Check out some similar questions!

Nancee821 · Mar 16, 2009, 10:46 AM

I live in California and this credit card debt is $1300. I have not worked in over a year and will be unable to for the next few months (recovering from surgery in January). Is there any way I can handle this without appearing in court within the next 30 days? Do you think there's any way I can negotiate with Mann Bracken LLP. The original debt was with Capital One.

George_1950 · Mar 16, 2009, 11:04 AM

Welcome to AMHD. Are you in a court of general jurisdiction or small claims? If you are up to it, file an answer denying the debt without further information, and the defenses falling under the Fair Debt Collection Practices Act. Use discovery to make the plaintiff prove its case, and enter a consent judgement at the appropriate time. This should buy some time and allow you to get the best terms available under a consent judgement, in which you admit the debt and get monthly installments to pay.

Nancee821 · Mar 17, 2009, 01:22 PM

Originally Posted by George_1950

Welcome to AMHD. Are you in a court of general jurisdiction or small claims? If you are up to it, file an answer denying the debt without further information, and the the defenses falling under the Fair Debt Collection Practices Act. Use discovery to make the plaintiff prove its case, and enter a consent judgement at the appropriate time. This should buy some time and allow you to get the best terms available under a consent judgement, in which you admit the debt and get monthly installments to pay.

Hi George - thanks for the answer, but it's a bit technical for a non-lawyer like me. This is NOT small claims court, the summons says Superior Court. I finally found what looks like the appropriate form to respond that I need more information about the debt. But what does "use discovery to make the plaintiff prove its case, and enter a consent judgement at the appropriate time" mean?

Also - I have continued to research Mann Bracken and am now terrified. These guys sound like the mafia. I feel like I have no hope. I'd like to call them and ask for more info on the bill and also feel them out on some sort of settlement. But from what I've read, they're pretty non-negotiable. What do you think? Nancee821

George_1950 · Mar 17, 2009, 03:16 PM

Originally Posted by Nancee821

...Also - I have continued to research Mann Bracken and am now terrified. These guys sound like the mafia. I feel like I have no hope. I'd like to call them and ask for more info on the bill and also feel them out on some sort of settlement. But from what I've read, they're pretty non-negotiable. What do you think? Nancee821

I wouldn't call them; do everything in writing. Re-read your summons (I haven't seen it). It should tell you by what date to file an answer; that is the first step. Generally, in the 'answer', you want to deny liability without further proof as to the owner of the account and the charges for which you have been sued.