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dancing queen · Jun 5, 2008, 06:19 AM

I received a summons today from a debt collector who has been calling our house but have received nothing in writing from. I asked them about 2 weeks ago to send me something but they never did - said they sent something back in March but we never got it. The company is Mann Bracken. Yesterday I sent a letter requesting validation of the debt priority mail as I started looking online at the company. What info should I file with the court? Should I send a copy of my request to the Court? Any advise would be appreciated.

ScottGem · Jun 5, 2008, 06:21 AM

You are doing this backwards. What you needed to do was answer the summons indicating your Intent to Defend against the suit. You then send a copy of that answer to the plaintiff with a request for verification of the debt.

Still not to late, send in the answer to the court and copy the plaintiff with a second reqwuest for verification.

dancing queen · Jun 5, 2008, 06:29 AM

I sent the verification of the debt yesterday not realizing they were suing me. I was served this morning. Should I attach a copy of the validation letter to my answer to the court?

ScottGem · Jun 5, 2008, 06:36 AM

Not necessary, but doesn't hurt.

dancing queen · Jun 5, 2008, 06:50 AM

Thanks so much!

STG · Jun 5, 2008, 06:52 AM

You likely have either 20 or 30 days to respond to the summons. Responding - at least in most places - simply means that you're letting the court know that yes, you did get the summons notice and yes, you're going to do something about it.

What your next step is really isn't as important as repsonding promptly to the court.

Your next step should be contacting the attorney's office that initiated the suit. They don't want to go to court - and neither do you. Be very, very honest with them about what happened to cause you to be behind or in a non-payment status. They'll try to be tough with you... don't let that freak you out. Keep communicating with them - and you should be able to work out an out of court settlement that meets both of your needs.

ScottGem · Jun 5, 2008, 07:04 AM

Originally Posted by STG

Your next step should be contacting the attorney's office that initiated the suit. They don't want to go to court - and neither do you. Be very, very honest with them about what happened to cause you to be behind or in a non-payment status. They'll try to be tough with you...don't let that freak you out. Keep communicating with them - and you should be able to work out an out of court settlement that meets both of your needs.

I disagree with this. You should not admit to the debt until they verify it. Simply state that you can neither confirm nor deny the debt until you receive proof that you incurred it. Once they have verified the debt and their right to collect it, you can then start dealing with a settlement.

STG · Jun 5, 2008, 07:20 AM

Originally Posted by ScottGem

I disagree with this. You should not admit to the debt until they verify it. Simply state that you can neither confirm nor deny the debt until you receive proof that you incurred it. Once they have verified the debt and their right to collect it, you can then start dealing with a settlement.

Absolutely.

My assumption was that it was a valid debt

ScottGem · Jun 5, 2008, 07:42 AM

Originally Posted by STG

Absolutely.

My assumption was that it was a valid debt

Ahh OK, but in the original post she indicated that she had been asking for verification since they started contacting her.

dancing queen · Jun 8, 2008, 06:51 PM

I received confirmation that the debt collector received my request for validation of the debt - which also included a request that they stop calling and correspond with me in writing only. I am continuing to get calls from them - is it illegal for them to do that even though they are suing me? If so, what recourse do I have. Thanks!