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Answered 2006-08-03 15:46:28

Mann-Bracken is the second largest legal collection firm in the US. The company is licensed to practice arbitration which is quicker and less complicated than civil lawsuit procedures. The account is sent to the National Arbitration Board and the debtor is given 30 days to present a defense. The NAB then makes a ruling (99.9% of the time for the plaintiff) and notifies the debtor of the decision and that any further contact is to be made with Mann-Bracken. Although this sounds rather cut and dried, it isn't. Even when the case is found in favor of the plaintiff the plaintiff must follow due legal procedure in the court in the state where the debtor resides to obtain a judgment writ. The judgment still must be executed according to the laws of the debtor's state.

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If your creditor is taking you to arbitration and you are insolvent do you stand a chance with this process?

More and more collection attorneys such as Mann-Bracken, are using arbitration to bypass the regular court process. The arbitration board has to notify and allow the debtor thirty days to answer the filing. However, the only valid defense for a debt is, that the debt itself is invalid; being insolvent or unable to pay is not viewed as a legal defense. Even if the plaintiff wins in arbitration (which is pretty much a given) they will have to submit their claim to the court of venue in the state where the debtor resides to obtain a judgment. The debtor still retains the legal right to claim personal and real property exemptions that are allowed under the laws of the state.


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Can a credit card company garnish your wages without going through a court?

No. A creditor who hires a law firm that is licensed to do arbitration (such as Mann-Bracken Attorneys At Law) can circumvent the normal lawsuit process and have the account ruled on by the arbitration board. However, even using the arbitration process the creditor will need to file in the appropriate court in the state where the debtor resides to have a judgment entered. The ways in which the judgment can be executed against the debtor's property depends upon the laws of the debtor's state.


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Mann Bracken called about an outstanding debt then the collections agent called your ex-husband who lives in another state and told him about your debt is this legal?

Technically, but they could probably avoid censure by claiming they were not aware of the divorce. Collectors violate the FDCPA all the time, whether it is worth filing a complaint depends upon how determined the consumer is to stand up for their rights. One thing that should be noted about Mann Bracken is that they are a law firm licensed as arbitrators. They do not use the standard civil lawsuit process, they file arbitration claims using the Federal Arbitration Act.


Arbitration Offers Court-Free Dispute Resolution?

Arbitration is a process that aims to resolve a dispute between at least two parties without assistance from the court system. Some binding agreements stipulate that disputes automatically be settled through arbitration. This generally includes situations such as: • selling of securities through a stock broker • buying and selling of property • purchase of a new car • opening a bank account In efforts ton control rising litigation costs, many businesses are turning to arbitration to settle legal disputes. Some companies even have their own rules for resolution of disputes. Increasingly the results of arbitration are considered to be legally binding in a matter. Another option is for arbitration to be the first step in solving a resolution. The Federal Arbitration Act of the 1920s and later the Uniform Arbitration Act of 1955 helped make arbitration a widespread practice throughout the United States. While arbitration is a way to avoid the court system, the courts have in fact enforced arbitration contracts and agreements as being legally binding. Why arbitrate? While there are some situations where the parties involved have no choice but to use arbitration to settle a dispute, there are some general reasons why arbitration can be a beneficial way to settle a dispute. • less expense involved than typical court-based resolutions • generally yield a faster result • results are considered to be more favorable to both parties since those making the decision tend to be knowledgeable in the issues at hand • arbitration disputes are private, as opposed to court proceedings which are usually public record The Revised Uniform Arbitration Act of 1962 allows the parties involved to amend requirements involved with the arbitration. Parties may agree to allow more or less discovery. The provisions of arbitration are generally flexible if all parties are in agreement, but can not be in violation of existing laws. It is important to realize that any award made in arbitration is usually very hard to overturn, unless it is in clear violation of the law. Before signing a contract or agreeing to settle a dispute with arbitration it is vital that all parties involved know what the terms of arbitration will be in the event of a dispute. Generally arbitration is a less expensive and more flexible and overall more agreeable way to settle a dispute. Just remember that the end results are difficult to alter.


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If you don't receive a summons or any documentation regarding a pending lawsuit by a collection agency how do you know if it's really true?

If you are being sued, you will always receive a summons. Sometimes it is delivered by a process server sometimes by registered mail. A collection agency telling you, you are being sued, does not necessarily make it fact. Only attorneys can file suit and they have to adhere to the state laws where the person resides. A collection agency cannot sue you regardless of what they claim. Sorry, I should add you need to be aware of the difference in collection agency and collection attorney. For instance Mann-Bracken LLC, are collection attorneys and/or arbitrators. They can initiate a lawsuit.


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