member profile picture

Thanks for reading...

The CA is Mann Bracken, LLC. I was served a summons about a month and a half ago for a $2700 account. Within a week, I contacted Mann Bracken and "settled" for $2200. I agreed to a check-by-phone payment of $1,800 on that day and then another for $400 on Sept 30. I had them mail me a written confirmation of the settlement. I thought all was good until today. They sent me a "confession of judgement" form (with my county named, etc)- the form says that I've confessed, etc and agree to pay the 1800 and the 400. They're wanting me to sign this, get it notarized and mail it back to them.

Questions:
What is this?
Should I do it?
Even though I settled, will this report to my credit as a judgement?

As always, thank you for your advice.




I would be very leery of something that says CONFESSION. I have never heard of something like that. Have you asked them "why" it is worded as a confession?

Sub: #1 posted on Thu, 09/04/2008 - 11:07

Lorri Lorri
Moderators
(Posts: 1721 | Credits: 224.66)

I called them last night and they said that it's not a JUDGEMENT- but simply a way for them to file a judgement on me without going to court (to save money for them) IF I don't pay the remaining $400 at the end of the month- the guy said that since I've already setup a draft of the 400 for Sept 30, It will be marked as satisfied. He said a JUDGEMENT will not appear on my credit as long as I pay on Sept 30. I was reading the confession and it does have a contingency line about the $400 payment on Sept. 30. So I guess its me confessing to a judgement if I couldn't make the agreed upon final payment... thoughts?

Sub: #2 posted on Thu, 09/04/2008 - 18:54

Unregistered


FYI - check them out on budhibbs (dot) com website. Mann Bracken are JDB and are scum.

Sub: #3 posted on Thu, 09/04/2008 - 20:22

desperatelyseekingsanity desperatelyseekingsanity

(Posts: 1129 | Credits: 58.41)

Look up the FTC credit practices rule. Confession of Judgments are not legal on consumer debts.

(Unless this is something different than I think it is). But a confession of judgment is something you would usually sign when you first take on the debt, and basically waives your right to a trial.

Sub: #4 posted on Fri, 09/05/2008 - 00:00

DebtCruncher DebtCruncher
Moderators
(Posts: 2296 | Credits: 269.79)

do not sign it. instead reply back with a letter simply confirming the agreed payments and your understanding as to the fact that those payments will close the matter

Sub: #5 posted on Fri, 09/05/2008 - 00:05

jj jj
Moderators
(Posts: 1057 | Credits: 107.78)

Mann Bracken, LLC are one of the worst and most untrustworthy CA's today! Do not believe anything they say, they're more crooked than a dogs hind leg! :shock:

Sub: #6 posted on Fri, 09/05/2008 - 00:27

Shazzers Shazzers
Moderators Cum Industry Expert
(Posts: 17342 | Credits: 1592.83)

To be certain on this you may wish to seek legal council. Or you could contact your state attorney generals office and speak with a deputy attorney who will be able to answer any questions you may have regarding consumer law.

Sub: #7 posted on Fri, 09/05/2008 - 06:30

JCEMT JCEMT
Moderators
(Posts: 2934 | Credits: 192.01)

I have a confession of judgement against a person.?? There was no court case.?? He lives in another state.?? Do I record the confession in my state, then try to find out where he lives and record it again in that state?

Sub: #8 posted on Tue, 03/31/2009 - 23:01

Unregistered


I agree--do NOT sign that.?? The process goes something like this...
??
1--you pay the settlement amount they agreed upon.
2--they file the confession of judgment against you anyways, which results in the court granting the judgment against you.?? This then goes on your credit report(s) as a judgment.
3--they can then try to come after you for the remaining balance, plus any interest that has accrued over time.?? Most people dont know their rights, thats how they get away with things like this!?? Think about it--they settled the account, but then they will tack on the next few years' worth of interest and come after you for the full amount then.?? Its a scam and isnt legal, but you'd be surprised how many people dont fight back because they dont know their rights under the law!
There is another member here right now that is going through something similar.....she was sued.?? she paid the amount in full during the early stages of the lawsuit, and the CA promised her that they were going to withdraw their complaint.?? But they didnt--they pushed for summary judgment when she didnt show up for court.?? She was told that they were cancelling the whole thing, so they told her there was no need to go to court.?? Then, they blind-sided her.?? To this day, they still have not notified the court that it was paid off already.?? Because of advice that several of us gave her, she was able to get the judgment set aside, and is now pursuing FDCPA and FCRA violations against the debt collector.

Sub: #9 posted on Wed, 04/01/2009 - 06:30

skydivr7673 skydivr7673
Moderators Cum Industry Expert
(Posts: 2037 | Credits: 579.66)

This is not the big deal everyone is making it out to be. An Offer to Confess Judgment is simply a form that a defendant fills out. What is states in a nutshell is that even on your best day in court, you will not collect more than $XX.XX from me. After this is filed, any attorney fees and costs that occur from this day forward will be the responsibility of the Plaintiff if they prevail for any amount lower than the Offer to Confess.

Sub: #10 posted on Thu, 07/16/2009 - 21:50

Unregistered


Attachment
More information
  • Files must be less than 1.25 GB.
  • Allowed file types: txt pdf jpg jpeg png.
Post as a guest
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Post as a member

Share post

Page loaded in 5.555 seconds.