Mann Bracken & Arbitration

[DEBTX]

I have read this forum for weeks and was learning more and more.

Only yesterday did I find out who the MB was on our caller id,

I had know they were a collections agency but they state they

are an attorney's office.

I answered the phone finally to get their address to send a

cease and desist letter and they refused to give it to me

(credit card is in husband's name and even though I confirmed

info about him to verify I was his wife).

We owe Chase 4,500.00 and this MB has the acct. who is

an arbitration firm. DV would be easy for them as Chase just

wrote this off a few months ago.

We have not received any letters to sign for and the MB

collector calls daily.

Should I send one of those arbitration letters?

If it goes to judgment do they then proceed to send

requests of assets to collect from. In Tx. unless

law has changed our few assets are judgment proof

(ret. fund and equity in home). Bank acct is always

low.

What happens if we ignore the arbitration?

(this is my husbands plan).

C&D letter does not work with arbitration I bet,

but would it stop their endless relentless calls?

[Recovering Attorney]

http://www.mannbracken.com/contactUs.html

[Kanman]

I am in the same exact boat as you, same timeline, same situation.

I sent them a DV after receiving a letter from them threatening arbitration. I followed Bud Hibbs advice regarding Mann Bracken and inserted "please show me the original, signed contract illustrating the arbitration clause."

Three or four weeks later, I get a letter in the mail with an attached "basic account information form" which only shows the amount I owe Chase and date of last payment. The last form was a "detailed account information" form which again showed the total balance with "0" in the interest rate field, attorney fees, and all other fields. It was signed by a verifying agent of Chase Bank and Notarized with a signature.

To me, although the signatures are in different inks, they look like the same handwriting. Also the notary seal is photocopied, not an actual seal, but could be just part of the form (not sure if this is legal or valid.)

They want to talk, and again mention arbitration in their letter.

I can not afford a lawyer and have no idea how to fight arbitration. Some accounts I have read, they don't even notify you, it just happens. Others, challenge it with a Denial letter.

Anyone have any suggestions?

[CarolinaBlueEyes]

you do not EVER ignore arbitration..... its a slam dunk if you do.. a C&D is useless if they go to arb.. do a search here regarding NAF and ARb you will see all kinds of info

[Kanman]

I am not ignoring it. I just do not know how to respond to this atm. I am researching the "arb" and "naf" information here, so hopefully it will yield something I can use, although so far it does not look very promising.

[CarolinaBlueEyes]

its not.. they are like no other entity on earth... there are a few things.. were you served out of the SOL? (rule 10 I believe) the document they served you with.. was it over 90 days old (rule 41B)...

But the sad cold truth regarding NAF is you can be in the right.. and they still have a tendancy to rule for the creditor.. you can refuse but thats pretty much useless and I am told unless there is a hearing they will rule against you (which costs around 250.00) I know I am not helping and it comes accross as bleak which is why so many people hate them

call NACA lawyer.. that in my opinion maybe your only recourse for hope

and you are notified.. you get the papers of arb. you have 30 days to respond.. once the other side gives them proof of service (your signature on the documents which is why I tell people DONT sign for stuff).. then you get a second notice of arb which gives you 14 days to respond.. if you dont they rule against you.. if you do.. they rule against you most of the time and if you refuse they consider that a response but I have YET to see one person who sent that letter and NAF went OH we are so sorry.. no ARB for you... doesnt work that way....

and my comment about ignoring it was not directed at you kanman. it was directed at debttx since this is her post

[unusualsuspect]

In your original post, you stated that you are judgment proof except for some home equity.

I'd file a Homestead Exemption NOW. This will preclude your creditors from attaching your home equity.

In CA, you are able to protect up to $75k if single and $125k if married. I'd imagine that TX has similar exempt amounts.

[CarolinaBlueEyes]

I believe texas is one of the few states that has a 100% homestead exemption.. the home should be fine, but there is no point in filing anything until the award is delivered by naf and they try to turn it into a judgement which could take over a year for the entire process.. I mean it doesnt make sense to file an exemption if you dont know who you are exempt from since she has yet to be formally sued

[DEBTX]

Thanks for the replies.

My computer was out of commission for a few

days and I could not log on here.

The answers are about what I thought the

situation entails: they have all the rights it seems.

A DV is useless as it appears Chase does hand over

good documents and TX is one state that caters

more to the CA in an arb dispute.

We know we owe this anyway just do not have

the money. My husband is still in the ignore them

type of response. They call daily. We still have

not been given anything to sign.

If home equity is attachable, we would have to

sell for them to obtain it (so a lien would be

attached - but I have not heard of this happening

here in TX, mainly people get the tax liens or

contractor lien).

It appears to be useless and bleak to fight them,

we owe them 4,500.00 and they will attach the

court/arb costs which might be $250.00 or more.

Chase had offered us a hardship plan (after we

were late and paid and paid at 29% with late

fees applied - we owed more 'working with them'

after we dropped out of CCS, this debt would

have been SOL by now, but my husband talked

to them and restarted payments (he did this

with another card too). Hardship plan was

for only 6 months though, then they got to

re negotiate it.

If a C & D does not stop arb. will it stop the

phone calls?

[unusualsuspect]

A C&D may stop the calls, however they will more likely than not turn the heat up on you (accelerate Arb or even sue). They can ignore the C&D but it gives you grounds to go on the attack.

They cannot force you to sell the house for a debt-- that's what the homestead law precludes. But in some states the declaration has to be filed BEFORE legal action and to actually be recognized too.

Worse case- they record a judgment against your house. As long as you don't sell or refinance, then they won't get paid.