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bgrateful · Jan 27, 2007, 02:58 PM

He does have a debt with chase bank and we have been unable to pay. We did a debt relief program, which supposedly was paying off our debts, but that's a whole long story that did not pan out. We are now out of that program and repaying debts on our own. In the meantime, we did get an arbitration letter a while back from mann-bracken, and our debt relief program took care of sending a letter back stating that we did not want the arbitration. Well somehow it went through and we did receive paperwork saying the arbitration was done and that they found us liable. Then today the sheriff actually drove up to our home and gave a letter that my husband is being sued by mann-bracken and now he has to appear in court. Not sure what to do? I have seen some horror stories with mann-bracken that they take your payment and then do not put it towards your account. Now that he has been sued, is there any way to not go to court? We live in a small town and this means my husband's name would show up in the newspaper. Will someone actually show up from mann-bracken to the court house? And what is this I hear about them needing an actual signature of the original contract between chase bank and my husband? Does this mean our debt was charged off with chase? And why is it even more money now that they state we owe. Original debt was around $6000, now they are saying we owe almost $9000 - thanks for any help you can give.

ScottGem · Jan 27, 2007, 03:05 PM

They are trying to get a judgement against you so they can attach his salary or other assets. To do so they have to prove they own the debt and that the debt exists. To do that they need a copy of the original contract with your husband's signature.

So file a Notice to Defend with the court and then tell M-B to produce documentation. See other threads here for similar instructions.

RubyPitbull · Jan 27, 2007, 03:06 PM

I hate to be blunt but there is no other way around this. Considering the dire circumstances of your situation, this really isn't a good place for you to be looking for answers. I know you have money issues but you need to find a lawyer who can review the paperwork you have and tell you what your options are. They usually don't charge for an initial consultation. They will be able to put you in contact with a Legal Aid lawyer in your area.

Good luck.

RubyPitbull · Jan 27, 2007, 03:09 PM

Sorry again ScottGem. We were pretty much answering at the same time.

"Bgrateful", ScottGem always dispenses good advice. If you are comfortable with handling your own paperwork within the framework of the court system, then who am I to tell you what to do?

Good luck!

bgrateful · Jan 27, 2007, 03:15 PM

Thank you both for such quick replies - I just can't imagine though, that going to court and asking to see an original signature would actually stop the case cold. Again, we were ripped off by the debt company that we thought was paying our bills, and basically they took most of our payments for themselves, about $5000 in "fees" . So financially we are in a tight spot right now.

ScottGem · Jan 27, 2007, 05:20 PM

Originally Posted by bgrateful

thank you both for such quick replies - i just can't imagine though, that going to court and asking to see an original signature would actually stop the case cold. again, we were ripped off by the debt company that we thought was paying our bills, and basically they took most of our payments for themselves, about $5000 in "fees" . so financially we are in a tight spot right now.

Actually it very well could. To obtain a judgement against you they have to prove that you incurred the debt. Much of the time, companies like M-B buy up written off debt for pennies on the dollar. Often they do not get the full documentation. They rely on unwary debtors who don't know the system. They try to get default judgements by going to court without the debtor. Often, if you know enough to fight back you'll win.