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About bubbaboo

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  1. I don't know if you can do a Motion to Vacate in General Sessions or not. I don't think they follow the regular Rules of Court and I am pretty sure Williamson County Judges have not adopted any local rules for GS court. I have never seen one filed in General Sessions. I don't know what the worst case for you might be. I am pretty sure they can get a lien on your home, seize your bank accounts, and go after any asets they can find.
  2. Did the mortgage documents you got say that they were conveying clear title or did it say that it was subject to a lien? Did you get title insurance showing clear title? It all depends on what the written documents say. Forget about verbal statements. They mean little when put up against a written document. The collector may just be trying to scare you into paying.
  3. I don't remember ever seeing anyone in Court from the Raush firm so I assume they don't handle cases here. A couple suggestions. Send them a letter certified mail RRR telling them of your problem and requesting proof they have the right to collect on MB judgments. Or, file a motion in court outlining your problem and set it for hearing on a Monday morning and send notice to the Raush firm. Nothing fancy - start with the heading from your case (everything at the top of the page through the case number). Then give it a name -Motion to clarify or something similar. Then just state your problem. File it with the clerk, set a hearing date with the Judge (probably Andre - I think she is doing GS cases through December). Then send the motion and notice of hearing to the Raush firm. But try the certified mail RRR first.
  4. I saw this online: STOP Paying Mann Bracken! No one is sure where your money is going. #1 Bud Hibbs Voice of the American Consumer Group: Moderators Posts: 1,093 Joined: 13-April 09 Posted 23 June 2010 - 12:27 PM Firm's receiver must determine who is owed garnishment checks June 21, 2010|By Jamie Smith Hopkins, The Baltimore Sun *Baltimore Sun photo by Lloyd Fox Mailed payments from delinquent debtors are still being routed to Mann Bracken — months after the Rockville debt-collection law firm collapsed and shut its doors. Figuring out who should get the money, garnisheed from the wages of people across the country, is one of the challenges facing the receiver appointed to oversee the firm's unwinding. Mann Bracken has opted to be placed into receivership by the Montgomery County Circuit Court, a seldom-used alternative to bankruptcy. Six months after the firm unraveled, Maryland's courts are still trying to sort out Mann Bracken's cases against debtors, claims against the firm are multiplying and more lawsuits are in the works. The firm imploded in January after the spinoff company handling its support work toppled into Chapter 7 bankruptcy, cutting the law firm off from the computerized files it needed to function. Receiver Cheryl E. Rose is negotiating with Mann Bracken's former clients — credit-card companies, debt buyers and other firms seeking payment on past-due accounts — to keep a percentage of the garnishment money in the receivership account as the law firm's fee. That would increase the funds available for the scores of claimants, including attorneys, process servers and consumers with lawsuits against Mann Bracken. All believe the firm owes them money. Rose also said she is considering lawsuits against "parties we believe responsible for the condition Mann Bracken found itself in," which could ultimately mean more money for claimants. She didn't specify whom the firm might sue. "The claims are mounting," said Towson consumer attorney Cory L. Zajdel, who is representing a Howard County woman in a suit against Mann Bracken for allegedly unfair debt-collection practices. Consumers whose wages are still being docked should file paperwork to quash the garnishment with the court that handled the case, Zajdel said. Maryland's district courts have the necessary forms, he said. His concern is that money going to the defunct Mann Bracken might not make it to the creditors. "I think people might wind up paying twice," he said. Mann Bracken has managed to pry its computer records from the bankruptcy proceedings of Axiant, which had handled that side of the collections work. Rose said she expects to be able to determine in most cases which creditors are owed money, but some of the garnishments won't be easy to forward. "Sometimes I get checks made out to strange things," Rose said. "I got a check once made out to 'Whomever.' " Mann Bracken was thought to have tens of thousands of open debt-collection lawsuits against Maryland consumers when it alerted the state's district court system in January that it was shutting down, prompting the chief judge to order the firm's cases be tossed out. The courts are still dismissing the suits — and officials are still uncertain about the total number. jamie.smith.hopkins@baltsun.com © 2010 IPS, Inc.
  5. I would suggest first that you call the attorney who was handling Mann Braken cases in Williamson. Nicholas Adler was the attorney doing their cases in Williamson county last year and I know he is still around. I just don't know where he is located but look him up on the TN bar website. I saw the other MB attorney last week so he is still around, but I cannot think of his name (60's, silver hair, dark black glasses). He is in court occasionally but hangs around Davidson County most. Did you have Judge Nations or Judge Andre? You may want to write your Judge explaining the situation you are in and explain that you want to make sure you get credit for all payments made. Or you could draft something simple , title it "Motion" and set it for hearing. Judge Nations is on the bench next Monday (I think) but then Judge Andre comes back the following week. They are very informal and you should have no problem doing it yourself. But are real good people who will do what they can to help you. Also, I think you could get away with showing up at the 9 am docket and then, at the end when the Judge asks if there is anything else, you could go forward and ask for help. The 9 am session usually runs close to a hour, depending on the size. MB did a ton of cases here and somebody knows what to do or can point you in the right direction. I think you need to do something or you may find yourself in the position of having paid the wrong company and owing someone else. Good luck
  6. notsureintenn: Midtenn gave you the right advice. In Tennessee, you must file a sworn denial. The best way is to file the affidavit. I strongly suggest you do it that way. And, do it before your court appearance, with the original to the clerk of court and a copy to the attorney for the plaintiff. The other way is to show up in court and let the Judge put you under oath and make a statement that you do not owe this debt to the collection agency. The CA agency attorney will try to bully you in the hallway and get you to admit to the debt, but just keep denying it. Show him you will not back down. It does help to watch court before you go, but not all courts meet every week on these type of cases. Nathan Horton does not practice in my county so I know nothing about them. I don't even know if it is a person or a firm. I know he/it is on the Davidson County docket a lot. You may want to consider starting your own thread so your issues are separate from the original poster. In most situations, if you file a sworn denial, your case in set for a future date for trial. In a few counties, you are expected to be ready for trial the first day you show up. I also have an MBNA/BOA/Portfolio debt but have not had a lawsuit filed yet against me. Please keep us posted on how this goes for you. There are rumors that BOA does not keep records on chargeoffs after one year. If that is true, Portfolio will have a tough time proving its case against you. You may want to try to contact BOA and see if they have the records. Also, for some reason they apparently change the last four numbers of your account after it is charged off. So, if you ask for records under the old number, they will probably not recognize the number. As for the abbreviations, tell us what you don't understand. There is always someone here to help.
  7. BTW, I probably will not be back here until some time Monday, so don't expect a quick answer.
  8. Not sure where to start. It sounds like the suit is based on a sworn account. These are allowed in Tennessee. If it is a SA, a sworn denial must be filed. This can be done in writing before the first hearing, or it can be done at the first hearing on the matter. The law says the creditor must file the SA. That is why the JDB lists themselves as the creditor, not the actual original creditor. I think this is an attempt by the JDB to get around the law, but I see it every day and the Judges are buying into it. But I have yet to see anyone object to it in court, mostly because these never go to trial. My personal opinion is that the law could be clearer, but a well argued motion might get the Judge to buy into your argument. As to who is the OC? I am sure their argument will be that the services were purchased from from the travel provider and financed through the credit company with the consent of the defendant. There is probably a charge back provision between the two where the travel company has to reimburse the creditor if the purchaser defaults. The point is that the Judge will ask, Did he purchase the product? If yes, the money is owed. The Judges do not seem concerned with much more. I am saying the plaintiff could easily fashion an argument that will satisfy the Judge. I don't think your idea will work, but it is worth a try. Remember that my comments are based on watching General Sessions courts weekly for the last 16 or so months. There are not many legal arguments, mostly just the question, did you purchase the product? A motion to dismiss for failure to state a cause of action is normally not allowed in General Sessions court. One of Judges stated that a couple months ago and she gave her source. If you need that, I will have to look it up. Can you tell me who the attorney is? If it is a problem, send me a PM. I have notes on about 20 regular JDB attorneys who practice in Tennessee and might be able to give you some advice. The bottom line is that they do not go to trial. I have stated before that I have only seen one of these cases go to trial in all the time I have been watching. There are probably only one or two of these attorneys who could actually try a case. They are doing good to find the courthouse. Most cases that are contested are nonsuited. If they are, they can be filed again within one year, but this can only be done once, and it has to be done within a year. A second nonsuit will bar the plaintiff from filing again. Remember also that if the defendant looses, he can appeal within 10 days to the Circuit Court. That results in a new trial before a new Judge, not a review of the lower court trial. So if they made a mistake in GS, they may be able to remedy it at the CC level.
  9. You can try asking the Judge to allow you to arbitrate. Not sure what he/she will do. I have not seen anyone try that . Bart Lloyd does not do the Nathan & Nathan cases here, so I don't know anything about him. Charlotte Rhodes does their cases here. But I have never seen that firm try a case. Now with the NAF not doing CA/JDB cases anymore, I think the cost of arbitration is very high, and it is likely that the Judge may expect you to foot the bill since you are asking for it. Personally, I would roll the dice with a Judge. It is very informal.
  10. A lot depends on the county that you are in. In some counties, the first court date is only a first appearance. If you don't show (most people do not show up) or file a sworn denial, a default is entered. Those who do show up usually admit the debt and have an agreed judgment entered against them. The very few who file the sworn denial or deny the debt under oath in court will have a trial date set at a later date. In a few counties, you are expected to go forward on the first court date if you want a trial. I think Davidson is like that. But the CA/JDB attorneys are usually not ready, so they ask for a continuance. The rules in GS court are minimal. A lot of it is what the Judge says it is. If you deny the debt and go forward, they will enter the sworn account affidavit against you. Tennessee allows sworn accounts and the rules say the creditor can enter an affidavit into evidence saying you owe the money. The requirements are a little more than that, but the bar is not very high. They probably will not put on any live testimony. Then it is your turn. You deny the debt, if that is true, and convince the Judge why it is not your debt. If they have statements, they will show them to you, and ask, is that your address? Did you ever have an account with this creditor? And so on. A hint: Just saying I don't remember the debt is probably not going to work, in spite of what some posters say. Here is the key. I watch court all the time. In better than 99% of the cases where the debtor asks for a trial, they dismiss the case. In fifteen months of watching trials almost every week, I have seen only one of these cases go to trial. Who is the attorney for the CA/JDB? I might be able to give you some insight on him/her.
  11. I observe court almost every week. Your experience is typical. Most defendants on these cases will default by not showing up or will agree to a judgement in court. They are too afraid to fight. The few who ask for a trial find that their case is dismissed. I have seen only one JDB/CA case go to trial in the last 15 or so months. That was a woman who was not represented and she lost. The best way to win in TN is to show up with an attorney. Second best way to win is to show up and demand a trial. These JDB attorneys cannot try a case. Can I ask the law firm who was representing them? I suspect it is one of the ones I am following. From your description of the court, it sounds like Davidson county. I only went there once and it can only be described as chaos. This week a lot of cases were tossed out because Mann Bracken did not show up. They went belly up last month and this was the first date they were scheduled here since that happened. But they did not bother to notify the defendants, so a lot of people wasted a lot of time. You may know this already, but it can be refiled within one year if it was dismissed. So watch for another JDB to step in. McLemore is the attorney who does most of the of Portfolio cases filed here. My biggest collection is also MBNA/BOA and is being handled by Portfolio. But no suit has been filed and they have not contacted me for over 27 months. But it is still within the SOL. Can you share anything about the case? Was it just the typical sworn account? Any documentation attached? The general belief is that BOA does not keep any records on chargeoffs after one year so a CA/JDB should not be able to get any documentation. I don't know how I missed your post before this.
  12. I have been away for a couple of weeks and need to answer a couple questions posed to me in this post. I will try tomorrow. All of my notes are in the room off the back porch and the sliding door has been frozen shut for a couple days so I can't get to my research. Buffaloe sues a lot, probably more cases than any other JDB/CA in this area. They are the one attorney who actually went to trial in the court that I observed. But that was only one time in the last 15 months. The Judge mentioned a couple weeks ago that she had just discovered a new book that she found very helpful. It is the General Sessions Handbook by Andrew Biggins Riga. I think she said this guy was a General Sessions Judge. I have looked at a couple libraries and have not located a copy yet. I should have looked at the libray at the law school when I was there recently. I will try to come back here in the next day or two.
  13. The Finklestein firm was not on this weeks docket. I won't get the new docket until tomorrow morning so I son't know if they will be on next weeks. This week was more of the same. Only two JDB/CA cases on the trial docket and one was settled before court and the other was nonsuited even though the defendant did not show up.
  14. That is the last of it so apparently the trick was to break it up into parts. Sorry it took so long.
  15. Some of this is good comedy. I saw one defendant ask for a trial and then not show up on the trial date. The JDB attorney nonsuited the case so the defendant got off. What was that all about? The attorney couldn't even win a case where he had no opposition? Many times (at least four or five times a week), a case is called and no attorney comes forward. Finally the Judge speaks to an attorney and says I think this is your case. They all have access to a copy of the docket. They can't follow along? The funniest moment came when a case was called that was not a CA/JDB case. The plaintiff came up individually representing himself and was doing ok but not real good. I thought this was odd because I remember him appearing previously with an attorney on this case. Just as the case was almost done being presented, the attorney for this guy jumped up and announced that he was representing him and he made a few arguments. Apparently the attorney did not hear his case called, and did not notice his client arguing the case. He did win, but it was the client who won, not the attorney. Many of the CA's and JDB's are represented by multiple attorneys. So a company like Midland may have multiple attorneys in the courtroom presenting cases for them. Many times a case is called for that plaintiff, one of the attorneys jumps up and starts making a presentation. After a minute or two, he realizes it is not his case and another attorney is standing behind him who actually represents the plaintiff. My opinion is that if you file a sworn denial and show up confident on the trial date and don't admit anything, the case will go away without a trial.