Recently I responded to a summons by a debt collection co, Mann Bracken. In calif we have a "answer-contract" for the person being summoned. My question or statement is; I had made an agreement with this company to make payments and I sent anitial payment of $1500. Monthly payment were to follow. I received a "payment received receipt for only $1000. and no balance showing. I sent a letter asking for the proper credit and balance, or I would not send any more payments. (All of this was going on during the time I had gotten the summons with 30 days to respond-or get a default judgement.)At this point I chose to respond asking the creditor to show me who is the plaintiff and show me how or why I owe them money. Question: did this creditor break any laws taking my money and not giving me the right credit and not showing me any credit toward a balance. I now have a court date on Feb 2010.
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Hi Stockonbroker,
Well, it is good of you that you have taken certain steps to clarify the doubts you have regarding the receipt. However, from your post I am not able to figure out whether you have responded to summon or not. I think you need to reply to summon by writing a letter to the attorney and the Court. In the letter you should make a list of your defenses so that you can place your point. Even after that if your hearing date does not alter in any ways, then you should visit the court hiring an attorney.
The debt collection agency has definitely broken FDCPA (Fair Debt Collection Practices Act) if it has not provided you with a confirmation regarding that $500. Ideally it should provide you with a proof regarding the balance.
I would make sure the courts knew the reason you did not continue making payments was because of the wrong credited amount. Do you have proof of that payment and the letter you sent stating you would not pay any further money until they credited this account correctly? Make sure you go to the court appointment and take all the paperwork with you. You may also find some help at your states atty generals office. Give them a call and let them know what is going on. They maybe able to help resolve the issue.