I just received a summons, (at 6:00 AM), stating that a credit card is seeking a judgement against me. The card was originally a Chase Manhattan Bank. However, the debt was sold to a debt-collection company - Mann-Bracken, LLC.

Originally, I heard these guys were bad news and I was advised, (perhaps wrongly), to avoid them. Well, I did for some time but I never sent any validation letter or anything like that. Now, I think it's coming back to bite me.

But I have an issue regarding this summons - the plaintiff is listed as "Chase Manhattan". I thought that the debt was legally transferred to Mann Bracken. My understanding, though crude, is that Chase took their hand out of these dealings when they sold the debt to a collection agency.

Is that right? If so, since I have 30 days to write the courts, should I state that Chase is an invalid Plaintiff?

Sorry if I left something out. I'm a bit overwhelmed with all this. The debt is about 3 years old or so and I have tried really, really hard since that time to start anew. I settled all of my debts but this one because it was sold to a 3rd party - or so I thought.

Thanks!

mr.yet

File your notice to defend, File motion for discovery, of the original contract, ask for copy of what they purchased the debt for showing the amount of it.

The original contract is very important, without the original contract there should be no case.

Just some suggestions to follow.

FootballGuy

Hey Mr.Yet, thanks for the suggestions!

A couple of questions though:

1) When you say ask for the original contract, is that something I should include in the letter responding to the summons or is that something I should direct to the debtors?

2) If this is something I should direct to the debtors, do I write to Chase or Mann Bracken, LLC?

3) Lastly, what contract am I asking for - the original one between me and Chase or the one between Chase & Mann Bracken?

Thanks again for your help!

mr.yet

THis should be in your Motion for Discovery, since you have to go to court. Directed to whom has filed the suit.

Original contract you signed from the beginning, if they purchased the debt , they most likely dont have it.

Check on the rule of the court in your state. It should be online.

ScottGem

You are asking for the original contract that YOU signed agreeing to make payments on any purchases made with the card. You direct the request to the agency suing you.

Some other points. While I have also heard horror stories about Mann-Bracken, you were advised wrongly to ignore them. Apparently you did apply for and receive a Chase credit card which you used and defaulted on. it didn't matter whether the debt was transferred, sold or whatever. So you owe the money you defaulted on plus interest. Ignoring a creditor is probably the WORST thing you can do.

Now, how do you know that they purchased the debt? The may simply be acting as an authorized collection agent for Chase. They may be doing so on a percentage basis (they keep x% of what they recover). Which makes sense then that Chase is listed as the plaintiff.

The thing is, that often, these collectors are not provided with sufficient documentation. Therefore you want them to provide you with a copy of the original credit agreement (the contract), and a record of purchases and payments and interest accrued. if they can't prove the debt then you are off the hook. If they casn, then you need to work out a payment plan with them.

FootballGuy

I think I'm following so far. But in regards to my Motion For Discovery, the document I received states the following:

Quote:

You are hereby summon to file a written response by pleading or motion, within 30 days after service of this summons upon you, in this court, to the attached Complain filed by:

And then it goes on to give Chase's information/address. Also, further down the page, it says:
Also, regarding this summons, the "Date Issued" is 10/19/06. 30 days has passed since the date issued.


Lastly, when I first received a correspondence from Mann Bracken, I called them and said that the debt was with Chase and they are simply a 3rd party. He said that I had to pay them and that "Chase will tell you the same thing."

From what I'm understanding, kind of based on what you have suggested and the summons, I need to file a written response motioning for the discovery of the original contract I signed from Chase. Then play the waiting game....

Does this sound correct? Again, thanks for all the help so far!

ScottGem

The Date issued is not the clock start, its the date you were served. Contact the court or get a lawyer who can tell you exactly what you need to do to respond. But do not wait, act immediately.

What MB told you is like what I said, they are a 3rd party acting on behalf of Chase. And yes that's what you need to do now.

FootballGuy

mr.yet

Football guy, I am in Maryland, Cecil county, was the summons from district court of circuit court?

I will send you tonight the Maryland rules for procedure.

FootballGuy