Chloe Meltzer | July 21, 2022
Summary: Is Mannbracken threatening you over an old debt? Not sure how you're going to win the fight? Learn how to respond to debt collectors like Mannbracken and beat them in court.
Mannbracken LLC is often a non-cooperative debt collection agency. Although they often present themselves as a law firm, they are not. If you are being sued by Mannbracken try not to panic and simply realize that you need to respond. The first step is to ensure that you were properly served with the summons. This should include proper validation of the debt, and if you choose, you may contact the lawyer running the case for Mannbracken against you.
In some states, collection agencies must be licensed in the state to operate legally. Therefore if you are contacted or sent a summons, you may look at the licensing details in the state licensing database. After retrieving this information you should look into whether or not the case is legal and you can be sued for this debt.
If you do not pay your debt then your case will first be sent to a creditor like Mannbracken. In this case, you may get collection notices. If you ignore the debt then eventually you will be sued. You must know your rights because collection agencies and attorneys cannot harass you to force you to pay a debt. For example, debt collectors cannot do the following under the Fair Debt Collection Practices Act (FDCPA):
If you tell a debt collector in writing to stop contacting you, then they are required to respect that. The only time the debt collector can contact you after you have requested that they stop is to let you know that they are filing a lawsuit against you. This becomes illegal, and you may sue them for damages.
Despite this, this will not eliminate your debt. The collectors will still be able to ruin your credit score by submitting information to the credit bureaus. This is why you must respond. If you do not respond, then there will be a default judgment placed against you. This essentially means that you lose your case before being able to defend yourself.
In many cases, Manbracken may ask you to participate in the arbitration process. If you do not wish to do this you may send a “refusal of arbitration letter”. To conduct the arbitration successfully, you will then be required to prove that you have given consent for this and that the account was with the original creditor during the period of arbitration.
Typically you will have anywhere from 20 to 30 days to respond to a debt lawsuit. This means you need to be sure to respond and then appear on time. When you respond to the debt lawsuit, you will need to file this with the court. When doing so, you can list your defense to the lawsuit if you feel you should not be sued, and you may have to go to the court case.
Once you file an answer, a hearing will be scheduled. Then you will have the chance to prove that you do not owe the money, that you already paid it, or if you have another defense to the lawsuit. There are a few options. The first is that you may be given a judgment against yourself. This happens if you lose the case. This is when your wages can be taken, as well as your assets. You want to avoid this.
Instead, try to see if you are judgment proof. This means that you or your case cannot legally be sued. In some cases this means that your income and assets are exempt from collection, but not always.
The statute of limitations is a law that governs how long you may be sued for a debt. In some cases, this might be two years, but it can be as long as 20 years. The average length of time for the statute of limitations is four to six years. Some debts may be past the statute of limitations and in this case you need to be careful not to make even a $1 payment on this debt.
This is because the statute of limitations will start over from the last payment you made. This means that even if the statute of limitations has already expired you can restart it simply by making a payment. This is good for the debt collector and bad for you.
Your wages can only be garnished if the debt collector wins the lawsuit against you. This follows a judgment. There are limitations on what a debt collector can take from you depending on how much you make. If you make less than a certain amount after taxes, then your wages cannot be garnished. As a rule, a debt collector can only take 10% of your paycheck.
Filing for bankruptcy should always be a last resort option. It can be expensive and also follow you for the rest of your life. It will hurt your credit. You are not required to have an attorney to file for bankruptcy, but it is always a good idea to speak with a professional who is experienced with bankruptcy.
When it comes to fighting Mannbracken in court it is essential to weigh your options and examine your case. Find all available avenues to legally get the suit dropped, and in the event, you are unable to get it dropped, you should attempt to settle.
SoloSuit makes it easy to respond to a debt collection lawsuit.
How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.
"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James
Here's a list of guides for other states.
Being sued by a different debt collector? We're making guides on how to beat each one.
Is your credit card company suing you? Learn how you can beat each one.
Need more info on statutes of limitations? Read our 50-state guide.
Need help managing your finances? Check out these resources.