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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I recently received a writ of summons to appear in court for

Resolved Question:

I recently received a writ of summons to appear in court for $800 from Mann Bracken. I am located in MD. I sent Mann Braken a DV letter over a month ago to verify the debt and they sent me a summons instead. I have another 6 days to respond before a default judgement is sent. What should I do?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
You can file your answer, pay your appearance fee, then go to court and show them your copy of the request for verification of the debt that they didn't respond to. The judge may dismiss their case possibly if they were in violation of the fair debt collection act. Mann Bracken is a collection agency,so if you timely sent the request, you have a strong shot. If the original creditor filed suit, they might not be held to that law. You then can have a trial to contest the debt if you feel the amount is wrong, or have another defense, and evidence to prove your case. If you don't respond, they will get a default judgment then look to freeze assets and garnish wages. Either way, you need to resolve the debt with the creditor, and Bankruptcy can stop the court action, either way.

The fair debt collection practices act can be found here.
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
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