Can I be sued before I've been served?

[Emmy]

I got a call that comes up on the caller id as "Dir Asst. NY" After doing my research on whocalledus I found out it is a firm that represents as "(firm name) LLC Debt Recovery Services."

The message I got was, "In fair accordance with Federal Law blah blah this message is for (me) This is (his name) and I'm with (firm name) regarding case #123232232." Then something about a civil suit in my county that is being filed and for me to call back so that we can settle out of court.

I thought they had to serve papers before suing. I looked up their website and they look like mostly just serious debt collectors that use "skip tracing" (what is that?) but it looks like they do in fact offer services for taking debtors to court.

Can I be sued and not even know except for a phone call? I haven't gone anywhere and am at the same phone number and address as all my past due accounts. I've just never once answered the phone since last Oct/NoV when we stopped paying our credit cards. I think they are really getting pissed.

What do you think, serious or not? I don't want to call them so how can I find out if I'm being sued without my knowledge?

[wayne-o]

I believe they file suit and you are then served. The papers you are served with will give you instructions on the court date etc. etc.

[Emmy]

Well Crap. I hope I'm not really about to be sued right now. We are going to file for BK soon but aren't quite ready financially. It's still no use calling them since we can't pay them anything.

This was also the first phone call I've ever gotten from them. I find it odd that they are suing before even trying to collect the debt. I don't even know what particular debt they are collecting since we have several in collection right now. They never said who they are representing at all, just the supposed case # If they were suing for one our debtors you'd think they'd mention the name.

[JRScott]

Is this Mann Bracken LLC?

I just ask cause it looks like their work, they like to harass folks.

What state you live in?

Save that recording incidentally. If they fail to follow through with a lawsuit its considered harassment by that law they quote .

In North Carolina Mann Bracken LLC had me served with civil papers in March of this year for my Aspire VISA account. I had last spoke to someone in December 2006 I think and they said they gonna sue you if you don't work out something. I was broke and didn't have any money. I told the lady well I don't have it and they've not been willing to work out anything in the past when I asked for hardship. If they sue, I'll file bankruptcy and they'll get nothing. Or something to that effect.

So a few more months pass. In March the sheriff's deputies delivered the civil summons. Basically in NC the first step in the civil summons basically establishing that you do indeed owe the money. I had 30 days from the time I was served in order to reply. I got some more info together and made an appointment to speak to a lawyer who I retained.

Mann Bracken called back shortly after I had retained the lawyer. I told them that I had retained a lawyer for the purpose of bankruptcy. Gave them the lawyer's name and number and asked that they contact them in the future. Never heard anymore about it.

So even if they are starting it will take time. I mean I hadn't paid on the Aspire one for 18 months or maybe longer because the wouldn't work out a hardship deal.

Mann Bracken is notorious for trying strong arm tactics. Even if they filed the papers with the clerk today. The clerk might take up to 30 days to deliver it to the Sheriff you might take up to 30 days to serve it and then in most states you'd have 30 days to provide a response.

Even then in most states this would only be the first step. That is it would just admit that you owe the debt. They would then have to go through the next step to try to collect. Which once again takes a couple months at least. Might could find you more specific info if you let us know what state you are in.

In any event even if a judgement is entered against you you can have the amount removed in bankruptcy.

Have you retained a lawyer yet?

[Emmy]

I'm in Missouri. It is not the firm you mentioned but after more research on their site, it looks like they buy and sell bad debt, along with collections. It hardly says anything about their "court services" just that they will do the pre and post filing for suits and deal with collection issues for a judgment. It goes into quite a bit of detail about their collection efforts and debt purchasing. They have one office in New York and one in Florida. This may be a dumb question but if they aren't located anywhere near me, who is doing the supposed filing and who will represent them here in my county? Do they just hire people from here or is it possible to do all the preliminary work from there and just show up for a court date when it's assigned?


We haven't retained a lawyer yet but have a few names that we are ready for a consult with. If these people sue, we will just do whatever we have to do in order to file for BK before a judgment. Not that they could get much out of us anyway, I'm unemployed, we don't own a house, both of our vehicles have loans on them that are worth more than the vehicles and we have nothing worth anything in our home.

There message was confusing and vague. I'm sure that was their intention so I'd call back all scared about them suing. I know that I could be sued anytime now and it varies with each creditor, I just thought I'd be served with some official papers and have 20-30 days to respond. I thought it was past that point and I hadn't been notified or something. That is what I'm really worried about is them going to court to obtain a judgment and me not knowing.

I wish I'd saved the message but I already deleted it. I'll save anymore if they call.

[Minnymouth]

They are just "tickling you" with the "idea" that they can and will sue you in the future - hoping you will pay.......

They are required by law to have you served with legal papers and you are required to appear in court .

When you get your legal papers when they file,file an objection to them, make them prove the amount and who the debt is with...... this gives you more time before they can get a judgement against you.

[Emmy]

Thanks Minnymouth. That is what I thought. I guess I just panicked when I heard "filed in your county" I assumed everything was already going through and maybe our state had different laws on how they must notify you. It's good to know that I will get legally served before a judgment can happen and they just can't do it by phone call.

I am really kicking myself for not filing before we got to this point with our creditors. We didn't really have a choice though. When I first start posting her last Oct, we were planning on filing with our tax return money come May but my old 11 year old beater car died with the repairs estimated at 3x's the value of the car. We ended up using a portion of our set aside lawyer fee's for a down payment on a used car. We just been hoping our luck will hold out till we can build up enough money to file. We have $1000 saved but I don't think it'll be enough.


Thanks for letting me know some of the time frames JRS Scott and thank Minnymouth for letting me know I can file an objection. That will help if this firm is serious about filing now and give us some extra time to get our ducks in a row.

[Emmy]

I've been researching some more and The BBB lists this "firm" as a collection agency only, not lawyers of any sort as they are claiming. I also found several cases (one in my state even) where they are being sued under the fair debt collection act. They are just one of those down and dirty collection agencies. I'm not even worried that they are suing me at all, if the cases against them are any indication, I'm in for a fair amount of harassment yet. I'd be really surprised if they do but on the positive, it's really got a fire burning under us to get this BK process started and be done with this all. (assuming the bk goes smoothly *fingers crossed*)

[Emmy]

Oh and here is the people that called and what Bud Hibbs has to say on his website about them:

http://www.budhibbs.com/debtcollectorpages/phillips_burns.htm

In case anyone else gets calls from them.

[havetodecide]

How long has it been since you stopped paying the cards? just to give me an idea of how long time i have if i decide not to pay them.

Thanks

[Emmy]

Well everyone is different. There are no rules but I've heard of some being sued after 4 months and some go for years. I've not been paying since the end of OCT start of NOV last year. Discover started calling when I was a week late. That worried, I thought for sure if they were calling already I'd get sued very early on. It's been 9 months and my debts are being sold off now to bottom feeder third party collections.

I think it also depends on your situation. Me? I'm unemployed, don't own a house, owe more for our vehicles than they are worth, I have nothing of value that they'd want. I've heard on here before that you have to look promising for them to sue although there are exceptions.

[Emmy]

I just got another message today. This time they claimed if they don't here back by the 20th, they will file a civil claim suit in my county. They also called the phone call a "second legal notice"

The first time they claimed they were calling about something that had already been filed and now it's "we will file" We shall see come Friday. Even if I wanted to work something out with them, I can't. Also the budhibbs site says they are crooks that will take any money and not count it and drain your bank accounts if you're foolhardy enough to give it to them, no matter the actual amount you said ok to.

We shall see what happens Friday.

[Emmy]

Just an update post in case anyone was following this thread and for future reference in case anyone gets threatened by them.

The 20th was last Friday (a week ago) and that was the day they claimed the papers would be filed and I'd be sued. Well, nothing happened. I checked online for my name in our local courts and nada.

Today I finally heard from them again. They had been calling and not leaving messages but today they did. This time it was a lady calling from the "firm" Phillips and Burns, except they aren't a "firm". Anyway, this time I am going to be sued on Monday unless I call before then and make an attempt to resolve and stop the "litigation."

Are they stupid? Aren't they at least communicating with one another and know that this threat was already made and that the previous threat to sue date has come and gone only a week ago? They are a bunch of idiots.

[CPO]

May I suggest a www.naca.net

[Emmy]

Thanks for the information and I'd love to take their money if I had the cash upfront to sue them. I've been saving the messages. I have voice mail service through charter. I have to dial in my number to hear my messages but they each have a recording of the date,time, and number that made the call. I have explicit messages saying, "We are going to file papers in your county on Friday the 20th."