What is a notice of Trial/Hearing.. Mann Bracken

[gyno]

CALIFORNIA

I received a summons in May, answered it and now recently I received a Notice of Trial/Hearing letter..

It says that a Trial setting conference has been set for 12/28 at 8:30am..

I have a few questions..

1. Should I even go to this conference?
2. What is the purpose of this conference and what should I expect?
3. What do I need to bring?


Also will the other Plantiff (MANN BRACKEN) be there? I've never been to court before, at least for myself.. I have no idea what to expect here..

Can someone help me, PLEASE!!!

[LALADY]

Mann Bracken info is here http://www.mannbracken.com/about/main.aspx. They will certainly be there if they are the ones that served the document on you.

Any references to mandatory settlement conference on the document?

I think the conference is where the parties and/or their lawyers let the court know what sort of case this will be (e.g., hotly contested or uncontested). The court will also set a trial date and probably some pretrial dates.

Do you intend to get legal representation? While not necessary to have a lawyer, if you're going to get one, it would be good to have him/her in place so that he/she can direct things from the earliest possible point.

(Not an attorney / not legal advice.)

[StartingOver08]

Well it could be very interesting because the parent company of Mann Bracken, Axiant LLC, has filed Ch 11. http://www.netdocketsblog.com/2009/1...ffiliated.html

On Friday, Axiant, LLC (also known as MBSolutions, LLC) filed for chapter 11 protection in Delaware in order to conduct a competitive auction process to sell substantially all of its assets. To that end, Axiant has entered into a stalking horse term sheet with NCO Group, Inc. providing for a proposed sale price of between $7 and $10 million. The company also sought approval of a $210,000 break-up fee and $150,000 expense reimbursement payable to NCO Group in the event that it is not the winning bidder at auction.

Axiant's first day filings report that it is a "leading national provider of financial services, legal collections and recovery management solutions for banks, credit card issuers and investors in debt products." However, it appears that Axiant's business is down significantly from its 2008 peak, at which time it had over 1,000 employees and an infrastructure to support "35,000 lawsuits per month, 20,000 arbitration filings per month, and $55 million in collections per month." As of its Friday bankruptcy filing, Axiant's headcount has been reduced to approximately 50 employees.

The bankruptcy court filings do not provide significant detail regarding the reasons for the drop in business. However, a recent article by The Wall Street Journal detailed Axiant's relationships with Mann Bracken LLP, a debt collection firm that represented credit-card companies in arbitrations, Accretive LLC, J. Michael Cline, and the National Arbitration Forum. That article can be found at: http://online.wsj.com/article/SB125548128115183913.html.

[HHM]

I don't think the relationship between Axiant and Mann-Brakent is Parent Corp. If you actually look at the documents, the majority shareholder of Axiant is MB Solutions. But it doesn't matter.

Whether you should go depends on your end game scenario here. What are you going to do to resolve the situation?
Are you really trying to defend the lawsuit (i.e. you don't owe the debt, or believe the plaintiff can't prove you owe the debt)? Are you planning on filing bankruptcy?

In the context of the lawsuit...
1. Yes, it is a mandatory meeting, if you don't attend, the plaintiff can seek judgment on the pleadings and sanctions.
2. Odds are, this sounds more like a scheduling conference. This is where the 2 attorneys meet to work out a discovery plan and establish a trial date.
3. This is up to your state's civil rules of procedure. If in fact, this is a pre-trial conference, most procedure rules contain mandatory disclosure. However, if you are the defendant, generally, there is nothing you need to bring unless you alleged counterclaims.

[StartingOver08]

Oops, I should have said that Axiant LLC has a strategic alliance with Mann Bracken.

http://investing.businessweek.com/research/stocks/private/snapshot.asp?privcapId=81076862

[catleg]

A little history on Axiant (owned NAF)

http://www.insidearm.com/go/arm-news/legal-collector-axiant-files-bankruptcy-nco-group-to-acquire

[gyno]

I don't think the relationship between Axiant and Mann-Brakent is Parent Corp. If you actually look at the documents, the majority shareholder of Axiant is MB Solutions. But it doesn't matter.

Whether you should go depends on your end game scenario here. What are you going to do to resolve the situation?
Are you really trying to defend the lawsuit (i.e. you don't owe the debt, or believe the plaintiff can't prove you owe the debt)? Are you planning on filing bankruptcy?

In the context of the lawsuit...
1. Yes, it is a mandatory meeting, if you don't attend, the plaintiff can seek judgment on the pleadings and sanctions.
2. Odds are, this sounds more like a scheduling conference. This is where the 2 attorneys meet to work out a discovery plan and establish a trial date.
3. This is up to your state's civil rules of procedure. If in fact, this is a pre-trial conference, most procedure rules contain mandatory disclosure. However, if you are the defendant, generally, there is nothing you need to bring unless you alleged counterclaims.

Thanks for taking the time to answer.. Well I was told by a friend that the smart thing for me to do is go to court and try to fight it, cause if I dont then there is a 100% chance the plantiffs will get a judgement against me so I plan on being there..

I do not have an attorney can't afford one. I do not plan on filing for BK and I have no idea what to tell them, I'm just going to deny the debt and pray they can't prove the debt..

What do you think I should do?

[catleg]

Who is Mann Bracken representing? An original creditor or a debt buyer?

In most cases an OC has the paperwork to support their case, and a debt buyer doesn't.

You job is to make them produce the documents supporting the amount claimed in court. They need to prove that they're your charges and that they haven't been the subject of a dispute (i.e. identity theft or fraud, goods not recieved or not as promised, etc). If you've already been making payments and just stopped, you've essentially ratified the contract as valid, if not, you have a better case.

Here in NJ it's very hard for a self-represented litigant to even get into court, the system is so rigged against debtors for "efficiency". You might have better luck in CA.

[treehugger1]

I agree with HHM. In my state (OR) there can be a lot of pre-trial hearings. In particular, I live in a more remote area of the state. I am seeing plenty of items on the court dockets related to out-of-town and out-of-state BAR registered attorneys representing OC's. You might be able to request a delay due to some type of "hardship" and ask that the hearing be rescheduled. There seems to be an inordinate amount of these requests in my local courts. However, to avoid a request for summary judgment, you should at least attend the hearing and see what it is about. You can always throw up your hands later and cave in to a default judgment. If you think you may be filing BK int he near future, you should bring this up. The judge might give you 60 - 90 days so the case does not be a part of the clogging of your local court system.

[gyno]

Who is Mann Bracken representing? An original creditor or a debt buyer?

In most cases an OC has the paperwork to support their case, and a debt buyer doesn't.

You job is to make them produce the documents supporting the amount claimed in court. They need to prove that they're your charges and that they haven't been the subject of a dispute (i.e. identity theft or fraud, goods not recieved or not as promised, etc). If you've already been making payments and just stopped, you've essentially ratified the contract as valid, if not, you have a better case.

Here in NJ it's very hard for a self-represented litigant to even get into court, the system is so rigged against debtors for "efficiency". You might have better luck in CA.

Mann Bracken is repping Discover Bank.. Discover deactivated my card, said they checked my credit and that they didn't want my business anymore.. Someone was using my other C.C's online and buying shit and I didn't even know until Discover told me..

MANN b/Discover is suing me for 3 grand when my credit limit was like 1500 and I used 1300 or so..

So you are saying I have no shot?

[gyno]

Does anyone know what kind of answers I will be asked tomorrow???

I have no idea how to tackle this or how to answer the questions the judge or attorneys will ask me..

[catleg]

Unless someone here has better experience (CA-specific), I would be prepared to go to court and my position would be, I know I owe a debt to Discover but I have disputed this debt and not received a satisfactory response from them. If it comes down to what do you really think you owe, if you can pay the $1500, then say $1500, who knows they might settle for that. They might not even show up, your case might not get called, I really can't say, except that court is set up to take care of lawyers first so you'll probably end up sitting around for a while.

[gyno]

Thanks cat, I was going to do something similar to what you said... I'm just praying they do not show up or some miracle happens so that I can just put this behind me..

Probably wont happen but a person can dream, I've been told its a gamble but there is a small chance that could happen..

Thanks a lot man.. I appreciate yourr time.

[gyno]

If anyone else has some advice, I'd appreciate it immensely.

[OHBOY]

while I totally sympathize with your frustration about the unknown...court procedures, how to proceed and represent yourself,ect., ect.,.... I am Sorry, can't be of any help...
I too anticipate some court action coming...and sure would much appreciate if you continue to post to let us know about your court experience.

Sure do wish you THE BEST ! ....and....I hope others will have some helpful input for you.