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Mann Bracken had me served


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I received a letter from Mann Bracken, LLC saying they represented Target National Bank. I asked them to validate by CMRR to their Atlanta, GA office on my notice but I never received anything. They continued to call several times a day for weeks then nothing.

Last week, they left a voicemail saying I was almost out of time. Then today I was served by a deputy sheriff. The paper states I have been summoned to answer a complaint at Mann Bracken's office in Charlotte, NC within 30 days and if I don't answer within that time, a Judgement by Default will be rendered against me.

What does this mean? I thought when you were served you had a court date to appear before a judge.

By the way this is still within the SOL.

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You have 30 days to file an Answer to the Complaint, and then a court date will be set to hear your case. The court's name and address should be on the document served on you by the sheriff. Did you DV Mann Bracken within 30 days of their initial written communication? If so, then continued collection activity (which serving you with a Complaint is) is not permitted. If you DV'd them after the 30 days, then it is. There are forms on this site to help you answer the Complaint.

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Yes I sent the DV within the 30 days.

There is no court name or address on my papers, just an affidavit from Mann Bracken addressed to me stating for me to appear at their office, signed by Mann Bracken attorneys stamped with my county clerk of court, an affidavit of account from Target, and a letter from Mann Bracken to the sheriff asking for them to serve the Civil Summons.

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Hmmmm, something doesn't seem quite right about this to me, but perhaps someone familiar with North Carolina/South Carolina procedures will jump in. I would be very surprised if you actually had to appear in Mann Bracken's offices and without a court hearing I would say definitely that no judgment can be entered. Check your local court to find out if anything has been filed with them. The fact that the paper was served by the sheriff makes it sound as if it is legit, but seems fishy to me. Could you type here verbatim what the Civil Summons says?

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It all seems fishy to me as well. The deputy had all the papers messed up and mixed with others that did not belong to or concern me and had to take out the staples and give me three papers not together. He went over the summons highlighting the 30 days saying I need to appear in Mann Bracken's NC office.

Here is what it states, now that I read it again I believe it to say I must answer to that office.

You are hereby summoned and required to answer the Complaint in this action, of which a copy herewith served upon you, and to serve a copy of your answer to the said Complaint on the subscriber at his/her offices within thirty days after service hereof, exclusive of the day of such service, and if you fail to answer the Complaint within the time aforesaid, Judgement by Default will be rendered against you for the relief demanded in the Complaint.

Now what should I do? Thanks!

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You are hereby summoned and required to answer the Complaint in this action, of which a copy herewith served upon you, and to serve a copy of your answer to the said Complaint on the subscriber at his/her offices within thirty days after service hereof, exclusive of the day of such service, and if you fail to answer the Complaint within the time aforesaid, Judgement by Default will be rendered against you for the relief demanded in the Complaint.

The complaint attached to your summons should have a caption containing the court where the action was filed. Based on the quote above, I would guess that your are reading the instructions on your summons cover sheet instructing you where to send a copy of your answer (in addition to filing with the court). Granted, I don't know South Carolina civil procedure, but it's highly unlikely that you would be commanded to appear at a plaintiff's place of business in another state. Charlotte is in NC, and you're in SC, right?

Read everything you were given and you should have a better idea of what you are being asked to do.

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Yes, I am in SC.

You are correct that I am reading the cover sheet but that is all I received other than a notorized affidavit from Target as exhibit A, and the letter addressed to the sheriff asking for the summons to be served. The cover letter was stapled to another cover letter and papers that did not belong to me. This was all I was given.

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Yes, I am in SC.

You are correct that I am reading the cover sheet but that is all I received other than a notorized affidavit from Target as exhibit A, and the letter addressed to the sheriff asking for the summons to be served. The cover letter was stapled to another cover letter and papers that did not belong to me.This was all I was given.

"The cover letter was stapled to another cover letter and papers that did not belong to me. "

Does that mean you got someone else's paperwork? :confused: You need to get the correct complaint sumons from your local court house like LadyNRed says...

suki

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The Summons listing me as defendant was stapled to another Summons and foreclosure papers for someone else. I looked at the top sheet with my name and then told the officer the other papers were not mine. He came in and when through all the paperwork stapled together with 5 staples and said the girl in the office made a mistake. He went through all the papers he had and ripped out anything that I had my name on it. That is when he gave me the Affidavit of Account from Target and the letter from Mann Bracken to the Sherrif asking them to serve the summons and complaint.

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Yep, sounds like the hapless sheriff didn't give you all the documents. The Civil Summons is not asking you to appear at the plaintiff's offices, only to provide them with a copy of your Answer (original being filed with the court) within 30 days. The docs that the sheriff failed to give you would contain the court information. My guess is another defendant received your paperwork.

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After I do get all the correct papers, how should I answer?

First get a copy of the complaint as you don't know what is going on yet. You can't answer it until you know what you are being sued over and what MB is asking for. Go get it and post the details here on this thread.

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There are lots of threads on this site discussing preparing an Answer, as well as sample forms. You'll need to do a lot of reading and researching to get up to speed. After that, come back and ask questions. We're happy to help. First order of business, though, is to get a copy of that Complaint.

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Thanks everyone!

The clerk of court said they will have to mail the complaint to me, they have having trouble with their system and the employees putting the info in the computer. I guess that is the downside of living in a small town.

By the way Mann Bracken called my mom today and said I called them and they were returning my call. I have NOT called them, should I?

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Here is what the complaint says from Mann Bracken with Target National Bank/Target Visa as the Plaintiff:

1.That the Plaintiff is a foreign corporation;

2.That the Plaintiff is informed and believes that the Defendant is a resident of xxxx County, South Carolina, and is neither an infant or incompetent;

3.That the Plaintiff owns the credit account issued to the Defendant pursuant to the credit agreement between the parties, and that the Defendant has defaulted under the agreement by failing to pay Plaintiff $2157.43;

4.That the demand for said outstanding balance has been made by the Plaintiff, and there is now due and owing $2157.43, according to the Affidavit of Account attached hereto as Exhibit "A" and incorporated herein by reference;

5.Notice of the Consumer's Right to Cure, as comtemplated under S.C. Code Section 37-5-110 and Section 37-5-111 was either sent to the Defendant or was not required.

WHEREFORE, the Plaintiff prays for Judgment against the Defendant in the amount of $2157.43, plus future interest on the judgement per annum at the legal rate permitted under S.C. law, and the costs of this action and such other relief as this Court may deem just and proper.

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Here is my answer to complaint so far:

1. In response to paragraph #1. I am without knowledge if the plaintiff is a foreign corporation or not;

2. In response to paragraph #2. I admit I am a resident of xxxx County, SC.

3. In response to paragraph #3. I deny this debt;

4. In response to paragraph #4. I deny the Affidavit of Account as proof of debt;

5. In response to paragraph #5. I have not received Notice of Right to Cure;

I would appreciate any suggestions!

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looks like the sheriff messed up, but that will not help you. Call teh court and get a copy of the summons and complaint. You may also get an additional copy in the mail.

You write out your answer, which will inlcude your admissions, denials and defenses, and send teh original to the court under the index number and a copy to MannBracken by cetified mail.

According to the FDCPA, you must be served in your county. You raise that as a defense, and consider the wring venue a violation by Mann Bracken.

Who is the plaintiff?

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