney from their office looks into this, he will back off, and I say that because the letter they sent me explicitly states that no attorney has looked at it. It's like they actually run a collection agency, as they tried to offer me a settlement, I told them no thanks, I'm filing my bk.

I'm still going to send the DV out, and see what happens, I see myself having to do this maybe 4 more times as I have several accounts through GEMB and Chase.

I am trying to keep a good line of communication between the creditors, but some are in stealth mode, they send me nothing, and they have not moved into collections yet, and they were already notified about the bk months ago. GEMB keeps sending stupid one page letters just asking for BK information.

"My finger is on the bk trigger", thats the next phrase Im gonna use on the next collector, they always cop out and start talking settlement, I just laugh and tell them its a waste of money.