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PLEASE HELP! Mann Bracken

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Hi All!

Thank you so much for such and awesome website. I'm in a bind and need help. I have no idea what to do and I'm terrified.

1. Who is suing you? Mann Bracken/Midland Funding

2. For how much? $803

3. Who is the original creditor? Associates

4. How do you know you are being sued? I was told that my case would be sent to litigation within 7 days

5. How were you served? Were you served? I have not been served, but threatened to be served at work

6. What was your correspondence (if any) with the people suing you before you think you were being sued?

- 9/18 - agreed I'd had an debt with associates and was interested in resolving, but wasn't able to the present time. During that time I was berated and called dramatic for saying I was able to spare $100 a month. I asked for everything in writing

- 11/9 - called to say, I never received written correspondence regarding the account and requested that it be sent to me

7. Where do you live? I live in Pennsylvania, but the account was opened in MD

8. When is the last time you paid on this account? I was SO stupid! The account was opened in 4/01 and the last payment was made 4/06

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). It hasn't been filed yet.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No, it is an accurate debt that I haven't been able to pay.

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. No, apparently Mann Bracken is really sneaky and will arbitrate without my knowlege.

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? I have not recieved a debt yet.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits?

14. What is the SOL on the debt? To find out: 3 years

PLEASE HELP!!!! Thanks so much in advance for any assistance. Let me know if any more info is needed.

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Mann Bracken RARELY sues and for that amount it sounds like a bluff.. they ALWAYS say they are going to send it to court... DV them for starters.. they are trying to scare you.

OH and FYI in our area you can't be served at work at his to be at your place of residence.... so check that out as well.. if some collector told you this they are looking for a commission..

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If they are bluffing, that would be a violation, correct?

yeah but prove it.. LOL.. they can say certain things.. but they tend to be blow hards which is why you NEVER EVER talk to them by phone.. go to Budhibbs.com and read what he has to say on these guys,,. I too had a run in with them on a debt that was OUT Of SOL they said they would sue anyway and turn it in because they did this on old debts (I guess hoping for a default if I didnt show).. I asked for a letter.. never got one.. ONE well worded note from my lawyer and low and behold they went away... they love low hanging fruit and uneducated consumers or those they can scare the life out of

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A month from now they will likely still be telling you that a decision is about to made to send it to litigation. EVERY CA USES PENDING LEGAL ACTION TO SCARE YOU INTO PAYING ASAP! I have been threatened with legal action almost daily for over a year by many (too many) CA's and not one has done anything but threaten. I have one CA telling me at least twice a week that the account will be sent to the legal department to start a lawsuit if the account is not paid by 5PM the following day. The 5PM deadline threats have been going on for three months, and they still want me to take them seriously. It's the script. Your situation isn't unique. Everyone the CA calls is about to be sued if they don't pay.

Send the debt validation request.

How old is the debt?

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Thank you so much for everyone's help! I feel like i'm back in control...at least a bit.

AISLE4: The account was opened in 2001. It became delinquent in 2003, but I made a payment in 2006.

Does anyone know if the statute of limitations is based on the date of the last payment, even if it was made after the statute of limitations has run out already?[

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