Mann Bracken and Hanna exposed – collection debt crumbling in Georgia
Filed Under: Collections
Filed Under: Collections
This is wonderful news for many consumers! This is victory! You made it happen!
Here is an interesting tidbit: A friend who was hired at Mann Bracken was told they were a law firm. She was an administrative assisant in their office. Two weeks after being hired, they approached her about a change in job duties. She was given a script and told to call customers to ask for payment. Needless to say, she knew about debt collectors and some of their tactics. She saw money flowing like water thousands per week. Bonus’ money to reward the productive employees. They had to make a quota. She was not “hired” to do that and she left the company. Her very descriptive statement to us was that “Mann Bracken is ruthless”.
No doubt. But not for much longer.
Have you dealt with Mann Bracken or Fredrick Hanna? Send me your success story!
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41 Responses to “Mann Bracken and Hanna exposed – collection debt crumbling in Georgia”
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October of 2008 i recieved a letter from MIDLAND FUNDING LLC claiming that i owe them $10,000 on a account they bought from Bank Of America. As of 2006 i thought i settled my account with BOA( unfortuantely i dont have letter saying such). Anyways i disputed the claim from MIDLAND and havnt heard back from them. Then Same month i got a letter from Law Offices of MANN BRACKEN LLP claiming the same thing. I wrote them a similar letter.
To Whom It May Concern:
I, Samir Saad, after receiving your letter on October 10th 2008 claiming that I owe a sum of $11289.72 to a MIDLAND FUNDING LLC, ASSIGNEE OF BANK OF AMERICA am refusing to this preposterous claim.
While still in Rochester, NY I had spoken to an associate, Mrs. Washington, at the BANK OF AMERICA within their debt department and had come to a mutual understanding that it would be wise to settle this debt. I was however unable to pay off the debt at its entirety and was a given an option that reduced the amount tremendously.
The final amount I had to pay was only $1652, resulting in me making payments of $413 every month for the next four consecutive months. I would have been a fool to not agree to the offer, so I did. She also informed me that this transaction will go down in the books as a settlement between me, Samir Saad, and the BANK OF AMERICA. I was also told that this is a much better option that not paying my loan that would result in legal actions against me.
While I was making these payments, I would call Mrs. Washington immediately afterwards with the confirmation no. on the money order as I was told to do so. However I was still getting mail form the BANK OF AMERICA claiming my account was passed due, so I contacted Mrs. Washington again and she explained to me that those letter were already mailed prior to our settlement and to ignore them. And to her word the letters stopped coming.
Now, this is the first time I have heard about your law firm or any unpaid loan from BANK OF AMERICA. I do not understand why this loan has resurfaced after almost two years of settlement, so I am disputing this claim. If you have any other questions please contact MIDLAND FUNDING LLC and the BANK OF AMERICA for further clarifications as I am also sending them copies of this letter.
NO RESPONSE once again.
Now on Feb 12th 2009 i get another letter from MANN BRACKEN LLP, totally ignoring my former letter, stating ” As a special tax season offer, we have authorization to resolve the obve obligation by offering to settle the obve account for a lump sum payment. We would like discuss th eabove matter by telephone and work out th edetails of the settlement for less than th etotal amount due.” which is $12000 now.
i contacted them several times, and got nothing but an answering machine. left so many voicemails that the it was full and wouldnt let me record anymore. so now i am pissed off. i just finished writing my last letter to them and Midland, which i am going to mail tomorrow.
To whom it may concer:
I, Samir Saad, have repeatedly tried contacting your offices on several occasions and have failed reaching someone. I left messages till the answering machine told me it was full and cannot record any more messages. I have written my final letter to MIDLAND FUNDING LLC, this will be my final letter to your law firm as well.
After receiving your letter on February 16th, 2009 claiming that I now owe a sum of $12088.64 to MIDLAND FUNDING LLC, ASSIGNEE OF BANK OF AMERICA, am disputing this preposterous claim. I have repeatedly requested documents to be provided to me as proof from MIDLAND FUNDING LLC, which they have failed to do so. Since your law firm (MANN BRACKEN LLC) is representing this company, you are now required by law to provide me with these listed documents.
Be advised that this is a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for “verification” or proof of my mailing address, but a request for FULL MEDIA VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that (a) the account is valid, (b) the amount allegedly owed is accurate, and (c) I have a contractual obligation to pay Midland Credit Management for this alleged debt.
All of the following MUST be provided to adequately validate the authenticity of the alleged debt AND provide proof of my contractual obligation to Midland Credit Management for this alleged debt:
• Signed credit application between myself and the original creditor
• Copies of all signed vouchers from the date account was opened until default/settlement
• Copies of all statements from the date account opened until default/settlement
Including, western union receipt #, which was made by me to settle the Bank of America account.
• Proof of the statute of limitations
• Proof of agreement that MIDLAND FUNDING LLC was hired by the Original creditor, Bank of America, (creditor as defined by the FDCPA) or
• A copy of the contract Midland Credit Management purchased the alleged debt.
• If the alleged debt was purchased, provide a copy of an agreement between Midland Credit Management and myself, signed by me, stating that I have a contractual responsibility to Midland Credit Management for the alleged debt
• Provide proof that Midland Credit Management is bonded/Licensed for debt collecting in the State of Maryland.
Be advised that failing to provide ALL of the media requested to validate the alleged debt will invalidate any and all claims MIDLAND FUNDING LLC is asserting regarding this alleged debt. If MIDLAND FUNDING LLC/ MANN BRACKEN LLC CAN NOT provide all of the validation media requested above, ALL collection efforts MUST be stopped and the account MUST be DELETED from the MIDLAND FUNDING LLC/ MANN BRACKEN LLC. If you can NOT validate your claim, you can NOT, by law, collect on it, or SELL it to another collection agency. Also, reporting a debt to the credit reporting agencies that can not be validated is a violation of the FCRA (Fair Credit Reporting Act), and carries a $2500 fine to be paid to me, Samir Saad. I have two years to decide if I want to pursue this matter. PLEASE GIVE THIS MATTER THE ATTENTION IT DESERVES.
If your offices are able to provide all of the validating media as requested, I will require at least 30 days to investigate this information, and during such time, all collection activity must cease and desist.
I am also stating, in writing, that no telephone contact be made by your offices. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment, and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by United States Postal Service.
sorry about the spelling mistakes…i was really angry, lol. oh and one more thing. Is’nt it unethical to be a debt collector and represent the case as otternies as well? All letters from MANN BRACKEN LLP have this at the bottom
***This is an attempt by a debt collector to collect debt and any information obtained will be used for that purpose.***
Samir, Mann Bracken is one out of the top ten worst agencies. It is questionable that they are a law firm which is very intimidating to consumers. Your letter is firm. Your verbage is excellent. Also their legal documents ie bill of sale are not necessarily from the seller. Technology and computers can create any document to look legit. Keep fighting and the next step is legal action. We can tell you how to do that if you need information how to file. http://nextlevelunlimited.net/blog/debt-collection-attorneys-rent-a-lawyer/
Keep us updated…
~Next Level Credit~
Thank you for replying back, i am going to mail the letter today. and hopefully not hear back from them ever. I also went on experian and put a flag on my credit report disputing this collecttion. MIDLAND has 30 days to prove that the claim is accurate or else take it out of my file. It brought my credit score down from a 732 points in 2006 to 530 points!
I called them yesterday and spoke to a rep and asked him why Midland/Mann Bracken havnt responded to my letter, he said “Then, Its probably not acurate sir”
I too, am dealing with Mann Bracken, (aka: Wolpoff & Abramson, Eskanos & Alder, PC). However, unlike these so called “paralegals” with whom you speak with, I have a degree as a paralegal, and I have worked for REAL collection attorney’s in the past. Now, in my current research for more consumer right knowledge and who Mann Bracken is, I have found that there are so so many unknowledgable consumers who are getting the royal from these bottom feeders. I have sent a form request to Mann Brackett for all proof of the debt, copy of the arbitration clause, full media validation and a local TN law office address, phone number, and proof of licensing to collect a debt in TN. (they need to be licensed in your state to collect a debt from you) Also, there is no listing for their so called offices in Clinton, TN or Nashville, TN, and if you google their address in Atlanta, GA it is an apartment complex, and the MD office is in the middle of an intersection. My advice to any one who has to deal with either; these bottom feeder, or any others, know your laws of your state for collection, do not ignore them; you fight them. There are plenty of good attorneys and consumers who can give you help and great advice on the internet. As a paralegal, we live by a code; RESEARCH, RESEARCH and do more RESEARCH!! Knowledge is Power, Power is Knowledge!
Deborah, Thank you for your comment coming from the legal side. This is VERY helpful. Bottom feeders is a great adjective and visual too for describing all agencies. More consumers are fighting back day by day!
~Next Level Credit~
I am dealing with Mann-Bracken on a card account that we have not been able to pay on for several years. We are now on better financial footing and I would like to rectify this debt. I tried talking to Discover about sending them increasing payments, but they said I should deal with the ‘attorney firm’ for payment. Question, has Mann-Bracken registered in TN? I received a letter from them that indicated an address on ‘10th Avenue’ in Nashville. All I want to do is set up a payment schedule to complete my debt obligation to Discover. I am sending validation requests via registered mail, but how can I best deal with them, or should I continue to question Discover about payment to them? What are your thoughts?
Jim, Thanks for asking about Mann Bracken. Your account is worthless to Discover. They took a loss on the books. Business as usual. It is big profit to Mann Bracken. Mann Bracken is counting on consumer ignorance to make them wealthy. This infuriates us. Do not pay. You will have to ask for validation of the alleged debt.
See our latest post. Feel free to contact us anytime!
http://nextlevelunlimited.net/blog/collection-debt-psychology/
~Next Level Credit~
Sorry to continue this thread, but one other question. When I called Discover and spoke to the CMA dept. the rep refered me to a supervisor who kept instructing me to talk to the ‘attorney firm.’ Could that supervisor have been a Mann-Bracken rep and that was who I was talking to? And would that damage my chances to handle this account as you have suggested? Just want to have as much knowledge as I can get to tackle this.
Jim, Please don’t apologize – that is why we are here – to ask. The supervisor at Discover was not a Mann Bracken rep. Discover sold your account. Talking to Discover does not damage your chances. Mann Bracken is the junk debt (dead) buyer. They want your money. Do not talk to any collector. Only correspond in writing. Do not pay. Consumers need a paper trail. Please sign in on our home page and get our report with instructions. It has many resources on it to help you. We have also written to your private email address as well that you have provided to us. Also, we are available by phone if you have more questions, see our contact page for more information.
~Next Level Credit~
My son is dealing with Mann Bracken about a Discover Card acct. They are sending letters. Sent a letter to validate debt. All they sent was an old bill from last yr. from Discover. It seems like these people are really busy. A lady I spoke to on the phone that is enrolled in a debt plan that we cannot afford stated that they were after her too over a Discover Card acct. How do you fight these bottom feeders?
I have not received anything in writing, just a phone call from 301-882-9975, I googled it and found out it was Mann Bracken. I have no idea who they are claiming I owe. I have sent cease and desist letters to my creditors for harassing phone calls and instruction to only communicate in writing. One actually said they received my letter and to please call them to find out what their offer of help is. Can they do that after I specifically told them I will correspond only in writing?
Any help or advice would be greatly appreciated. Thx!
Kim, Thank you for your comment. Mann Bracken’s version of validation is different than the correct and FDCPA way. It is not likely that it was a statement from Discover. Your son can write again to MB and send a 2nd dispute letter saying that it was not valid documentation.
~Next Level Credit~
Jodi, Thank you for your comment. No they cannot contact you. A cease and desist letter should stop the contact but they do not follow the rules in this company. Do not converse with them at all. Send a VOD letter quickly. However, how old is this alleged account? Everyone should check the statute of limitations for their state before writing any letter to these agencies.
~Next Level Credit~
I just received a summons from MB. They put as the plaintiff “Discover Bank Issuer of the Classic Card”. Are they really representing Discover or is this misrepresentation? I know they are not the first to have this debt. On the bottom of one sheet it says they are a debt collector and this is an attempt to collect a debt. (A sheriff did deliver it to me so I know it’s valid) I’m trying to prepare an answer to file in the court. It is a valid debt I just have no means to pay it now and no assets. Trying not to panic…any information would be appreciated.
Belle, Thank you for your comment. Discover is not involved at all with MB. First, how old is the account from Discover? Second, you will need to file and answer to the court questioning the validity of the alleged debt with MB. Also, you can file a motion to dismiss.
~Next Level Credit~
In reference to Frederick Hanna & his bunch of goons. I understand they may finally be
caught up with. I hope so & hope someone will go to jail! They got into some relatives
bank account down in Fitzgerald, Ga. who had Social Security & another retirement check
direct deposit. Well…one day the money was gone! They find out from BOA who took it.
The Fred Hanna goon squad did it. Now, this is prohibited by Federal Law. Read what the Social Security board has to say on that…..it’s illegal. The Fred Hanna crooks full well
know this, but do it anyway & many times get away with it, knowing the poor people on
Social Security don’t have funds to fight & sue them with. On behalf of those in Fitzgerald, I’ve tried to make this known to as many as possible, to see if I can get something done & help them get it returned to them one day. Just beware of your bank accounts, they will get into them & steal every cent you have to your name.
Need help. have been sued by Mann Bracken and will have to appear in court soon for a hearing or trial. date not set yet. Been fighting with them for two years now and they won’t go away. I am so so tired and broken. I live in GA and need help finding a way out. I have tried calling them and trying to get some type of lump sum offer, but they won’t listen to me, won’t return calls or hand up on me when transferring and I feel they are just trying to use the courts as their collection stick. They claim I owe over 50K to 3 credit cards, prior to fees and all the add -on crap the credit card companies put on there it was under 40K. I wish I could settle for 20% or less, or fight back. I am fearful that hiring an attorney will just cost me more money and for what? a settlement that I can’t afford? I am now contemplating BK, but really don;t want to do that. Do you know of anyone I can speak with in Eastern Georgia that can help….. please? the stress is just eating me alive. i feel so broken.
I received a sticky note on my door requesting I call this number 4102396329..mann bracken has summoms me to court regarding a debt at least 5 years old I cant remember how long a it was. I recently paid off a debt with aspire.. with Karen M. claiming to be a parallegal… but document states she is a collection manager. I setteled a debt in the amount of 1043.00 in two installments since then I have not heard from mann bracken.. I called because its still reported on judiciary case search as active. They never submitted the claim as setteled or closed. Mann bracken refused to give me any documentation regarding this claim setteled.. I told them if they did not forward anything to me I will notify my lawyer of their actions. A notice was emailed within two days.. but I was placed on hold then the receptionist stated someone will get back to me. How do I respond to this second attempte to collect a debt from the same company on behalf of Capitol One Bank..
Kim, Thank you for your inquiry. Sticky note? Unbelievable! We are a little confused with the time frame you are writing about. Mann Bracken cannot sue you on something 5 years old in the state of GA. Where are you residing? Karen M was employed with Mann Bracken? You can get this dismissed and removed from your credit report. This collector is EMAILING you for collections?! This sounds like you are dealing with 2 different cases if we understand correctly. Mann Bracken is attempting to collect for Capital One. They are NOT collecting for C1 – MB is collecting for themselves. A VOD letter needs to be mailed to them asap. Some of this may seem confusing because you have 2 issues to deal with and correcting them. Please contact us.
~Next Level Credit~
i to am getting calls from mann bracken, on sep 2005 i became legally blind so i had to quit work. in order to make it i had to stop paying my capital one card balance $3200.00. now 3yrs 11mo later mann bracken is calling me(i dont answer). rhey have sent one letter stating that they ate collecting for cap one $10300.00 now!,first its almost been 4 yrs since i made my last payment,is it near the statuee of limiatations(next month is 4 yrs).if so what do i do? 2. if they try to sue,how long does that take here in GA before it goes to court?.3. i am on SSDI benefits,they cant touch that. i get$900.00 a mo on SSI thats what i have to live on.
Tim,
Thanks for your comment. You can send the SOL letter to Mann Bracken. Send this immediately. This is time barred.
There is a chance that Mann Bracken will ignore that and may sue. Send the letter immediately to have your own documentation.
fyi – SSDI is not garnished.
~Next Level Credit~
what is a sol letter
Virginia,
An SOL letter stands for Statute of Limitations. There is a limitation of the amount of years that debts can be collected. Here is a list of states:
http://www.privacyrights.org/fs/fs27plus.htm
~Next Level Credit~
I ran my credit report and there is an inquiry on it from Mann Bracken. I have no outstanding debts, no credit cards or loans that were defaulted on and never applied for any credit in the last year. Any suggestions? I just found out tonight.
Joe,
Thank you for your comment.
Unless it is an item on your report, I would not be overly concerned about an inquiry. You can get that removed.
If you are contacted by MB with a letter or call then handle that when that time comes. That may be a case of mistaken identity.
I suggest to call MB and ask them why they did a pull on your credit.
Great to hear that you do not have any debt!
~Next Level Credit~
I received a summons in Maryland District Court. The summons is dated August, 2009, and lists American Express as the Plaintiff and Mann Bracken LLP as the Attorneys for the Plaintiff. I received no communication from Mann Bracken prior to my receipt of the summons. I attempted to contact Mann Bracken by phone, but after holding for twenty minutes and speaking with nobody, I hung up and have not contacted them again.
I reviewed the Amererican Express credit-card account in question, and noted that I’d made my last payment to American Express shortly after losing my job in the first quarter of 2005. Noting that the SOL on such debt is 3 years in Maryland, I returned the Dispute form that was included with the summons to the court, noting that I was disputing the claim on the basis that the SOL had expired prior to the claim-filing date. This assumes that in order to be within the SOL, my last payment to AMEX would have to have been made no longer ago than August, 2006, 3 years prior to the filing of the summons.
As a result of my dispute, the court date was revised from October until November of this year. My latest credit reports list the American Express account as being closed or charged off as bad debt, and there is on longer a Date-Of-Last-Activity noted on any of those credit reports. I believe that my only means of “proving” that my last payment on this account was made prior to the 3-year SOL is to provide copies of my checking-account statements for the period beginning with my last payment to AMEX and ending just after the 3-year milestone date. These statements will show 2 checks being paid to AMEX in consecutive months, June and July, 2005, and no further payments being made during the next 49 months, the approximate date of the summons filing.
Is the approach I’m taking with this sensible, must I do more than this, and doesn’t Mann Bracken need to prove to the court that I did pay on this account at some time during the SOL period? Thank you for any advice or assistance you can provide.
Paul,
Thanks for your comment. You are correct about the SOL in your state. Your situation and timeframe falls under SOL. We suggest along with the dispute form, send in an answer to the court and affirmative defenses and check to see what Maryland allows to the court. The SOL will be used as a defense but the answer to the court is also needed from you to file. It is up to Mann Bracken to prove the debt, regardless of the SOL. The SOL is only part of the defense.
We do not advise showing any checks, statements, payments to Amex. Yes Mann Bracken needs to prove as a plaintiff should – evidence to the court. See the tab – beat a lawsuit on this site for more information. Contact us with further questions.
~Next Level Credit~
Hi,
I am in the same boat with Jim. I opened a Discover Card when I was in college (if I knew then what I know now…) I’ve paid the card off twice, and ran it right back up. I got married, bought a house, and *finally* got a better higher paying job. I am getting calls a few times a day from Mann Bracken. (My husband is in the same situation, only they’ve sent a letter stating they are going to garnish his wages). I don’t want my wages to be garnished. I work with money, and this might cause me to lose either my position or my job. I called them today, and spoke with a representative. I told him that I could pay $100.00 this month and possibly $50 a month to get my balance down. (I owe $3500). The representative told me that $100 was too low, as was $50. I told him it was all I could spare, he said that anything under $200 was just too low. (Which is double what my offer was….what a coincidence) He told me that he could lower my balance to $2790 if I could pay off the balance by the end of the month (which is 8 days away). I told him I didn’t have $2700 just laying around, and he told me we could either do that or nothing. He could take the $100 as a good faith payment, but it wouldn’t help my account being dealt with further. He wouldn’t even try to set up a payment plan. What would you do in this situation? I can try to see if a family member could loan me the money, but in the likely chance that they cannot, what can I do?
Autumn,
Thanks for your comment. Stop talking to Mann Bracken. Has Mann Bracken proven the amount you owe? They cannot garnish your wages unless there is a judgment and by reading here it does not seem that there is one. You and your husband need to have MB prove this alleged account. Everything must be in writing. Mann Bracken is in alot of trouble currently if you have not read about it yet.
Do not negotiate any payment to them at all. You need to understand what you owe and WHO you owe. Chances are that you do not owe Mann Bracken a dime. Contact our office if you have any further questions.
~Next Level Credit~
Mann Bracken contacted me about a Discover card that was charged up by my ex girlfriend in 1995. I have never made a payment on this debt…..Unfortunately my father was receiving these debt notices while I was away in college. He thought he was being kind and paying the minimum for me. I never asked him to do this and didn’t realize this until he lost his job in 2008. Discover contacted me and said I now owed $4000 on what used to be a $600 credit card.
I sent this to Mann Bracken today as a registered letter:
“I have received a letter informing me of your intent to sue.
Pursuant to the Fair Debt Collection Practices Act, I dispute the debt and I request verification of the debt. Further, I am requesting proof of ownership of the debt and a copy of your license granting you the right to collect in North Carolina.
Please do not contact me by phone.
Per the Fair Debt Collection Practices Act, I am requesting written validation of this alleged debt, including a copy of the original signed application with my signature.”
Can they really sue me for a debt that old?
Robert,
Thanks for your comment. You state that Discover contacted you. We doubt that it was Discover and it was Mann Bracken calling you.
Your action was correct in writing to Mann Bracken and asking for validation.
Contact our office if you have further questions.
~Next Level Credit~
IT GETS EVEN MORE INTERESTING. ON DECEMBER 29, 2009, FIA CARD SERVICES (FORMERLY MBNA) FILED A CROSS-COMPLAINT AGAINST MANN BRACKEN, LLP IN A CASE BROUGHT AGAINST FIA, MANN BRACKEN AND OTHERS BY THE SAN FRANCISCO CITY ATTORNEY. THE FIA CROSS-COMPLAINT ALLEGES PROFESSIONAL NEGLIGENCE AND BREACH OF FIDUCIARY DUTY AGAINST MANN BRACKEN.
I am trying to remove a lien on my father’s house due to unpaid debt my mother owed to Cap One in 2005 and was handled by Mann Bracken. We do not have contact with my mother anymore and I was wondering what my next step is? Please help. Thank you in advance.
Rick,
Thanks for your comment. The lien should not be on your fathers house if it is not joint. Seek legal counsel and you can also get that removed from the credit report.
~Next Level Credit~
Hello,
I live in the state of George. For more than 2 years I’ve been dealing with Mann Brakcen, thank God they are dead. In an attempt to get Mann Bracken to verify a Capital One debt in 2008, they got a judgment against me. They never verified the debt and I never received a notice to appear in court.
Last week I received a letter from the new devil’s advocate Frederick J Hanna. They sent me a Notice of Substitution of Counsel & Entry of Appearance. Of course I have the right to verify the debt according to their letter.
My question is since Mann Bracken used their sleezy means to get the judgement and they been sent back to hell. How can I get the judgment vacated?
Thank you for responding, the limits are coming off!
Sincerely,
NO DEBT EVER
Toniee,
Thanks for your comment. We have also emailed you about this situation. There is a lawyer who is taking cases from Mann Bracken and moving on towards Hanna. The ONLY way a judgment can be transferred is with substitution of counsel. Hanna for once is doing this in the legal manner. We ask if you were served the summons in the beginning against Mann Bracken – but since you paid on it – it does not matter if you were served at this point.
Hanna just won the appeal from the State of GA so they will be around for a long time. If you would like to talk to a GA atty – fill in our contact form and we will send you some information. We do not think that there is any recourse for you ie vacate judgment. We are sorry to state this.
~Next Level Credit~
I received a summons in Maryland District Court. The summons is dated August, 2009, and lists American Express as the Plaintiff and Mann Bracken LLP as the Attorneys for the Plaintiff. I received no communication from Mann Bracken prior to my receipt of the summons. I attempted to contact Mann Bracken by phone, but after holding for twenty minutes and speaking with nobody, I hung up and have not contacted them again.
I reviewed the Amererican Express credit-card account in question, and noted that I’d made my last payment to American Express shortly after losing my job in the first quarter of 2005. Noting that the SOL on such debt is 3 years in Maryland, I returned the Dispute form that was included with the summons to the court, noting that I was disputing the claim on the basis that the SOL had expired prior to the claim-filing date. This assumes that in order to be within the SOL, my last payment to AMEX would have to have been made no longer ago than August, 2006, 3 years prior to the filing of the summons.
As a result of my dispute, the court date was revised from October until November of this year. My latest credit reports list the American Express account as being closed or charged off as bad debt, and there is on longer a Date-Of-Last-Activity noted on any of those credit reports. I believe that my only means of “proving” that my last payment on this account was made prior to the 3-year SOL is to provide copies of my checking-account statements for the period beginning with my last payment to AMEX and ending just after the 3-year milestone date. These statements will show 2 checks being paid to AMEX in consecutive months, June and July, 2005, and no further payments being made during the next 49 months, the approximate date of the summons filing.
Is the approach I’m taking with this sensible, must I do more than this, and doesn’t Mann Bracken need to prove to the court that I did pay on this account at some time during the SOL period? Thank you for any advice or assistance you can provide.
computer bbs,
Thanks for your comment. First of all MANN BRACKEN IS OUT OF BUSINESS. Mann Bracken HQ was in Maryland/Georgia.
Also SOL is not a good defense to use IF this was a viable case. Thank you for all the details, however, you have stated limited details here and we are unable to assess.
If you need more advice in regards to MANN BRACKEN and your case, go to our ABOUT US page and sign in for an hour session. You might be able to get this dismissed quickly. Until we talk to you – we cannot tell you anything definitive.
~Next Level Credit~
I just realized that I have been paying Mann Bracken $300 a month for over two years and I don’t remember what credit card these payments are for. I am now being sued by Bank of America. I don’t remember about this credit card debt. (Our business failed and I created lots of debts. I thought I was done with the debts and ready to move on until now. I don’t have any paperwork due to the mess while I owned my business)
How can I find out what the Mann Bracken account is for? I can’t call Mann Bracken now. Is it possible to get my money back if Mann Bracken did not pay my creditor?
Marsha,
Thanks for your comment. How do you know you are being sued? Were you served? BOA is not the plaintiff, the collection agency is the “plaintiff”.
How do you find out what the MB is account for??? Since you do not have papers on it….we don’t know. You will not able to get money back. They are gone. Of course MB did not pay the original creditor. MB was collecting for MB.
If you are being sued, you need to file Answer/Affirmative Defenses asap.
~Next Level Credit~