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parker

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    South Carolina

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  1. I did answer the summons and requested documents. I was served in July and just went to court last week. Received official notice of judgment Sat. It is possible I owe a cc with Bank of America but Mann Bracken's initial letter didn't even have an account number listed and as I said they never sent me anything but my credit report.
  2. Mann Bracken sent notice demanding $9K for OSI/Bank of America. I replied within 30 days for DV. No response for nine months, then I get served with complaint. Continue to ask for DV, still nothing until two days before court date, they send a copy of my credit report with the BA account highlighted and a notice refrerencing Zwicker & Assoc. I send notice asking who is Zwicker. Go to court, tell judge they didn't validate debt. He shakes his head and says why since I asked in Sept. 06. MB lawyer says it's right here judge. I said who is OSI and Zwicker since I have no knowledge. Judge asked MB and she says I have no idea and not aware of any of that. Judge looks at me, says the bank is entitled to their money. I find for the plaintiff for summary judgment. MB lawyers walk out and attache lien on my home. Was I sued without validating and is this a violation.
  3. I really thought they would be willing to settle since I don't own any property, my bank account is less than a hundred dollars and there is no wage garnishment in SC(which the state house is trying to change) but they think because they were the first account that went deliquent I am paying my other bills and can pay them everything they are claiming.
  4. The only thing I own is a car that is 13 years old and in the shop. You would think they would try to settle but they are refusing to discuss it since I asked them produce documents.
  5. I did call Target National Bank and they refused to speak to me only to say that I need to call Mann Bracken. I feel like Target still owns the account and MB is representing them. I will try to settle but MB would only offer a large lump sum or outrageous montly payments if I would get my confession on record.
  6. Yes, I did ask for proof of Mann Bracken's ownership but they stopped responding to anything once I requested documents. Also, on my complaint Target National Bank is listed as the plaintiff.
  7. I am not sure, my paperwork says court of common pleas and non-jury hearing before a judge. It also says type of hearing is Judgment on Pleadings.
  8. Mann Bracken is suing me on behalf of Target National Bank. After first contact, I DV'd and heard nothing until months later when I was served. I answered the complaint and objected to the Affidavit of Account to which MB responded by sending statement copies. After going back and forth trying to come to a settlement, they would only offer for 80% or large monthly payments. I can't pay anything myself for I do not work and don't own a thing. My family would be helping me. MB then sends interrogatories, admissions and request for production of documents to which I respond promptly. Weeks later I receive a letter stating that had notified the court to grant a summary judgment and to set a trial date. I then sent a request for production of documents in January but MB never responded. I heard nothing until today when the court notifed me of a hearing date at the end of the this month. I would appreciate any comments! Can they just ignore my request for documents and continue with the hearing?
  9. Yes, two of MB attorneys from their Charlotte, NC office are members of the SC Bar. I am not sure if it is small claims or not, the Summons states collection action non-jury.
  10. 1. I am a representative of HSBC, Nevada and am authorized to Verify current balances due and owing to HSBC on credit card accounts. 2. As of the date of this affidavit I have reviewed the records of the above listed person and account, and that the amount due and owing on this account, over and above all known legal sets offs is $2287.51. 3. That reasonable inquiry has been made to determine if the defendant is in the military service of the U.S. of America, and to the best of my knowledge that defendant is not in such military service and is therefore not entitled to the rights and privileges provided under the Soldiers and Sailors Civil Relief Act of 1940, as amended. That the above information is true to the best of my knowledge, information and belief, and based upon the books and business records of HSBC. Signed by an Authorized Agent of HSBC
  11. 1. Who is suing you? Mann Bracken on behalf of HSBC Credit Card 2. For how much? 2300.00 3. Who is the original creditor? HSBC 4. How do you know you are being sued? Served with Summons 5. How were you served? Were you served? In person by local deputy sheriff 6. What was your correspondence (if any) with the people suing you before you think you were being sued? none 7. Where do you live? South Carolina 8. When is the last time you paid on this account? Around July 2006 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). Checking on this today 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, this is first contact from Mann Bracken 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Requires her to answer to complaint in writing 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Affadavit of Account notorized 14. What is the SOL on the debt? 3 years
  12. No, it is not an arbitration claim. It is a summons to answer with an Affidavit of Account as exhibit A.
  13. Is is legal for a collection lawyer to have you served with a summons without ever calling or sending any notice? A friend was served and this is the first she has heard from Mann Bracken.
  14. I received a settlement offer that states I need to contact the CA office to confirm that I agree to the terms in the letter and to have a Confession set up on my account. What does that mean? Thanks
  15. 1. Who is suing you? Mann Bracken for Target National Bank 2. For how much? 2157.00 + 165.00 court cost 3. Who is the original creditor? Target 4. How do you know you are being sued? I was served and I confirmed with clerk of court 5. How were you served? Were you served? By deputy sheriff at my home 6. What was your correspondence (if any) with the people suing you before you think you were being sued? DV by CMRRR within 30 days no response next thing I knew was when I was served 7. Where do you live? South Carolina 8. When is the last time you paid on this account? Jan. 2006 9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or looking it up online (many states have this information posted daily). After I answered the complaint, MB keeps calling my home and sending notices to settle 10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No 11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. Yes 12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? When I was served they did not send any interrogatories but last week they sent the interrogatories, admissions, and discovery 13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? Affadavit of account, I objected in my answer and they responded with a balance from Target 14. What is the SOL on the debt? 3 years
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