[amplector]

I was threatened arbitration by Wolpoff & Abramson (now Mann Bracken)and told that a judgement had been made against me for my MBNA account. I was never served a summons or received any court documents with a specific date. I don't know if I was being lied to, but I gave in and started paying for about a year. I can't make the payments anymore. I live in Texas where wages are exempt from garnishment. They are calling and I feel it won't be long before I get some more threatening mail. Is there any hope now or should I just try to pay what I can? What should/can I do?

[Fr_Chuck]

Well of course you needed to find out what was the truth before you started paying, guess what collection people lie.

If you can't pay, you can't pay, we can't just print up our own money.
So you pay your place to live, your power bills first and then pay who you can.

So you get a bunch of threatening letters.?

[JudyKayTee]

I was threatened arbitration by Wolpoff & Abramson (now Mann Bracken)and told that a judgement had been made against me for my MBNA account. I was never served a summons or received any court documents with a specific date. I don't know if I was being lied to, but I gave in and started paying for about a year. I can't make the payments anymore. I live in Texas where wages are exempt from garnishment. They are calling and I feel it won't be long before I get some more threatening mail. Is there any hope now or should I just try to pay what I can? What should/can I do?

Do you owe the debt? If it was out of Statute you have extended the Statute by making payments.

They will probably proceed to Judgment. If you didn't pay according to you initial agreement and then didn't pay after agreeing to make payments they won't give you another chance. Once they get a Judgment, of course, then they have to try to collect it.

There is always the possibility they will settle for a smaller lump sum but I don't know if you are in a position to offer that.

[amplector]

No, I wasn't out of SOL. What I was looking for here was a course of action. I'm thinking I should contact the original creditor and see if there has been an official judgement. I don't know if I should send anything to Mann Bracken such as validation request, cease & desist letter, etc..

[JudyKayTee]

No, I wasn't out of SOL. What I was looking for here was a course of action. I'm thinking I should contact the original creditor and see if there has been an official judgement. I don't know if I should send anything to Mann Bracken such as validation request, cease & desist letter, etc..

If you have not been served there can be no Judgment - the next time they call, ask for a copy. Legally you be served with papers beginning the action (Summons/Complaint) and a copy of the Judgment.

Once MB takes over the original creditor will not talk to you - original creditor no longer has the file.

You could also check with the local Court Clerk.