[FootballGuy]

I just received a summons, (at 6:00 AM), stating that a credit card is seeking a judgement against me. The card was originally a Chase Manhattan Bank. However, the debt was sold to a debt-collection company - Mann-Bracken, LLC.

Originally, I heard these guys were bad news and I was advised, (perhaps wrongly), to avoid them. Well, I did for some time but I never sent any validation letter or anything like that. Now, I think it's coming back to bite me.

But I have an issue regarding this summons - the plaintiff is listed as "Chase Manhattan". I thought that the debt was legally transferred to Mann Bracken. My understanding, though crude, is that Chase took their hand out of these dealings when they sold the debt to a collection agency.

Is that right? If so, since I have 30 days to write the courts, should I state that Chase is an invalid Plaintiff? :confused:

Sorry if I left something out. I'm a bit overwhelmed with all this. The debt is about 3 years old or so and I have tried really, really hard since that time to start anew. I settled all of my debts but this one because it was sold to a 3rd party - or so I thought. :(

Thanks!

[mr.yet]

File your notice to defend, File motion for discovery, of the original contract, ask for copy of what they purchased the debt for showing the amount of it.

The original contract is very important, without the original contract there should be no case.

Just some suggestions to follow.

[FootballGuy]

Hey Mr.Yet, thanks for the suggestions! :)

A couple of questions though:

1) When you say ask for the original contract, is that something I should include in the letter responding to the summons or is that something I should direct to the debtors?

2) If this is something I should direct to the debtors, do I write to Chase or Mann Bracken, LLC?

3) Lastly, what contract am I asking for - the original one between me and Chase or the one between Chase & Mann Bracken?

Thanks again for your help!

[mr.yet]

THis should be in your Motion for Discovery, since you have to go to court. Directed to whom has filed the suit.

Original contract you signed from the beginning, if they purchased the debt , they most likely don't have it.

Check on the rule of the court in your state. It should be online.

[ScottGem]

You are asking for the original contract that YOU signed agreeing to make payments on any purchases made with the card. You direct the request to the agency suing you.

Some other points. While I have also heard horror stories about Mann-Bracken, you were advised wrongly to ignore them. Apparently you did apply for and receive a Chase credit card which you used and defaulted on. It didn't matter whether the debt was transferred, sold or whatever. So you owe the money you defaulted on plus interest. Ignoring a creditor is probably the WORST thing you can do.

Now, how do you know that they purchased the debt? The may simply be acting as an authorized collection agent for Chase. They may be doing so on a percentage basis (they keep x% of what they recover). Which makes sense then that Chase is listed as the plaintiff.

The thing is, that often, these collectors are not provided with sufficient documentation. Therefore you want them to provide you with a copy of the original credit agreement (the contract), and a record of purchases and payments and interest accrued. If they can't prove the debt then you are off the hook. If they casn, then you need to work out a payment plan with them.

[FootballGuy]

I think I'm following so far. But in regards to my Motion For Discovery, the document I received states the following:

You are hereby summon to file a written response by pleading or motion, within 30 days after service of this summons upon you, in this court, to the attached Complain filed by:

And then it goes on to give Chase's information/address. Also, further down the page, it says:

To the person summoned:
FAILURE TO FILE A RESPONSE WITH THE TIME ALLOTTED MAY RESULT IN A JUDGEMENT BY DEFAULT OR THE GRANTING OF THE RELIEF SOUGHT AGAINST YOU.

Personal attendance in court on the day named is NOT required.

Also, regarding this summons, the "Date Issued" is 10/19/06. 30 days has passed since the date issued. :eek:


Lastly, when I first received a correspondence from Mann Bracken, I called them and said that the debt was with Chase and they are simply a 3rd party. He said that I had to pay them and that "Chase will tell you the same thing."

From what I'm understanding, kind of based on what you have suggested and the summons, I need to file a written response motioning for the discovery of the original contract I signed from Chase. Then play the waiting game....

Does this sound correct? Again, thanks for all the help so far! :)

[ScottGem]

The Date issued is not the clock start, it's the date you were served. Contact the court or get a lawyer who can tell you exactly what you need to do to respond. But do not wait, act immediately.

What MB told you is like what I said, they are a 3rd party acting on behalf of Chase. And yes that's what you need to do now.

[FootballGuy]

Hey All,

Thanks for the help so far! I really appreciate all this. I finally feel like I'm at least headed in the right direction! :)

Unfortunately, I do not have the money for a lawyer so I think I'll be contacting the court. As exactly what to do, I'm still a bit confused - sorry.

I think I am to:

Call the Court in Maryland, (my location), and tell them that I wish to file a written response to the summons. Specifically, I would like to respond by "Motioning for Discovery." But it's here where I get lost. Do I tell the court that I wish to obtain the original agreement between myself and the original creditor, (Chase)? Or, do I seperately tell Chase I want to obtain the original contract and, at the same time, respond to the court with my motioning for discovery and write in that I am contacting the Plaintiff?

I'm sorry if I'm coming off as naive. I have looked online and there are so many resources, but, I'm not accustomed to what I need, etc.

Thanks again Mr.Yet and ScottGem for all your insights!

[mr.yet]

Football guy, I am in Maryland, Cecil county, was the summons from district court of circuit court?

I will send you tonight the Maryland rules for procedure.

[FootballGuy]

Hey Mr.Yet,

I'm in the city. If you could give me any leadway into the exact steps I need to take, I'd REALLY appreciate it! Of all things, I don't want to "lose" because I messed up the paperwork. :(

The summons was from the Circuit Court for Baltimore City.

Thanks!!!! :)

[ScottGem]

I'm not sure if the term Motion for Discovery is correct for this type of action. So basically you tell them, that you want to respond by requesting full documentation of the debt. This should include the original contract and a history of the account showing all charges and payments.

You do NOT contact the Plaintiff directly. Your dealings are either with the court or the entity that is bringing the action (the 3rd party).

[mr.yet]

IN MAryland court once the suit has been filed, one must file with the court Notice of intend to Defend, which is attached to the bottom of the page.Defendant can after that file for Interrogatories to the plaintiff for discovery, not with the court. They have 21 days to respond.

What is your court date?

You may have to file for a continance if time is insuffient.

Maryland court is all about procedure.

[mr.yet]

Here is the link to the MAryland Law Library:

http://www.lawlib.state.md.us/

[FootballGuy]

Hey Mr.Yet,

I'm kind of getting lost. :confused:

You mentioned that I must first file with the Circuit Court an "Intent to Defend." Then, after that time, file "for Interrogatories to the plaintiff for discovery". But you said that would be filed with the Plaintiff. Does that mean it's not a legal document in the sense that it's not recognized by the court - or court official anyway?

As for the court date, I actually can't find one anywhere on the summons. It just states that I have 30 days to submit a written response. Does that sound fishy or is that normal?

Lastly, I went over the link you provided, (Thanks!), and I don't know which form to use. I believe it's the Circuit Court > Civil Non-Domestic one. But after looking it over, I'm not sure of that. :o

Also, ScottGem, if I'm understanding this correctly, both you and Mr.Yet or suggesting the same thing, right? I apologize if you have to talk down to me but I am basically inept in all this and have only google as a guide. ;)

Thanks again, guys!

[ScottGem]

Yes we are suggesting the same thing. My knowledge is more general in this area, Yet has some more specific knowledge. He said that the Notice of Intent to Defend should have been attached to the summons. If it wasn't, then you need to contact the court to get a copy or find it online.

Do not hesitate to call the court clerks and ask for help. Its Ok that no court date was specified. First they want to know whether you are going to defend against the action. Once they know that, they'll set a date. After you file the notice to defend, you then request full documentation of the debt from MB.

[FootballGuy]

Cool! Now I'm following! :D

Regarding the summons, there was no Notice of Intent to Defend attached. As per your suggestions, I'm going to call the courts to find out where I may get that form.

Also, in reference to the Intent to Defend, once I file that, does that mean I have to go to court or would there just be a "Judgement" date - no pun intended?

Thanks again!

[mr.yet]

Once you file the answer with the court they should set a date for the hearing.

Use the link to the Maryland Law Library to find the rules, it is a searchable site by key words.

[ScottGem]

Cool! Now I'm following! :D

Also, in reference to the Intent to Defend, once I file that, does that mean I have to go to court or would there just be a "Judgement" date - no pun intended?

Thanks again!

Glad we are getting through ;)

One or more of several things might happen as a result of your filing the Intent to Defend.

1) The court will set a date at which both parties will need to appear
2) MB will drop the suit because they don't have the documentation or its too small an amount to bother fighting for
3) MB will contact you offering a settlement

If the third option happens, do not send any money until you have the settlement offer in writing.

[FootballGuy]

Well, I went through the site, per your suggestion Mr.Yet, and this time, incorporating everything the both of you have been saying, am not as lost! :D

After reading over everything here, specifically under the 1 C section, I went to Baltimore City's Circuit Court website. Among the resources listed there, I found this "Forms" section. But I still don't think it's exactly what I'm looking for.
http://www.baltocts.sailorsite.net/civil/forms.html


Aside from filing an "Answer" of a Notice of Intend to Defend, do I await the trial date prior to filing anything for the Discovery process?

Lastly, about the specific scenario. The amount in question is approximately $2,500. As for this case, MB got an arbitration award by the National Arbitration Forum. This trial is just officially substantiating the award - I think.

Given all these facts, would it be in my best interest to fight or try to settle? I realize that each person and each scenario are unique and there are probably other factors that are to be considered. Right now, for instance, I'm unemployed! :( Thus, I can't afford a lawyer. I am currently a "finalist" for a position I applied for a couple of weeks ago. But, if I get that job, I'll finally have some money. At the same time, because of what's happening at this place, I won't be able to take any time off of work - including the day after Christmas or the Friday before. :eek:

Sorry to post so much and, again, thanks a ton for being so patient with me! :D

Oh, and just to throw in, I have NO assets. For the first time ever, that might be a good thing, no?

[ScottGem]

We don't know all the facts yet. We won't until you have documentation of the amount of the debt. Until you see that, you do not make any offer to settle. If they can't document the debt you owe nothing.