Mann Bracken phone calls

[ZT1971]

I have received a phone call from a John at Mann Bracken law firm, but did not return the call. I've read on this forum that quite a few people have had problems with this law firm and I'm not sure how I should handle this situation.

I had a Chase credit card for many years and paid on it regularly and on time. In the summer of 2006, I had a death in the family and was unable to make my minimum payments. I contacted Chase, but they refused to make any payment arrangements and turned my account over to a collection agency. The collection agency wanted payment in full, which I was unable to do. Due to fees and interest, the account has now ballooned to over $20,000! Chase wrote off the amount due and I never heard from anyone again.

In July of 2008, I bought a used car after my ten year old car broke down. Soon after that, I started to receive phone calls from a debt collection agency. I'm assuming that they got my information from the credit application that I completed. I didn't answer any of the original calls because I didn't recognize the telephone number. The calls were made anywhere from 6 am to 1030 pm. The same telephone number has now started to call my parent's house even though I have not lived with them in more than 20 years!

Then, about a week ago, a stranger rang my doorbell at 1045 at night and woke me from my sleep. I didn't recognize the man, so I did not answer it. He incessantly rang my doorbell for 15 minutes and shone a flashlight in my windows. I should have called the cops. I neighbor said the license plate had the letters LAW in it. After last night's phone call from Mann Bracken, I wonder if I was being served.

I was laid off from my job of 5 years at Christmas and currently have no income. I'm new to this debt collection situation and am not sure how to proceed. I'm glad that I found this forum and hope someone can give me some advice on what legal action can happen and how I should handle it. Thank you.

[Robert Nashville/Savannah]

First of all, welcome to the forum.

I realize how easy it is to feel overwhelmed by debt and to try and ignore things but ultimately; that is almost always the wrong thing to do.

Yes; I'd say for $20K you are probably getting sued. However, if you currently have no income and no assets, there really isn't much they can actually do to you.

You need to let them "reach" you (they'll stop calling your parents then) and deal with whatever comes.

Now, I wouldn't open my door to a stranger at 10:45Pm either and if I did I'd be armed but you can try contacting the CA/Law Firm and "arranging" a time and place for the service where that isn't an issue.

Once that part of it is "over" you can decide what to do next.

Bottom line is, you need to take back control of the situation...learn your rights and then enforce them...you don't have to let ANYBODY roll over you.

[bubbaboo]

If you are being sued, there should be a file at your local courthouse at the clerks office. See if your county has an online list of cases pending. If so, check for your name. If not, go to the courthouse and ask if there is a file for you. If yes, then go through it and see what it says.

At least you will find out what is going on. It is possible that they filed in another county, so if you have lived elsewhere, you may need to check more than one county.

MB is funny. I have had numerous debts with them and they always go away when I send them a DV. Eventually they sell the debt to someone else. But they so sue a lot and they do a lot of arbitration. Last year they merged with the Eskanos & Adler law firm in the Oakland area so they have a big presence in California now.

[ALVA]

They are calling your parents home trying to locate you. They will even call your neighbors, ex-employers, or other family members if they can't speak to you. You need to either contact them, or pick up the phone and verify your contact information so they will stop contacting third parties.

My state allows acceptance of service at the courthouse. You can call the clerk and ask about that.

[docniss]

I have had my own experience with Mann Bracken and I have helped a friend with her encounter with them. Both were taken to arbitration. The arbitration case against me in the NAF was filed and then dismissed at the request of Mann Bracken without my even knowing of its existence. That of course caused no stress with me.

My friends case was a bit different, it went all the way through the process, maybe because she knew it was happening so she responded, Answered etc. IT took about 6 months of back and forth stuff, she responded to a filing by Mann Bracken and about 5 days after she mailed that document, she received a letter stating she lost the arbitration and Mann Bracken was awarded something like 4k more than her original debt. So right now we are waiting to see if they try to file for a judgment in US District court.

I think the recommendation of DV'ing them is your first step, you may never hear from them again. My DV letter has the c & d statement so that they have to contact me in writing only. I also have a couple of nice paragraphs about them needing to provide proof that they are licensed attorney's in my state and that their business is registered to do business in my state and I request they provide me proof of that with the verification. I usually do not hear from the CA and JDB after that until some other CA or JDB picks up the debt and we start over again. It is kinda cool when you are getting tons of phone calls for collections then within a few days of sending this letter the phone goes silent.