broke & tired Posted August 5, 2006 Report Share Posted August 5, 2006 I was served with a civil summons last weekend saying I am to appear before the General Sessions Court October 17th for a $1916.87 credit card debt that I owed to Aspire Visa from 3 years ago. The paper states that it was filed by an attorney Mann Bracken, LLC on behalf of Midland Funding LLc-(MFL) Assignee of Aspire Visa. I have a part time job and cannot afford to take off any time. My sister has sent me $800 to help me out but I cannot come up with the balance. Is it possible that I can offer them what I have as payment in full settlement and can anyone tell me how to go about doing it and what I would need to do to make sure they do not sue me for the rest later?(or if I will have to go to the court and settle it there?) Link to comment Share on other sites More sharing options...
mikey Posted August 5, 2006 Report Share Posted August 5, 2006 when you go to your pretrial, ask for mediation if you want to settle it. in mediation, tell them this is all you have and maybe they will take it. they might just take it if they want anything. Link to comment Share on other sites More sharing options...
broke & tired Posted August 5, 2006 Author Report Share Posted August 5, 2006 Thank you for letting me know that! I wasn't sure if I should call or write them and try to offer what I had or not. I had received a letter a few months ago and said they would settle then if I would send them half of the amount, but I could not come up with it then. Link to comment Share on other sites More sharing options...
Gibson Posted August 5, 2006 Report Share Posted August 5, 2006 You'd be surprised at how little they'd settle for. In my case, it was just about to go to court when I made a ridiculous low ball offer of about 15% of the balance due - they accepted. Link to comment Share on other sites More sharing options...
broke & tired Posted August 5, 2006 Author Report Share Posted August 5, 2006 I live in a rural area and not in the county that it says on the summons he gave me (I've lived here over 20 years). Would this make any difference? Link to comment Share on other sites More sharing options...
mikey Posted August 5, 2006 Report Share Posted August 5, 2006 I live in a rural area and not in the county that it says on the summons he gave me (I've lived here over 20 years). Would this make any difference?you might call the court and ask them if you can submit a letter to them asking for a change of venue...its suppose to be where you live Link to comment Share on other sites More sharing options...
broke & tired Posted August 5, 2006 Author Report Share Posted August 5, 2006 Should I just try to call Mann Bracken and try to offer to settle before the court date? Also, what is the "pretrial" you were talking about? Link to comment Share on other sites More sharing options...
divemedic Posted August 5, 2006 Report Share Posted August 5, 2006 If you do that, make sure that they supply the settlement IN WRITING, and that they supply you with a copy of the dismissal STAMPED BY THE COUNTY CLERK. Otherwise, you could end up with a summary judgement if you don't show up to court. Link to comment Share on other sites More sharing options...
broke & tired Posted August 5, 2006 Author Report Share Posted August 5, 2006 Should I call them to do this or send them a letter so I will have a copy? I didn't realize how ignorant I was about this.. but I've never gone through this before. Link to comment Share on other sites More sharing options...
mikey Posted August 5, 2006 Report Share Posted August 5, 2006 Should I just try to call Mann Bracken and try to offer to settle before the court date? Also, what is the "pretrial" you were talking about?pretrial is the first appearance on a civil claim or criminal case. it is a "conference" to let the judge get a feeling for what both sides want. if no agreement can be reached at that time, the judge will send it for trial...either sets it right then or you will get notice of the date later. in small claims court, a pretrial is very informal...almost like going for a traffic ticket except on the civil claim you dont need witnesses or documents because the other side might not have theirs and all they have to say is they need more time to supply their side and want trial. the judge will ask you how you want to plead. you can deny or request mediation or accept whatever the other side wants. if you dont want to fight it, at least request mediation so you can haggle over the amount. Link to comment Share on other sites More sharing options...
broke & tired Posted August 5, 2006 Author Report Share Posted August 5, 2006 Is that what the civil sessions summons I got for - is that the pretrial? Link to comment Share on other sites More sharing options...
mikey Posted August 5, 2006 Report Share Posted August 5, 2006 i might imagine that if you read it all, you might see something in there about a pretrial if that is the case. it should describe everything. it should have supporting claims attached to it as well...that way you know what you are going to court over. i have no idea what your summons says...dont have it in fron of me Link to comment Share on other sites More sharing options...
broke & tired Posted August 5, 2006 Author Report Share Posted August 5, 2006 Can I email you the pages I was served for your scrutiny? I tried to send them in a 'private' message and it won't let me. Link to comment Share on other sites More sharing options...
mikey Posted August 5, 2006 Report Share Posted August 5, 2006 only if you want someone to read it and help you better...you could post it here since more educated people might help too....but you can emai it to:thewaterionizer@yahoo.combe sure and block out personal infojust to make sure, i just want to see if you miss something on it...thx Link to comment Share on other sites More sharing options...
mikey Posted August 6, 2006 Report Share Posted August 6, 2006 i got the email and because it was just a photo of it and no a scan, it was kinda hard to make out anything. It does appear to be a summons that calls for your appearance on oct 17....i would call the courthouse and see what they say about having the venue changed to one closer to you if its far. tell them its a burden and it requires by law that they sue you where you live at the time of the claim. but in the end, make sure you show up to whatever is decided...or they will get a judgment against you by default. as for what to do in your case....dont know the facts, but if its past the sol, i would fight it. if not, ask for a settlement offer either before the trial date and get something from the court saying it was dismissed by the planitiff or you still have to show up. ask for a settlement you can live with and can pay right then or if payments can be made. but all this if you are not able to fight it. sometimes they act like they have everything they need to win a suit but are bluffing. your in minnesota and i am in florida...different laws. maybe i helped, maybe i didn't....someone knowing mn laws better can help more...sorry Link to comment Share on other sites More sharing options...
broke & tired Posted August 6, 2006 Author Report Share Posted August 6, 2006 I live in TN, not MN.. the paperwork was signed by someone in MN. I think it says that Midland Funding owns my account that was originally with Aspire Visa and that Midland Funding hired the attorney to handle this for them. Do you think I should call or write the attorney to offre a settlement? Link to comment Share on other sites More sharing options...
mikey Posted August 6, 2006 Report Share Posted August 6, 2006 where is the summons for, minnesota or tennessee? Link to comment Share on other sites More sharing options...
broke & tired Posted August 6, 2006 Author Report Share Posted August 6, 2006 Tennessee. The letter attached to the summons came from Mn and is just stating the amount due, that Midland Funding got it from Aspire Visa and that they are letting attorney Mann Bracken in Nashville to handle it for them here in TN. I would like to try and make an offer to settle with the attorney but don't know how to go about doing it, nor do I even how much to try and offer him as settlement.. is there a form letter for doing this that I can adapt to fit my circumstances? Link to comment Share on other sites More sharing options...
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