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Debt Collector Called Me and I told them

Date: Thu, 05/10/2007 - 17:10

Submitted by anonymous
on Thu, 05/10/2007 - 17:10

Posts: 202330 Credits: [Donate]

Total Replies: 10


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


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


lrhall41

Submitted by onelamb on Thu, 05/10/2007 - 17:18

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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.


lrhall41

Submitted by cajunbulldog on Fri, 05/11/2007 - 05:18

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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.


lrhall41

Submitted by texaslawyer on Sun, 05/13/2007 - 15:33

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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.


lrhall41

Submitted by skydivr7673 on Thu, 05/17/2007 - 04:21

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