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Expert: - 10/17/2008


Question
I'm being sued by Mann Bracken (Target Visa).  Today I filed a "general denial."  
Can I include this cc debt in my debt consolidation program?  Will Mann Bracken
even consider negotiating w/ my debt consolidator now?

Answer
Connie:

Hope all is well.  First, I would like to say good job for answering the lawsuit by filing a general denial as opposed to just defaulting as the majority of consumers do.  

To answer your first question, yes you can include this in your debt consolidation program, but Mann Bracken does not have to accept this.  If they already went through the trouble of paying to file a court case, I doubt they are interested in having payment dribble in from a debt consolidation company.  I am not a big fan of debt consolidation companies.  Consumers are better off negotiating the debt themselves, filing for bankruptcy if they have over $20,000 in debt and are eligible for a Chapter 7 or hiring an attorney.  

Your best bet is to continue to fight this collection case.  In your Answer be sure, in addition to the general denial, that you have all the relevant affirmative defenses as well.  These would include:

1) That the Plaintiff lacks standing.
2) Plaintiff's claim is barred because The Statute of Limitations as expired.
3) Plaintiff has failed to obtain personal jurisdiction over you.

Hope this was helpful.  If you have any other questions about what I wrote or need help walking you through defending this claim, please do not hesitate to call.

Jason Shear, Esq.
NY Consumer Attorney
(716) 566-8988

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Jason Shear, Esq.

Expertise

I can answer questions for residents of New York and New Jersey regarding creditor harassment claims under the Fair Debt Collection Practices Act (FDCPA); credit reporting errors under the Fair Credit Reporting Act (FCRA); debt collection defense/credit card defense; student loan law; and consumer class actions. I can also answer questions relating to consumer debt defense/collection agency defense, specifically pertaining to consumers being sued or harassed by collection agencies or NY collection attorneys. If you live in New York and have been contacted or sued by firms such as: Mel Harris & Associates, Forster & Garbus, Rubin & Rothman, Choi Law Office, Lacy Katzen, Malen & Associates, Solomon & Solomon, Daniels & Norelli, Cohen & Slamowitz, Pressler & Pressler or others; give us a call at (716) 831-1111.

Experience

I have obtained settlements for consumers in NY and NJ under the FDCPA and FCRA. I have successfully defended consumers who were sued by collection agencies/debt purchasers in the New York State courts. Visit our website at: www.brentandshear.com

Organizations
National Association of Consumer Advocates (NACA) Brent & Shear, P.C. Consumer Attorneys 3957 Main Street, Second Floor Buffalo, New York 14226 (716) 831-1111

Education/Credentials
BA/BS, Accounting & Political Science, Hunter College. Juris Doctor, Univ. at Buffalo Law School. LLM (Criminal Law), University at Buffalo.

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