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  • Report:  #225727

Complaint Review: Midland Funding NCC-2

Midland Funding NCC-2 Being Sued over a Debit of 1113.70 Dollars for something i have no clue who The MannBracken is or who Midland are and why i have been summond to apear to court from something back in 2001 the day i got the summons ..2 days later i get a letter telling me i can resolve the matter buy just sending the Mann Bracken LLC for Midland and keep it from court no other actions would follow please respond Ripoff San Diego California

  • Reported By:
    Johnson City Tennessee
  • Submitted:
    Sat, December 16, 2006
  • Updated:
    Sun, December 17, 2006
  • Midland Funding NCC-2
    8875 Aero Drive Suite 200
    San Diego, California
    U.S.A.
  • Phone:
    615-296-9337
  • Category:

Hello My Name is Chasity

I have got this summons to go to court on a Bill i have no clue of.

The man that brought me the Summons told me he had seen a lot of this in the past few months.

This is set to go to Court here in Tennesse Jan 3 200PM before a Judge sueing me for the amount of 1113,70 from back in 2001 .

I feel and this i have been the Victim . as Theif or something to that matter.

After a few days of getting the Summons to Court i get a letter in the mail from.

MB

Mann Bracken LLC

States

Re Midland Funding NCC-2 Corp-(NCC)
Assignee Of Associates

Vs
Chasity

He writes

Dear Chasity

We have been advised that our client's law suit against you in the above case was recently served.

If you are interested in resolving this case without futher legal proceedings, we invite you to contact our office as soon as posible at 1-866-339-7178 to discuss yout account.

Our client and this office would like to reach an amicable resolution to this matter.

We look forward to hearing from you.

Sincerely,
MANN BRACKEN,LLC
------------------------
What help can i get from this hassle from someone trying to scam me or bash me or my name PLEASE Help..

Thank you

Chasity

Chasity
Johnson City, Tennessee
U.S.A.

6 Updates & Rebuttals


Steve

Bradenton,
Florida,
U.S.A.

Adolph, thats not the way it always works

#7Consumer Suggestion

Sun, December 17, 2006

Civil Summons are USUALLY served by process servers. These are often civilians who get paid by the piece for each summons served. There is no requirement that a process be a law enforcement officer, or be in uniform.

The OP needs to check with the clerk of court to see if an actual lawsuit has been filed. It is a common scam for collectors to fabricate a summons and have a debt collector employee "serve" it. Be sure a lawsuit has actually been filed. That summons MUST have a CASE#/Docket# on it to be valid.

STAY OFF THE PHONE!! NEVER speak to any debt collector on the phone! NEVER!!!

If the summons is valid and a lawsuit has actually been filed, you MUST repond to it as required by law in your state. Failure to do so alows them to win by default and get a judgement against you.

When you respond, simply state you have no knowledge of any such debt and have never done business with any of the parties mentioned. DENY EVERYTHING.

Then if they do not dismiss before the court date, you need to GET A LAWYER and get a MOTION TO DISMISS filed on the basis of "Not my account".

They must prove everything, and you must prove nothing. DO NOT give them ANY information at all.

Good luck.


Steve

Bradenton,
Florida,
U.S.A.

Adolph, thats not the way it always works

#7Consumer Suggestion

Sun, December 17, 2006

Civil Summons are USUALLY served by process servers. These are often civilians who get paid by the piece for each summons served. There is no requirement that a process be a law enforcement officer, or be in uniform.

The OP needs to check with the clerk of court to see if an actual lawsuit has been filed. It is a common scam for collectors to fabricate a summons and have a debt collector employee "serve" it. Be sure a lawsuit has actually been filed. That summons MUST have a CASE#/Docket# on it to be valid.

STAY OFF THE PHONE!! NEVER speak to any debt collector on the phone! NEVER!!!

If the summons is valid and a lawsuit has actually been filed, you MUST repond to it as required by law in your state. Failure to do so alows them to win by default and get a judgement against you.

When you respond, simply state you have no knowledge of any such debt and have never done business with any of the parties mentioned. DENY EVERYTHING.

Then if they do not dismiss before the court date, you need to GET A LAWYER and get a MOTION TO DISMISS filed on the basis of "Not my account".

They must prove everything, and you must prove nothing. DO NOT give them ANY information at all.

Good luck.


Steve

Bradenton,
Florida,
U.S.A.

Adolph, thats not the way it always works

#7Consumer Suggestion

Sun, December 17, 2006

Civil Summons are USUALLY served by process servers. These are often civilians who get paid by the piece for each summons served. There is no requirement that a process be a law enforcement officer, or be in uniform.

The OP needs to check with the clerk of court to see if an actual lawsuit has been filed. It is a common scam for collectors to fabricate a summons and have a debt collector employee "serve" it. Be sure a lawsuit has actually been filed. That summons MUST have a CASE#/Docket# on it to be valid.

STAY OFF THE PHONE!! NEVER speak to any debt collector on the phone! NEVER!!!

If the summons is valid and a lawsuit has actually been filed, you MUST repond to it as required by law in your state. Failure to do so alows them to win by default and get a judgement against you.

When you respond, simply state you have no knowledge of any such debt and have never done business with any of the parties mentioned. DENY EVERYTHING.

Then if they do not dismiss before the court date, you need to GET A LAWYER and get a MOTION TO DISMISS filed on the basis of "Not my account".

They must prove everything, and you must prove nothing. DO NOT give them ANY information at all.

Good luck.


Steve

Bradenton,
Florida,
U.S.A.

Adolph, thats not the way it always works

#7Consumer Suggestion

Sun, December 17, 2006

Civil Summons are USUALLY served by process servers. These are often civilians who get paid by the piece for each summons served. There is no requirement that a process be a law enforcement officer, or be in uniform.

The OP needs to check with the clerk of court to see if an actual lawsuit has been filed. It is a common scam for collectors to fabricate a summons and have a debt collector employee "serve" it. Be sure a lawsuit has actually been filed. That summons MUST have a CASE#/Docket# on it to be valid.

STAY OFF THE PHONE!! NEVER speak to any debt collector on the phone! NEVER!!!

If the summons is valid and a lawsuit has actually been filed, you MUST repond to it as required by law in your state. Failure to do so alows them to win by default and get a judgement against you.

When you respond, simply state you have no knowledge of any such debt and have never done business with any of the parties mentioned. DENY EVERYTHING.

Then if they do not dismiss before the court date, you need to GET A LAWYER and get a MOTION TO DISMISS filed on the basis of "Not my account".

They must prove everything, and you must prove nothing. DO NOT give them ANY information at all.

Good luck.


Adolph

Elkhart 46517,
Indiana,
U.S.A.

I agree-sounds bogus to me........

#7Consumer Comment

Sat, December 16, 2006

For starters, there's a statute of limitations on nearly all civil litigation. It would be of interest to determine if this (alleged upcoming) action is even within same. If not, tell 'em to go FXXX off just for starters.
.
That's aside from the fact, as you explain it, it sounds bogus to from the start. It would be wise to confirm with the issuing court and judge if this's even a legitimate court issued dictate and doocument. A "summons" would have the issuing court identified.
.
I would normally expect any court summons to be delivered by some kind of uniformed or otherwise identified law dog, not just "a man".
.
It would also be my opimion that any offer of settlement or compromise would be tendered PRIOR to initiating the actual collection proceedings in a court of law. (Again, assuming this's a legit. issue).


John

Califon,
New Jersey,
U.S.A.

Sounds like a new tactic

#7Consumer Comment

Sat, December 16, 2006

Sounds like a new tactic being used by alleged collection scum.

Instead of trying to weasel cash out of you before suing, their just cutting their losses and going straight to court as an intimidation tactic. Then, if someone "settles" and doesn't go to court-thinking they now don't have to-they get a judgment against them and have to pay even more.
I'm sure someone will be able to help here. You could also try to get advise from an attorney at NACA.com. Just search for one in your state.

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