I am being sued by Mann Bracken, acting attny for Capital One. Has anyone had any experience with this law firm, in Georgia? I had spoken with them about settling the account, and got a settlement amount, I was not entirely happy with it, but would have paid it for this to go away, and asked the rep to send me something in writing regarding the settlement, and she has not, (this was two weeks ago). Now, I cannot get her to call me back. I called the court, to inquire whether I should request a hearing, to protect myself in case she does not repond to me before the end of the thirty days required to file an answer before the court. The rep had told me that a court date would automatically be set at the end of the 30 days, which is not true, and now I am wondering if she just told me that and then they would win by default, the whole amount... Any ideas? This is my husband's bag of crap, and I end up taking care of all the fallout, but am not willing to let him get garnished for over 1500 dollars for something that started out as a $200 credit card. Thanks.
I would go ahead and file the answer to the lawsuit. If they were really interested in settling they would have contacted you by now. In any case, when you file the answer it will get their attention if nothing else and maybe they will be interested in coming back to the settlement table.
I don't think they really want to settle, they will win if I don't file an answer, and they will get garnishment. I called them asking if they would settle, and they were more than happy to settle for $725. I asked her if she could send me something in writing giving the details of the settlement, and she said yes, of course. Well, two weeks later, and I don't have it. I called her for the past three days, and left voice mail, that I could let her fax it if she wanted, and no response. The court says that my husband would need to show up at court, but I was under the understanding that I could "represent" him, and he wouldn't have to be there. Do you now if that is the case?
I don't know anything aboout this firm, but this is a common trick among attorneys. Lull you in to thinking you have an agreement and moving for a default when you do not answer. In general, this is the rule. You must file an answer to the complaint. If you do not, they will get a default. When they ask the court for the default, you do not get notice because you did not answer. Do not sit back and wait for the hearing to be set. File your answer. When you do, then a hearing will be set. Also, when they go to the Judge for a default and you are not there, they will ask for the moon - court costs, attorney fess, etc., etc, Since you are not there, it is likely they will get everything they ask for.
