Ever heard of "FREDERICK J hANNA AND ASSOCIATES ?

What everyone else is saying is true. Have as little contact with FJH as possible. I NEVER spoke to anyone on the phone and I NEVER responded to mail. (They never sent me certified mail, so they had no proof of if I ever received any from them.) They sued me, we went to court, they did not have the proof. I did not admit to anything, although she sure tried to get me to. They did have my original contract with the original creditor, but no statements or proof of how they arrived at the sum they were suing for.
I was given a Voluntary Dismissal WITHOUT Prejudice form. I wish I had known better. This means that they can turn around and sue me again tomorrow. I should have demanded a Voluntary Dismissal WITH Prejudice. This would mean they are barred from ever litigating against you for that particular account again.
This just happened today. I will let you know if I hear more from them.

I had two cases in which Hanna sued me last September in Magistrate Court in Cobb County, Georgia. The "mediation/negotiation" went like this: Hanna Atty: "What can we do here?", Me: "You can dismiss both cases."

I never answered any communication I received from Frederick J. Hanna and never requested any information.

Just because someone says you owe them something doesn't make it so. The burden on them is to prove you owe the debt. Don't make it easy by providing evidence that proves this. A court has to decide that you owe a debt, not a scam artist collector.

They have to have a witness testify to introduce evidence to the judge. The court is not going to simply going to take the atty from Hanna's word for it.

In Cobb Co. they did a roll call of the cases on the docket the morning I was there. The judge asked for each party to identify themselves and inform the court how many witnesses they had and how long it would take to present the case. The atty for Hanna was not just fat and stupid, he was a liar. For at least three cases he said he had one witness. I sat in the courtroom the whole time, even after my cases were dismissed. He did not have one single witness available and the guy responded for at least 12 cases.

My advice to all (in the state of GA) that receive anything from Frederick J. Hanna is not to respond to them at all. Go to court and make them prove everything because without a witness, they can't prove anything.

Going against them on my wife's behalf tomorrow.
Would like to thank you guys for your info.

Will they ever consent to a Voluntary Dismissal WITH prejudice?
We want this to go away for good, and not have to keep repeating the cycle.

Thanks!

Received a summons from them in Nov, my atty answered it in the Clerk's Court office with DENY. 2 wks ago received a JUDGEMENT stating we never filed an answer??? OMG wth?

Call your attorney asap. Somebody screwed up - either your attorney or the court.

Good luck!

Hi All,

I'm being sued by a Collection Agency (I assume?) who states they are the assignee of the credit card company. The complaint was done in my county (4 hours away from Marrieta) by one of the lawyers at Frederick J Hanna. So do you believe they would have the proof and... My credit report shows the amount owed and that the OC "Transferred to another lender or claim purchased" and I show the new collection agency put a hit on my credit report and it shows the amount they are wanting on the court documents (amount plus interest and court fees)....

I'm filing an answer and denying everything but my address...
The complaint (paraphrased and edited):
1) Defendant lives at such address and can be served there
2) Defendant entered credit card agreement with the OC identified as CC # xxxx. Defendant received and used card.
3) Defendant breached teh credit card agreement and failed to pay as agreed leaving debt of $ $,$$$
4) All rights and title to defendant's credit card account were legally assigned to Plaintiff in writing
5) Despite demand defendant has failed to pay
6) Defendant is liable for sum plus court costs

How do you go about answering 4,5 and 6? I know #1 I just state admit. #2 I state deny and that I need proof of entered agreement and use and also for (which the credit account they list is not the credit account that was the actual account number) #3 that I need proof of the agreement I signed and documents of use.

Its a long story about this card, I was not the one who made the charges and am not able to go after the person who did. So just trying to get this figured out.

Thanks,

Ok, on my answer to my complaint, I admitted in part that I did have an account with Capital One, but denied that this was the correct account in question. Do you think I screwed myself over? Or do you think I still have a chance of getting my case dismissed? I am in GA and my hearing is late October???

The Marshall delivered the complaint from the Civil Court of Richmond County. Plaintiff is Capital One vs My Hubby. Frederick J. Hannah is listed at the bottom as the attorneys for the plaintiff. Signed by Louis R. Feingold.

1. States that my husband is a resident of Richmond County
2. States that my hubby owes plaintiff ?amount, plus pre-judgement interest of ? amount, plus interest on said principal per annum at the legal rate established under Ga. law plus attorneys fees of ? amount.
3. States that basically he has 10 days to pay it all except attorneys fees or demand judgment pay it all if not paid in 10 days.

Attached are 3 pages of a Capital one card agreement and an arbitration agreement as part of the Capital one agreement. Handwritten on one of the pages is "Cap 1 4/1/05-6/30/08". There are no signatures, statements or original contracts. The final page is a Summons to answer with the Clerk of Courts.

I've read through and just want confirmation that he is right to fight.
Also, does Civil Court mean that we should get a lawyer?
What is the SOL on credit cards debt anyway (not for him for me)?

Thanks in advance!

I live in GA and was served by Hanna and Associates for a Capital One account.
In Georgia, or at least in my county, people being sued must have a court mediation to see if we can work it out without a hearing. We had ours on Wednesday. The lawyer said he can do $xxx amount with $xx/month payments. I told him I cannot and will not make those payments. He then pulled out a copy of the generic Customer Agreement(that several of us have seen) with no signature on it, but with the phrase "cap 1 4-1-05 to 6-30-08" written in pen in the top right-hand corner. I told him I want to go to the hearing next week. He then said he had some statements. He then pulled out a Capital One photocopied "statement" that had a name on it that may or may not be mine. It only had the amounted owed on it. Nothing saying when or if the card in question was used. He said, "You should really just set up a payment arrangement because of this." I looked at it for a good 10 minutes before saying, "Let's just go to the hearing." He then said, "How about this. I am able to cut it down to $yyy.yyy with $yy.yy/month payments." If he is able to cut it down just like that, I'm sure he could go lower. I looked at him and said again, "Let's just stop wasting time. I'll see you Wednesday for our hearing." I'm pretty sure from what I have read here that due to the agreement having some clause about the agreement being based on VA's statue of limitations. I think the SOL in VA is 3 years. I'm doing research still. If that is so, shouldn't the court dismiss it? My other concern is the photocopied "statement" their lawyer had. I don't feel that is enough to prove I owe a debt. In my answer, I added my affirmative defense. It stated this as my D:
1. Lack of Privity with the plaintiff.
2. Unjust Enrichment
3. The plaintiff is not the real party interest and has failed to name all necessary parties
4. Plaintiff fails to state a claim
5. Plaintiff failed to provide any contract or agreement bearing a signature of the defendant nor any itemized statements or billing of debts
6. Plaintiff failed to provide proof of a relationship between themselves and the alleged original creditor and the authority of the plaintiff to collect the debt on behalf of the original creditor.
I had a couple more defenses listed, but I can't remember at the moment. Should I worry? I am going to ask the FJH lawyer for a voluntary dismissal with prejudice on Wednesday before the hearing anyways. Also, thanks for forum. While this is the first time posting, I have followed it. I wouldn't have made it though mediation without you all. So, thanks!
- notasimpleway
Edit: Also, I noticed the list of cases for that day had several Cap1 cases by FJH. But none of them were consistent on how Capital One was listed as the plaintiff. The papers I was served with say, "CAPITAL ONE BANK (USA), N.A." while others were "CAPITAL ONE" and "CAPITAL ONE BANK". You would think they would use the same name for plaintiff since they seem to "represent" Cap1 all the time. This just reminded me of this guy that kept getting sued, but they were all dismissed because the name(s)/business(es) listed were wrong. I know it's the plaintiff and doesn't matter most likely, but still. If you're gonna sue, get your name(s) correct.

This forum has been so helpful.... I have been served (kind of) by Hanna and I am filing my answer today. I am a collections paralegal and I work for a firm that does collections - i file these kinds of complaints in magistrate court all the time....first of all - I was served with the notice and summons - NO COMPLAINT...so technically the service was invalid. I had to call the clerk at Magistrate Court to get a copy of the Complaint. Good thing they know me up there...lol. Then I noticed on the summons - it said in all caps MUST FILE ANSWER IN PERSON....ok...not true. They are hoping they will bully you into not answering so that they can file for a default judgment against you. Feel free to mail in your answer to the court - no "in person" necessary. sheesh. They use the same notice and summons form as our firm does- just really shady in the manner it is filled out...the complaint was vague...as was the affidavit from the collection company...When I file suit against a debtor I am required by my attorney (boss) here to attach a SIGNED copy of agreement or contract of debtor and itemized invoices and statements as exhibits. If collection attempts have been made (always have before suit), I am also required to attach to the complaint copies of all certified letters and certified mail receipts of those collection letters as exhibits to the complaint. No one likes a debt collector - and it shames me to see such slimy tactics being used and I am glad to say I work for my guys who are FULL of respect and integrity. Now off to court I go to fight these idiots myself (I would die if my bosses knew...heheheh) .....wish me luck!

Ok I have been checking the boards for the county clerks office and I have notice that the there is a court date for civil court with Peremptory Calendar showing as the event description. What does this mean? I am planning to show up. I am also warning after the court date if judgement is made can I file for chpt 7 after the fact.? Please help.. the court date is creeping up. Thanks

This thread has been an answer to my prayers. I received a court summons from Hanna stating I owed a debt from 2005! They said my last payment was 8/2006. I answered the court with a denial and requested written documentation that this was a valid debt. I have received two duplicate letters with nothing but a balance, account number, and CIT BANK listed as the original creditor. I have no knowledge if this creditor or midland funding who bought the debt. Should I just sit tight and wait for a court hearing to demand written evidence, or should I send them a third letter that states I have still not received sufficient evidence and a sworn denial?
Help!!

I thought that Fred Hanna and his bunch had been run out of business?

How long can these guys keep callin you? How should I deal with these guys if I never answer the phone? Can they still garnish my wages or summon me?