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In Too Deep

I was called by Fred J Hanna law firm some guy said he was a bank of america lawyer and that i would be sued if i did not pay right away.

I told him that i was a lead plaintiff in a class action lawsuit against fred Hanna. He hung up on me

Posted: Thu May 10, 2007 5:18 pm Subject:

When you get the call next time, ask the lawyer to validate your account. He should be well aware of the fdcpa. If he tries to violate the laws, record the conversation after checking your state laws. This evidence will prove helpful if you want to take the legal way and sue them for FDCPA22 violations.

Go through this link. It's very informative about how to handle the collectors and attorneys.

http://www.debtconsolidationcare.com/handle-collectors.html

Posted: Thu May 10, 2007 6:06 pm Subject:

How do we know he was really an attorney--and not just a collector? Sounds like collector behavior to me!

Posted: Thu May 10, 2007 10:41 pm Subject:

I agree with kscornell, and it sounds like extortion to me. Obviously you must have an attorney, so he should not have been calling you. Report this to the attorney, they are only digging a deeper hole for themselves it seems.

Posted: Fri May 11, 2007 5:18 am Subject:

If you are indeed a plaintiff in this class action,that lawyer violated code of conduct by contacting you instead of your attorney.If he was a collector,then he violated several sections of fdcpa by contacting you instead of your counsel.Contact your lawyer and inform him/her of phone call.They may be able to add these charges with an amended complaint.

Posted: Sun May 13, 2007 3:33 pm Subject:

I've had two recent cases against Fred Hanna & Associates. The non-lawyer debt collectors also stated they were lawyers and committed numerous other violations. There are some inherent violations in threats of legal action from Fred Hanna's collectors. From talking to Fred Hanna, he told me he does not actually file a case against people, at least not in Texas. Here, he always hires a local firm to bring th e suit. Therefore, one of his collectors claiming to be a lawyer and threatening legal action constitutes 2 violations of the fdcpa and local laws.

Posted: Sun May 13, 2007 4:10 pm Subject:

So it just goes to show ya, take everything these places say with a grain of salt. Don't believe it until it's proven! Thanks, Texaslawyer for confirming what I thought.

Posted: Thu May 17, 2007 12:52 am Subject:

If only I lived in texas I could record these crazy collectors

Posted: Thu May 17, 2007 1:47 am Subject:

You can still record them...just follow the appropriate laws.

Posted: Thu May 17, 2007 1:52 am Subject:

where can i find what laws are for me in California?

Posted: Thu May 17, 2007 4:21 am Subject:

California is an "all party" state. This means that all parties in a conversation must give permission for the call to legally be recorded. There is an exception--that exception is that one party may record the conversation without the other's consent or knowledge, but only if the other party is committing a crime.

The only way I can think of for you to legally do this is to set up a recorder on your phone. Then, when the CA's call, speak to them. DO NOT RECORD. That is, do not record unless they begin breaking the laws. Once they start breaking the law, you already have knowledge of them committing a crime--at that point, I think you can safely hit the record button and record them continuing to break the law.

As in any such situation, you should really consult an attorney to cover yourself before doing this. The above post is only my opinion, please dont take it as law without checking to see if it would be permissable.

Good luck and keep us updated.

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