[bigcowboy1]

If they win the judgement, they can garnish your wages. You need a laywer.

[FootballGuy]

If they win the judgement, they can garnish your wages. You need a laywer.

Technically, they won the judgment and can start the garnishment process. I think it's expensive process so that's probably why they offered to settle.

I'm just curious how I can force a trial or if I can fight for the notice to vacate the judgment. :confused: As for a lawyer, I've been thinking that since after the first response. Unfortunately, I can't seem to find someone in my area that specializes in this. Most of the lawyers I've found are busy with class-action stuff and injury/malpractice cases.

I think for the time being, I'd really like to push to get a trial and hopefully vacate the judgment. If I could somehow get a trial, I honestly think I'd be fine. However, if the judges denies my motion to vacate judgment, then I think I'd need to either price a lawyer for some sort of appeal since these guys won't have any original contract work.

Thoughts on what I can do to try to get a trial in response to their latest intimidation letter?

[ScottGem]

Have you spoken to the court?

[FootballGuy]

Have you spoken to the court?

That's what I'd like to do! Unfortunately, my work area isn't exactly private. Maybe if I could get away at lunch time, I could call.

I did try that option today at lunch but I was on hold forever. Probably no coincidence that I'd be on hold when they're more than likely at lunch as well... :(

[bigcowboy1]

Did Mann Bracken win an arbitration against you? My dealing with Chase/Mann-Bracken resulted in arbitration as this is what you sign when you get the card. I challenged the arbitration and they sent me a envelope of everything I had ever charged with that Chase card, so they did have it. I have a feeling they have yours too. They won the arbitration award and within 6 months, it was with a different law firm, but for the same arbitration award, (I think they just took over the suit as I had moved to another state). That's when I finally decided to file the bankruptcy as I can't pay it and don't want them to garnish the wages. You can go to court, but if you owe the debt, and they have the papers, you will pay not only the charges, but the laywers fees and the court costs. My advice is if you owe the debt, and you can pay, do so but try to get it reduced if you still can. This company is serious. They sue. They win.

[FootballGuy]

Did Mann Bracken win an arbitration against you? My dealing with Chase/Mann-Bracken resulted in arbitration as this is what you sign when you get the card. I challenged the arbitration and they sent me a envelope of everything I had ever charged with that Chase card, so they did have it. I have a feeling they have yours too. They won the arbitration award and within 6 months, it was with a different law firm, but for the same arbitration award, (I think they just took over the suit as I had moved to another state). That's when I finally decided to file the bankruptcy as I can't pay it and don't want them to garnish the wages. You can go to court, but if you owe the debt, and they have the papers, you will pay not only the charges, but the laywers fees and the court costs. My advice is if you owe the debt, and you can pay, do so but try to get it reduced if you still can. This company is serious. They sue. They win.

I think you might be right bigcowboy1. :(

Let me ask this, if I were to talk settlement, what would be a good price? I think the award is approximately $2500.00. In all honesty, I really did have a Chase card with a balance of $600. I sincerely have no idea where all the rest came from as I stopped receiving paper statements, (automatically enrolled in e-statements). Then, I went from writing a check for a minimum payment, (not ideal I know), to receiving delinquincy letters.

I never did receive a breakdown and when I logged on, my session was "unavailable". I'm pretty sure that's because I owed them for 2 months past due.

Any ideas on an offer? They offered me approximately $1800 as a lump sum.

[FootballGuy]

Just thinking more about this...

I still want to force MB to present an itemized breakdown as well as the original contract. I would like to get that first before I decide whether I'll go to court to fight. The burden of proof should still be on them.

As for your case bigcowboy, it might be different considering the amount involved. It's at least worth a shot.

Also, IF they could present all the information, should I go straight to Chase for a settlement? Perhaps they wouldn't be as prudent about the court costs. Besides, according to the court documents, MB are attorneys for the debt - they never bought it.

Thoughts?


Thanks!

[FootballGuy]

Sorry to bump this, but since it's been just over a week since I received that rebuttal copy from MB, should I file a Motion of Discovery or something for the original contract or should I send something in to support my motion to vacate or should I just wait for the court to decide?

Thanks

[ScottGem]

Without seeing what the rebuttal said, we can't be sure. What you need to do is find out whether a hearing is being scheduled and what you need to do to get one scheduled.

[FootballGuy]

Not good news.

I took off work today to try to handle this mess. However, Saturday I received a letter from the court DENYING the motion to vacate judgement.

At this point, would it be worth it to just go to Chase - not MB - and try to work a settlement?

I really, really don't want to give a penny to MB and since they didn't buy the debt I don't see a problem with this.

Does this sound like a good path? If not, I'd have to pay a lawyer to appeal this and then go through all that stuff. The way I'm looking at this - which might be wrong - I can pay to Chase what I'd probably pay in legal fees.

When MB originally wrote after they first won, they offered me a payment plan of $85 per month or a lump sum of approximately $1800. I wonder how much Chase would've received out of that lump sum... :confused:

[ScottGem]

What grounds did it give for denying your motion.

I doubt if Chase will negotiate with you since they probably sold the debt.

[mr.yet]

If no reason was given for the denial, just denied. File Motion for Specific Answer for Denial. They must use the rule of law for that denial. The judge must comply or he is denying you due process of the law. Maryland judge lately like to take short cuts. Demand an answer.

[FootballGuy]

If no reason was given for the denial, just denied. File Motion for Specific Answer for Denial. They must use the rule of law for that denial. The judge must comply or he is denying you due process of the law. Maryland judge lately like to take short cuts. Demand an answer.

Hooray for Maryland!

Since the start it seems like they're very... um... just "not good." Realistically, I don't understand why they ever offered a judgment when there was no proof ever presented - even in those initial arbitration ruling in the NAF. But the motion for a specific reason sounds like a really good idea. Basically, I'm trying to get them to have to present the original contract and an itemized breakdown of everything before I talk to Chase or MB or whoever.

ScottGem, do you think Chase sold it? I was under the impression that MB are just the attorneys for Chase - not that they bought the debt. Otherwise, I honestly think they're being very misrepresentative about everything, i.e. "Attorneys for..". Plus, Chase is listed as the actual Plaintiff.

Also, when they sent something to offer a settlement, they specifically said something along the lines of "our client" will accept $1800.

Sound fishy or does it sound like a reason to contact Chase instead of MB - assuming the Judges here continue doing the same thing. :mad:

[FootballGuy]

Me again. Sorry to bump this, but I've been "googling" Motion for Specific Answer for Denial and haven't come up with any guidelines with which to base my argument around.

Is there some sort of message I want to include in order to get an answer or maybe even a trial?

[bigcowboy1]

Here's the deal. In between being served and getting a judgement from the court, I did NOT get anything about what date to show up in court. So the judgement went against me. What I did do, was file the bankruptcy before they did that, and that stopped everything. It's really not so bad. No one came by to brand a big B on my chest. I think they put the fear of God in everyone about filing for bankruptcy because they don't want anyone doing it. Maybe if they played fair and let people have a fighting chance against these blood sucking debt buying turds it wouldn't have to come to that. Trust me, they will never let you go. They are sneaky, and they don't care if they get sued because they paid pennie for your debt, and anything above that to them is cake. Do yourself a favor, call the local bar association and ask for a pro bono laywer for free advice as there is so much red tape here, you will never do it by yourself. Let us know how this ends for you.

[FootballGuy]

I think you said perfectly bigcowboy1: Debt Collectors = Turds ;)

I understand it could be a waste of taxpayer money, but given all the things you read about your tax money going to, you'd think "justice" would be given a priority. :confused:

I agree with what you're saying about bankruptcy being a taboo. But, given that I need to get a new car, (not right away), and that I'd like to start looking at houses, I can't really go that route. Besides, I don't mind paying my other bills like my student loans. I used the money and am cool with paying it off. I just don't like paying this off since I really can't seem to get any kind of itemization or explanation regarding it.

Would it be worth my time to just call up Chase and settle? If so, how much is a fair settlement? When MB contacted me, they said I could just do one lump-sum of approximately $1,800. If that's the ceiling, what's a good floor?

Also, if these guys purchased the debt, (as opposed to just being collectors for Chase), would they be misrepresenting themselves as attorneys as not the plaintiff?

Thanks!

[FootballGuy]

If I file a motion for a specific reason for denial, should I make mention of anything from the following:

Debt Validation: The ultimate weapon against the collection agencies

I was thinking more specifically that I should somehow state the following from that link:

The Right to Validate Your Debt

Under the FDCPA, you are allowed to validate this debt, and the creditor (in this case, the collection agency) must show you proof that you owe the debt to the collection agency (not to the original creditor.)

The specific section of the FDCPA:

FDCPA Section 809. Validation of debts [15 USC 1692g]

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

[bigcowboy1]

I say get a lawyer and sue them.

[FootballGuy]

I don't know what grounds I'd be able to sue them on.

First, I think I need to call the "Plaintiff" and see if they would even settle.

If MB offered a lump-sum settlement of $1,800ish, what would be a good settlement for the original plaintiff assuming they don't have to go through all the additional court costs? Plus, if it is "just business", the only people to get screwed over are MB since they probably wouldn't receive any of the settlement.

Thoughts on that approach?

[bigcowboy1]

By the time you figure out what you're doing, they will be garnishing your wages.