Legal Question in Credit and Debt Law in Georgia

Do now what you should have done in 2008. See a lawyer.

Uh oh - I bet this is from Mann Bracken which went bust in 2009. Many of the old Mann Bracken attorneys are now at Frederick Hanna Law Office ... another sum-sucking bottom feeder if you ask me. So it could be that the debt is there.

They did tell you about the judgment. In order for LVNV to get a judgment, they had to first serve you with a complaint. If they used a wrong address, then perhaps you can try to claim lack of notice. However, you do not have any defenses that I can see if this was your debt, other than lack of notice. The statute of limitations is 6 years as per a 2008 Georgia appeals case, so if the onoly thing you have is lack of notice, it may not be financially worthwhile for you to pay a lawyer and make them do it all over again and still be stuck with a judgment.

Your best bet is to try and work something out, either with a lawyer or on your own. I am willing to help for a reasonable fee, but if you want me to do the legwork, then you will have to pay me.

If you want to do the legwork, my suggested starting point is the judgment. If this is an LVNV debt, then contact LVNV and provide as much information as you can - date judgment was entered, creditor's reference number, etc. See if they can track it down in their files. They may still have it or could have sold it to someone else. Doubtful that they returned it to Citibank, but you can always try them as well.

Also, who was the attorney that handled it? The GA Bar has a membership directory. You can look up the lawyer for free online. Even if he or she is at a new firm, he/she may be able to tell you what happened to the files from Mann Bracken. Or you can just wait. The debt will resurface eventually but if you need to get the lien off now, then you are going to have to find the owner of the judgment.

The only way to remove the lien is to have the judgment marked satisifed by settling the debt. You can use one of the methods I outlined to track down this account. Once you find the owner, then you can begin to negotiate. Many creditors will agree to settle the debt for 50% to 80% of the full amount, depending if you can pay in a lump sum or a couple of payments. If you can pay, it is important to get the terms of any agreement in writing BEFORE you pay. Once the judgment amount or settlement amount is paid, the judgment creditor musst have the judgment marked satisfied.

Feel free to contact me if you need further assistance.

Rachel Hunter

Attorney at Law

[email protected]

(678)-687-9693

Admitted in GA, PA & NC

PS - you might also be able to go to the clerk of court and pay this directly if you wish. You will have to pay the full balance plus accrued interest if you do this. Upon payment, the clerk should mark the judgment satisfied. However, I would not recommend this if you are looking to settle for less.