[epagaduan]

I received a collection letter from Mann Bracken back in April 2009. They were trying to collect a debt I owed to HSBC. On April 22, I sent them a certified mail to validate my debt. Instead, On May 23rd, I received from them an notice of intent to sue. They did not properly validate my debt. So on April 26th, I sent them another certified letter stating they did not validate my debt and they cannot continue to collect unless the debt is validated. On May 27th, a sheriff delivered a summons to my home. Can they do this even if they haven't validated my debt?

[mr.yet]

Yes, they will, since they don't follow the rules, file a complaint with the FTC and File Notice of Intent to Defend in the court.

[ScottGem]

I think you are mixing up the process here. There is nothing preventing them from filing suit if you don't pay the debt. However, they can't win the suit until they validate the debt.

So now what you do, is answer the summons with your Intent to Defend. Then send them a copy of the letter with a request for verification of the debt. Don't be surprised if they still don't respond. But if they don't provide proof in court you ask for a dismissal.

[silverstein]

And don't forget to send a complain to the Attorney General of their state for their practice of not validating debts properly.

[surgtech09]

I have benn trying to contact Mann Bracken is it true that they filed bankruptcy?