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I received a summons regarding a collection acct with Mann Bracken (Target National Bank was the original acct). I spoke with someone at Mann Bracken May 31, 2006 and they said they needed a payment in full within the week or they would take legal action. I tried to scrape the money together, but at the time I was a college student who waited tables. I believe I talked with them 1 more time after this, but I have had no contact for the past few months. Now I have to go to court in January regarding this, and I am unsure what I should do. I have received no type of letter saying they were trying to collect this debt, EVER. I am just confused because I was sure I would receive something. I knew the company collecting, but I don't know who I was suppose to talk to or what my case # was. I called Target NB in March and they said my account was with Mann Bracken now, wouldn't provide me a phone #, and said they would contact me shortly...

I owe approximately $2400 (not including any court fees or attorney's fees)
I assume I need to answer the summons and possibly ask for the Debt to be VALIDATED??
Should I try to negotiate (I'm not sure how successful I would be) this debt? I am able to pay anywhere from $1000 to $2000, but what should I ask for? I was never given a Charge off Amount. Only the full amount with interest.
Should I ask that this be deleted from my credit report (as of August 2006, there was not a collection on my credit report... just a charge off from Target NB)??
Also... Am I to pay Mann Bracken or Target NB?? I don't want to get stuck paying twice.

Thanks for any insight you all have. I am so upset over this. I know it was my mistake for letting it get so far behind, but I am truly getting things straightened out and I just want to put this past me as quick and easy as possible.




Your efforts to pay the debt will matter. If you end up going to the court, show your presence there. Don't avoid the court date otherwise the judge won't understand anything about your case and will rule a default judgment against you. So, if a court date is set, make sure you are there.

It seems Mann Bracken has your debt from Target? If the account is not sold, you have options to send the payments directly to the creditor. You won't need to deal with the law office in that case. Let your creditor know about the payments so that they pull your file from the CA. If the account is sold, you need to deal with the CA only. They are the ones to collect payments on your account.

You can do payment arrangements outside the court. Go to your county clerk and confirm the plaintiff. You need to know the actual party who filed the case. Then, you will know with whom the arrangements are to be done. If they accept your proposal, the court case can be withdrawn. Get the notice in writing from the party as well as from the court.

If you have to deal with the CA, get the debt validation done. You should know for sure that the law office is entitled for this collection and they should be posting your payments to your file. Besides, you should also get copies of the contract signed with the original creditor. Review the loan principal and interest calculations. If there is anything to dispute on a particular item, do it in writing. You should be able to prove everything in the court so that judge gets your part of responsibilities.

Don't feel worried. Everything will be alright. Post any confusion you have. We will show you the way and find answers to your problems. Ultimately, keep in mind. It's a debt and it needs to be paid back. There won't be any troubles when you are showing responsibility.

Sub: #1 posted on Fri, 12/01/2006 - 00:36

GunsNroses GunsNroses

(Posts: 484 | Credits: 80.16)

First I'd like to thank you, GunsNRoses for your help. I received my summons and I'm being sued by Target National Bank. I called Mann Bracken, LLC and she said they'd accept $1970.00 for this debt. I agreed (after all, it IS my debt) and proceeded to ask her questions about how to pay, etc.

I have to make the Cashier's Check out to MANN BRACKEN, LLC, and send it to the address on the summons with the account # in the memo line. Okay, I can do that. I need to send a SASE to get a return receipt (reasonable).
The next things we discussed have me worried... I do NOT need to show up to court on my court date. Although the case will not be "withdrawn," she said, "There are many other cases on the docket that day, and when your case comes up they will say you have already satisfied this debt and it will be dismissed." IS THIS TRUE? I spoke with the court clerk and she said yes, this CAN happen, but they could also send a letter stating they would like the case withdrawn. She made it clear I DID NOT have to show up for court, though. I feel like it's a scam, but the court clerk said, "Just call at the end of the day of when your court case was and see what happened. If the judgment was defaulted to MB, LLC, you will have all your paperwork and you will be 1 day ahead of them."

Any insight???? Also, she said since I am paying a lump sum there will not be a collection on my credit bureau, only the bad report from Target. She said "TARGET is responsible for removing anything from your credit report."

My questions:
Should I make the check out to Mann Bracken ONLY, or to both Mann Bracken and Target National Bank?
Should I show up for court anyway?
What should I send them (letter-wise) when I send in payment?

Any help would be GREATLY appreciated!!!

Sub: #2 posted on Wed, 12/06/2006 - 01:58

Unregistered


I am not sure about the court thing. But if you do send them the cashier's check, go make yourself a copy of it and all of the documents that you send with it..

Sub: #3 posted on Wed, 12/06/2006 - 02:01

Unregistered


Yes, I plan on making a copy of EVERYTHING I'm sending, cover letter, cashier's check, SASE, etc. I'm going to send it certified mail with signature confirmation so I know they'll get it. Any one with any advice what to put in the cover letter? It has to cover something like, "Mutually agreed upon $1970.00 to satisfy debt..." blah blah blah. I don't really know what to put...

Sub: #4 posted on Wed, 12/06/2006 - 08:29

Unregistered


HI Upset in TN, I just caught this thread. What county are you here in TN, I am in Sumner County (north of Nashville). When is your court date? I had a summons to appear in court also and sent the lawyer my payment to clear the debt up but I also demanded a letter from the atty stating I did not have to appear in court. Also depending on if you really want o pay it all up front you could appear in court and then file a slow pay motion with general sessions stating what you can pay, it's up to you. Good luck and keep posting

Sub: #5 posted on Wed, 12/06/2006 - 08:47

PDLFREE PDLFREE

(Posts: 1245 | Credits: 203.31)

Hey, Ashley2006. I'm actually from Rutherford Co. but I'm now living in Washington Co. (East TN). My court date's January 3rd, so I have "some" time to figure things out. Should I call the atty and ask for a statement or request it in writing? I don't care to pay it, I have the $$$, but I'm afraid if I don't go to court they'll say I failed to appear and default the judgment to MB, LLC. I just want this to be over, you know??

Sub: #6 posted on Wed, 12/06/2006 - 08:55

Unregistered


Well you do have time, what I would do is if you want to settle this go ahead and send them the money order/check certified mail and request that they confirm receipt of your monies plus also a confirmation statement saying you will NOT have to appear in court. Go ahead and do this, this week because of the holidays coming up. Also document everything so that if their is some mix up you will have the evidence you need to state you paid this before the court date. Also call this company next week like Thursday, confirm that they received everything and document who you spoke with. Bug the crap out of them

Sub: #7 posted on Wed, 12/06/2006 - 09:00

PDLFREE PDLFREE

(Posts: 1245 | Credits: 203.31)

Thanks!! I'm going to send it out tomorrow or Thursday. I'll definitely document everything and be sure to get in writing that I do not have to appear in court. I appreciate all your help and I'll keep ya updated!

Sub: #8 posted on Wed, 12/06/2006 - 09:14

Unregistered


BTW how in the heck did you end up in Johnson City area from Rutherford county? Just curious

Sub: #9 posted on Wed, 12/06/2006 - 09:19

PDLFREE PDLFREE

(Posts: 1245 | Credits: 203.31)

Upset in TN. I'm also from Tennessee and have dealt with this. The debt was paid before court. I demanded a letter of paid in full, and the credit report marked paid in full. Which they did not do and I have recently disputed it. Also, I called the court clerk to make sure what was going on. Make sure you get a letter stating that they have received payment and that you will not need to appear in court. Then I would send a copy to the court. I took mine in personally and handed it to the court clerk.

Sub: #10 posted on Wed, 12/06/2006 - 09:20

Not so Lucky Not so Lucky

(Posts: 3042 | Credits: 534.6)

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