VICTORY!!! I received a summons from this slimeball back in Nov. 2009. I sent my answer before the 30 days expired, denying any responsibility for that debt until I had proof. I had all my documentation and knew that they did not. I requested every receipt for every purchase ever made, every receipt for every payment ever made, an itemized list of every fee and all interest, plus how much THEY paid to acquire the debt.
I knew Cap 1 had charged it off over a year ago, and it had already been to two different collections agencies, so I KNEW Hanna was NOT representing Cap 1 as a client. No way did they have the documents I requested, so I was prepared. They replied to my answer with a form letter stating that if I would call them, perhaps “their client” would be willing to work out a suitable settlement offer. Suitable for whom? I called in response to their letter and asked if they were prepared to send me the documentation I requested. She answered that this was only magistrate court and they didn’t “do discovery”. I replied that I expected to see all documentation when I saw them in court.
I showed up to find that out of 20+ defendants they were ALL being sued by Hanna, ALL for credit card debt. Only seven defendants showed up, so the rest lost to this scumbag by default. Their attorney had cases in the adjoining courtroom, so the judge called for them to send in another case for him to hear while we waited, and encouraged all defendants to go outside and seek mediation. After the first case ended nearly three hours later, I was the ONLY defendant still in the courtroom. The judge asked me if I had gone to mediation, and I replied that I was NOT THERE for mediation, but to try my case.
He sent the deputy to find the plaintiff and took a short recess. Soon the deputy returned with a “partner”, so I took my manila folder and walked to the front to sit down at the table. The partner walked to the front, began hastily signing some papers and said “Your honor, we are voluntarily dismissing all charges against the defendant.” You could have knocked me over as I never even had to open my mouth. He handed me a copy of the dismissal, and said “Sorry you had to wait so long.”
I replied, “I guess three hours of my time was worth the $1400 you were trying to get out of me.” And I walked out. Downstairs I encountered another young man who had also been in the same courtroom, and he said he did not even go before the judge and had won his case. Evidently in mediation they signed dismissal papers, because he too had done his homework and had a file of paperwork and they knew it.
We both were jubilant, but felt sorry for all those other poor souls who agreed to sign on for many more months of payments, when all they had to do was look for information. I am out to freely help ALL who want information so we can put an end to this dismal business that preys upon the poorest of the poor. One day soon there will be justice.