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VendettasVice
Joined: 03 Oct 2009
VendettasVice's page
Posts: 6
Location: Northern California
110 Magic Points
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Subject: Summons & Compliant due 12 October but now Due 27 Octobe
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Sat Oct 03, 2009 9:10 pm
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I received a summons and complaint from Mann Bracken who is representing Cap One. I retained a lawyer for legal advice and received a great deal (so much that I can actually help others to a point). I called Mann Bracken (2 October 2009) and spoke to the lawyer who filed the suit and we worked things out. I then typed up a letter stating our agreement and faxed it to him, then today I mailed the letter certified mail (made copies of the letter before hand). I took extensive notes in google docs as well while on the phone with MB's attorney.
Here's my question: the attorney said they will file two week stay [papers due back at court 12 October, now due 27 October, which is what he's giving to get the stipulation papers back to him] (I'm guessing that's what its called) in which he will send me a stipulation form (stating what we agreed upon and should I falter, MB will move forward with the judgment). He told me I did not need to write an answer for he is going to take care of the stay and add the fee for doing so to my balance.
Do I still have to supply an answer? I sure hope not because I can't afford the $200 court fee to do so, that's why I agreed with MB doing the filing and just paying them back.
Thanks for your help. |
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sunnyca
Joined: 10 Sep 2009
sunnyca's page
Posts: 148
954 Magic Points
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Sun Oct 04, 2009 6:29 pm
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I do nto think so.
But make sure to clarify this with the Mann Bracken |
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VendettasVice
Joined: 03 Oct 2009
VendettasVice's page
Posts: 6
Location: Northern California
110 Magic Points
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Sun Oct 04, 2009 9:06 pm
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Mann Bracken is saying I don't, but we all know lawyers at collection agencies lie. My lawyer said to get everything in writing, which I wrote a letter and faxed / mailed to them.
I asked on another site and was advised to let the court know what took place just to cover myself, which I am thinking of doing Wednesday because by then I should receive the stipulation papers from those bullies. |
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Justin
Joined: 17 Jul 2006
Justin's page
Posts: 1240
28942 Magic Points
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Mon Oct 05, 2009 8:41 am
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Hi VendettasVice,
I agree with what your lawyer has suggested. You must have all the required written documents as proof. It is important to have everything in writing so that you have proof with you in case they harass you later. It is better to let the court know about the proceedings from your side because you have received a summons.
_________________
All the Best 
Justin |
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