I'm being sued by Mann Bracken, LLC for credit card debt. I was served a summons 2 weeks ago. I called and accepted a settlement offer that is to be paid by Sept. 30th. If I still file an answer to the summons (accord and satisfaction) can I stop the judgement?

MJRE

I'm being sued by Mann Bracken, a debt collector for a credit card company. I was served a summons but there is no court date on it. I called the law firm, Mann Bracken and agreed to a settlement amount.

I was sent a letter by them stating that they will "ask the court to enter judgment against me, but stay in the execution of the judgement."

My question is, should I still file an answer to the summons stating that an agreement has been made? Will that help me avoid a default judgement or a judgement in general?

N0help4u

I have heard they will claim there is a court date just to scare you. As long as there is no court date on the paper it is most likely an attempt to pressure you.
If you have a phone number for them look it up on here to see what problems others are having with them.

http://800notes.com/

ScottGem

A court date is only set AFTER you answer the summons with your Intent to Defend. If you do not answer the summons, then they go to the court and ask for a default judgment. As long as the summons was issued by a court, its valid. You can check with the court to see the status.

What that letter is saying to you, is that they want the security of having the judgment so, if you default on the settlement agreement, they don't have to go back to court.
They can use the judgment to garnish your salary or attach your bank accounts.

I'm not sure if there is anything you can do about this, though. You can go back to them and tell them, that you negotiated a settlement to avoid having a judgment on your record and if they go ahead with the judgment you are withdrawing your settlement offer. However, since you have acknowledged the debt by offering the settlement, if you do fight it, you will probably lose anyway.

MJRE

Thank you Scott. Your answer was helpful, but it leads me to another question. If I pay the settlement amount before the end of the 30 days I have to respond, can I then somehow get the case dismissed and not have a judgement on my record?

this8384

Get a written settlement offer from Mann Bracken. Do not send them any money without written documentation.

Once you have the written offer, file to have the case dismissed or at least postponed until you receive confirmation of payment in full.

Just so you are aware, if you accept a settlement offer for less than the original amount, Mann Bracken is able to "write-off" whatever money they did not collect and you will have to claim that money as income on your taxes.

ScottGem

First, you pay NOTHING without a written agreement that they will accept the amount of the settlement as full payment towards satisfaction of the debt.

The agreement should also state that upon receipt of this settlement, they will dismiss any and all pending legal action.

This is assuming you are paying a lump sum. If you are paying according to a payment plan, then they may still insist on getting the judgment.

As soon as you get the written settlement agreement you send a copy to the court asking for dismissal of the suit.

ScottGem

I merged your two threads, please don't post the same question in different forums.

ddcatwoman

I have gotten the same thing from the same company and in short you're stuck. They made a verbal agreement with me that I could make monthly payment and pay the balance off when I got my income tax. They are taking me to court anyway for a judgement. my date is 11/2. When I called all the people I spoke with no longer work there and they claim they never said they'd not take me to court if I made payments. Even though they are taking it directly from my checking account they told me that I could close my bank account and stop paying them (had the same account for 3 years) This company has screwed me around for years with this debt. Always telling me they would not except payments I had to pay the whole amount.
I am getting a lawyer because I think what they are doing is wrong. I told them this, they said oh you'll just get yourself farther in debt. I have half a mind to contact the other people on the list with me and see if they had been treated the same way.
my advice, get a lawyer and let them help you, don't deal with these people alone.

ddcatwoman

Would like to add, that I went today for this and that they didn't show up, in fact most of the people there had no one show up so the cases were dismissed. I am glad I went and glad for now that it's over.