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Does anyone know about this law firm Hunt & Henriques in San Jose?

Date: Thu, 11/27/2008 - 19:47

Submitted by vista.lee
on Thu, 11/27/2008 - 19:47

Posts: 43 Credits: [Donate]

Total Replies: 100


Hi everyone
Does anyone know about this law firm, Hunt & Henriques in San Jose, CA.

They said this in the letter, "If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to satisfy your account"

If they are serious of suing me, can I file bankrupt. When is the best time to file bankrupt? I'm actually in a settlement program with "Solve Debts" located in San Francisco. 4 of my accounts has been threaten with this kind of letters. If they do sue, I really want to file bankrupt. My credit history is nothing to me anyways. I'm not buying houses and new cars. I'm just afraid of that they do wages garnishment. Thats why I like to file bankrupt. Any advice.


If you haven't filed bankruptcy yet, then you can. I am not overly familiar with the bankruptcy laws but I think there is a chapter 7 and a chapter 13. Someone should come along who knows about this better then I.

The statement the letter made sounds like a threat to me. Is this the first letter you have gotten regarding this account? If it is, they may be in violation since any letter asking for payment of a debt must, by law, have the little disclaimer about having 30 days to dispute the validity of the debt and also the notice that the letter is from a debt collector. Even if it is a law office, if they engaged in the collection of this debt then they have to follow the collection laws (don't let them tell you any different).

You mentioned you were with a debt settlement company, have you spoken to them about this debt? Have they helped you with any other debts of yours?

There is alot you can do on your own, as it is your legal right to request validation from -anyone- who demands money from you. Bankruptcy should be a last resort.

This account the letter was about, what type of account was it and when was the last time you paid anything on it?


lrhall41

Submitted by goldenbast on Fri, 11/28/2008 - 00:05

( Posts: 2884 | Credits: )


Michael Scott Hunt
State Bar Attorney Search
#99804 California
Admitted to the bar in 12/1/1981

Janalie Ann Henriques
State Bar Attorney Search
#111589
Admitted to the bar 12/12/1983

They show an address 151 Bernal Rd #8
San Jose, California 95119
408-362-2270

They are listed in Palo Alto California as Bankruptcy Attorney
and are listed as ProBono attorneys

They have the best of all worlds it seems. I have found them very difficult to work and they seem to know they can take advantage of people who do not know the law.

Hope this helps.


They have an office in San Martin no physical address


lrhall41

Submitted by anonymous on Mon, 04/20/2009 - 11:38

( Posts: 202330 | Credits: )


Yes they are a real law office and they can and will sue.[samebox:e1568a0520="paulmergel"]this person must work for them.if so then if you violate the FDCPA you can and will be sued.[/samebox:e1568a0520]


lrhall41

Submitted by anonymous on Tue, 04/21/2009 - 19:51

( Posts: 202330 | Credits: )


So far this is the third time in the last five years, they've sent me what looks like legal documents. My bank laughs and has not frozen any of my assets. According to my records the statue limitations has expired on my debt. Besides that I settled that debt with another collection agency years ago that company never sent me a receipt. This is a company who the public has not made enough complaints about. I would recommend writing letters to the California State Bar and the California Attorney General's office.


lrhall41

Submitted by anonymous on Thu, 04/23/2009 - 13:56

( Posts: 202330 | Credits: )


I just came across some paperwork from this company from 2001, they do not follow up with the courts in filing the final paperwork if you pay off a debt with them. I also filed a compliant against this firm with the Better Business Bureau b/c of the lack of follow through.


lrhall41

Submitted by anonymous on Fri, 06/12/2009 - 21:49

( Posts: 202330 | Credits: )


I DON'T BELIEVED THEY SERVED US.IT WAS SO LONG AGO
WE WERE UNAWARE OF THE JUDGEMENT UNTIL IT SHOWED
UP FOUR YEARS AFTER IT WAS FILED.
THEY REPRESENT FIRST SELECT WHO COLLECTED FOR PROVIDIAN AND OTHER CREDIT CARDS.
I AM LOOKING FOR ANY CLASS ACTIONS AGAINST ANY OF THESE PARTIES IN REGARDS TO PROOF OF SERVICE.I BELIEVE
THEY FAKED PROOF OF SERVICE AND OTHERS WERE SUCKER
PUNCHED THE WAY WE WERE.
I ALSO THINK WE NEED TO CHANGE THE PHILOSOPHY AND PROCESS ALOWED IN COLLECTION PRACTICES TO LEVEL THE
PLAYING FIELD.
THEY WERE REASONABLY BAD BEFORE THE BUSH DE-REGULATIONS BUT NOW THEY ARE BIZZARRO WILD WEST!
THERE REALLY HAS TO BE A LIMIT ON THE USURY AND ALSO
THE JUDGEMENTS THAT CAN BE ENTERED


lrhall41

Submitted by anonymous on Fri, 07/24/2009 - 23:14

( Posts: 202330 | Credits: )


This is what I have sent to them and other agents or agency that have tried to extort funds. This is proven that they will
not bother you again.

A Friend.


August 4, 2009 Certified Mail:



Michael S. Hunt
Janalie Henriques
Attorneys at Law
101 Bernal Road Suite 8
San Jose, CA 95119-1306

RE: PUT IN NAME OF CREDIT CO &
Account No.

Dear Mr. Michael Hunt & Janalie Henriques:

This letter is in response to your ???presentment??? to YOUR NAME dated July 24, 2009.

It can be proven that YOUR NAME never entered into any lawful and binding agreement with NAME OF CREDIT CO., or any of its agents or assigns.

Your claims of the necessity of payment of any type by YOUR NAME are false and unwarranted. Any further attempted contact whatsoever with Your name will be met with an immediate filing of criminal charges including but not limited to violations of California harassment, stalking, and libel laws.

Respectfully,



YOUR NAME


lrhall41

Submitted by anonymous on Thu, 08/06/2009 - 10:03

( Posts: 202330 | Credits: )


I received a letter from Hunt&Henriques about three months for a debt from Citibank
for $2300. that i owed which stated they will file a lawsued if i would not pay. I been working with Fidelity Debt Solutions who almost guaranteed they would not filed. They were wrong i received a Summons which i have to answer within 30 days and i have to paid a $205.00 fee just to answer to the court. Meanwhile weird I received
another letter from Hunt&Henriques asking me to settle for a final payment of $1495.00 before we go to court!!.Now my suppose Fidelity Debt Solution program that I am in said that they would try to lower that payment?? I dont know about this company!! But i will settel for this amount.


lrhall41

Submitted by anonymous on Thu, 09/10/2009 - 11:25

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
This is what I have sent to them and other agents or agency that have tried to extort funds. This is proven that they will
not bother you again.

A Friend.


August 4, 2009 Certified Mail:



Michael S. Hunt
Janalie Henriques
Attorneys at Law
101 Bernal Road Suite 8
San Jose, CA 95119-1306

RE: PUT IN NAME OF CREDIT CO &
Account No.

Dear Mr. Michael Hunt & Janalie Henriques:

This letter is in response to your ???presentment??? to YOUR NAME dated July 24, 2009.

It can be proven that YOUR NAME never entered into any lawful and binding agreement with NAME OF CREDIT CO., or any of its agents or assigns.

Your claims of the necessity of payment of any type by YOUR NAME are false and unwarranted. Any further attempted contact whatsoever with Your name will be met with an immediate filing of criminal charges including but not limited to violations of California harassment, stalking, and libel laws.

Respectfully,



YOUR NAME

I tried the letter....it didn't work. They are still calling and sending someone around to serve papers. Now what??


lrhall41

Submitted by anonymous on Thu, 09/10/2009 - 11:57

( Posts: 202330 | Credits: )


If they take you to court, fight it. Make sure you file a Motion for Discovery (ask the court how). This is where they have to spell it out and prove that the debt is yours and they have the legal right to collect it.
See: "http://www.nedap.org/hotline/court.html" for details on the civil court process.

Also see "http://www.nedap.org/hotline/defenses.html" for a list of common defenses. Note especially Defense #7 in your case. It is for New York and so may vary in minor details with your state. For the proper forms, Google your local county civil court. If they are not helpful, try the state court.


lrhall41

Submitted by Chrys Henderson on Thu, 09/10/2009 - 21:08

( Posts: 2538 | Credits: )


Thanks for the information. The debt is over 4 years old for the state of California, hence I believe it is past the statute of limitations. I never received any debt validation information from them; just a dunning bill that says pay "x" amount or we will sue you. My understanding is that this "law firm" buys old debts and bullies people into paying an outrageous amount beyond the actual debt. The won't send any validation info., just a bill and demand to pay along with serving papers for a suit. They have violated the rules of conduct and of non-harrassment.


lrhall41

Submitted by anonymous on Sun, 09/20/2009 - 14:09

( Posts: 202330 | Credits: )


In reponse to Lost, I think you should talk to a good lawyer who specializes in consumer credit/debt matters. The first consultation should be free and you will know exactly what your options are. I am a lawyer, but I don't specialize in creditor/debtor matters, though I have done plenty of work in this area.
While I can't give you specific legal advice on this type of forum, I can tell you that you are correct in that applicable statute of limitations for breach of a written contract in California is 4 years from the date of breach. I don't know what type of debt this arises from, but assuming it is for some type of consumer credit, like a credit card or other installment agreement, it would be based on a written contract. Calculating the exact date when the statute expires can be a bit tricky, but normally it goes back to the date when you first defaulted by failing to make the required payment. It is NOT 4 years from the date the debt was incurred (ie. the purchase)Howerver, be careful, because if you subsequently make any payments, each payment restarts the the 4 year clock! This is to allow a creditors time to make an agreement with you to pay over time, without worring that you will just stop paying after the 4 years expires. So, one of the sneaky tactics that slimy collection firms/agencies use is, 1) they buy old (essentially worthless) debts for pennies on the dollar, and 2) they try to get a payment from the debtor - any payment, because if you send them even 1 dollar towards this old debt, you have inadvertently restarted the 4 year statute of limitations again, so even if they couldn't sue you before, now they can. Sometimes their tactic are deceptively nice, "just send us $10 and we'll get you on an affordable payment plan. We'll work with you!" Others will try to threaten you into making any payment to restart the clock.

All collection agencies, and lawyer/firms which handle collecion cases, are subject to state and federal laws governing their practices. As another poster correctly stated, you have 30 days to demand written verification or proof of the underlying debt, from the date you receiver their inital dunning letter. Your demand for verification must be in writing, not over the phone, and you should send it certified, return receipt, so you can prove you sent it and exactly when they received it! Once they receive your written demand for proof of the original debt, they must stop all further attempts to collect from you, UNTIL they provide you with written proof of that debt, or they are in violation of the Fair Debt Collection Practices laws. If they failed to notify you of these rights in their first dunning letter, they have again violated the Fair Debt Collection Practices laws. The penalties for violation of the FDCPA can be very stiff, certainly enough to scare the crap out of the the collectors. Lawyers are also subject to dicipline by their State Bar. Please review the web sites below and if you believe they have violated these laws, you should have no trouble finding a good lawyer to sue them for these violations, on a contingency fee basis, meaning that you would not have to pay any attorney's fees, unless and until your lawyers actually collected from the collectors. :)

For specific information on the Federal and California Fair Debt Collection Practises Acts, please check these sites to start your research:

California Attorney General http://ag.ca.gov/consumers/general/collection_agencies10.php

Federal Trade Commission Info
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre18.shtm

And if you really want the details, the full text of the federal statutes is here
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf

If you are reasonably sure that the 4 year statute of limitations has expired, and this law firm is still trying to collect from you, you have at least 3 options:

1) Do nothing. Most importantly, don't make a payment, no matter how small, or you will restart the statute of limitations. If they do sue you, which is unlikely if they realize the satute has expired, then you will need to file an Answer in court within 30 days of being served, making a general denial and asserting the statue of limitations has expired. It's a good idea to get a lawyer at this stage, since the may be able to defend you successfully and bring a claim on your behalf against the bad guys;

2) Fight on your own. Often a well written letter from you, demonstating that you are aware of your rights under the FDCPA, and itemizing their violations of it, is enough to force them to just stop breaking the law, and never bother you again. If you write to them, be polite, and professional. Remember, you are really writing to the judge, and you want them to know that you are making a record for the judge, who is going to decide their fate by looking at their conduct and well as yours. If you have previously demanded verification of the alleged debt, I would start by documenting that you have previously demanded but have not received written proof of the alleged debt from them, in violation of the Fair Debt Collection Practises Act (15 USC Section 1692g). Do your researce on the various violations, then simply go through as itemize each violation, including that the statute of limitations has expired, and therefore, their threat to sue you is a fraudulent missrepresentation (also another violation of FDCPA). Close with a short statement asking them to immediately stop all further collection efforts and advise them that if they take any further steps to collect from you and/or to damage your credit or reputation, you will turn the matter over to your attorney to pursue your remedies under the FDCPA and file complaints with the Cal. Attorney General, Federal Trade Commision and Cal State Bar.

3) Consult with a lawyer (or better yet, several). If you can document the facts regarding the alleged debt, and each of your contacts with the collectors, with dates and specific acts, it will make it much easier for the lawyer to evaluate your case and give you your options. The easier you make it for your lawyer to defend you and to build a case against the collectors, the more likely it is that he/she will agree to represent you without charging you any fees or costs up front. Additionally, once your lawyer has contacted them, they can't bother you directly anymore, they have to deal with your lawyer (yup, that another violation).

Hope this helps, good luck!

WARNING: LEGAL DISCLAIMER. The foregoing is neither intended, nor should it be relied upon, as legal advice. Your legal rights and duties are unique and can only be evaluated by a qualified licensed attorney, based on your specific facts and circumstances.


lrhall41

Submitted by anonymous on Mon, 10/19/2009 - 17:58

( Posts: 202330 | Credits: )


I have been recently served with a civil complaint by Hunt & Henriques for a citibank credit card debt too, and a week later was sent a letter offering a settlement amount that I couldn't afford. I am in the process of answering the civil complaint. I have called the court to find out if they filed proof of service and there is nothing in their computers yet. Even if they get a summary judgement, I still have options. I wouldn't file bankruptcy until you exhust all other options. It's a lot harder to repair your credit and you might need it someday. A great site to get info and advice is creditinfocenter.com.
Good Luck


lrhall41

Submitted by anonymous on Wed, 11/18/2009 - 16:51

( Posts: 202330 | Credits: )


Most of this information is useless... these people are SCUMBAGS - i.e Hunt & Henriques. They do NOT care about what it the law, what is right - ALL they are focused on is scaring the heck out of you, suing you, and getting YOU to PAY them money (you don't have) that they do NOT lawfully have the right to. H&H and ALL the other 3rd Party Debt Collectors have PURCHASED debt for pennies on the dollar...i.e. you (allegedly) owe Citi 10K... H&H purchased that "debt" for about $600, then they harass you to collect - saying they've been "assigned" the account (note: such accounts cannot be assigned to anyone)... Even if you "settle" for $5k, H&H makes a huge profit. The real rub comes that H&H will SUE YOU, giving the appearance that Citi is suing you...the Summons and all court docs say Citi on it - even though it simply CANNOT be Citi - since they have "charged off" the account. In the legal world, it is assumed that the law firm and bank are connected, simply because they claim to be - my extensive homework on this subject indicates that said "claim" is a major fraud being perpetrated across the US right now.

You can request Discovery docs and validation all day long - they will never comply, because they don't have to - they can steamroll over you all day long in court and the judges don't care (at all!) about your rights to due justice.

IF you can find a way to FORCE H&H to validate that they are in fact a CLIENT of Citi, you may have something. They are committing high fraud - there MUST be a way to stop them - many people have, but it's a numbers game for them and momentum (and fear) is on there side.

Keep on - good luck.


lrhall41

Submitted by anonymous on Wed, 12/02/2009 - 06:59

( Posts: 202330 | Credits: )


Just a quick reply...all information is useful...it just takes awhile to sort through it. Additionally, a summary judgment against H&H for violating FDCPA is in a published decision: Rogerio Valdez v. Hunt & Henriques 2002 WL 433595 (ND. Cal 2002). This is not an endorsement, and I know nothing about this law firm, but, the class action suit was handled by Simmonds & Narita, LLP, a San Francisco law firm.


lrhall41

Submitted by anonymous on Mon, 12/07/2009 - 11:31

( Posts: 202330 | Credits: )


:mad:Watch out, because they will leave papers on your porch or doorstep and not serve you legally. That happened to me and I was sued before I knew that the filed suit!!!! Didn't know I had a court date and of course didn't show up to court. That forfeited any of my rights to this company to garnish all my income which only consists of Social Security Disability and a Widow's pension. I have written a letter to the judge in the case and waiting back for response. Good luck! Wish I could help you more.:confused:


lrhall41

Submitted by anonymous on Sun, 01/03/2010 - 20:13

( Posts: 202330 | Credits: )


You need to file a response denying everything accept your address. In addition there are several defenses you can state from the Uniform Commercial Code, failure of consideration, to statue of Fraud. Next ask for discovery pursuant to the State rules of civil procedure. Ask to see how much was paid to purchase the debt.


lrhall41

Submitted by anonymous on Fri, 01/08/2010 - 21:03

( Posts: 202330 | Credits: )


I actually have a court appearance tomorrow, H & H are trying to sue me for a Citibank CC that was partially paid almost 4 yrs ago. I sent Citi. $30k and HH is trying to sue for $8k. They never sent me any letters, just received summons to appear, and I did, the judge set trial date for tomorrow. I will try and let you know the outcome.


lrhall41

Submitted by anonymous on Tue, 01/12/2010 - 17:15

( Posts: 202330 | Credits: )


Well my court appearance was this morning. I looked on the court calendar last night and didn't see my trial scheduled. I went this morning and walked in on a trial someone else was having - LOL. The bailef said my name wasn't on the schedule, so he sent me upstairs to the research dept. The woman there told me that H & H office had dismissed my case 2 days ago, she asked if I was informed of that, NO. So now H & H have until 2/25 to send in the request for dismissal in writting, or show proof as to why this case should be continued. My suggestion is to not call them at all. You will need to file a response in court about $200. but if the debt is old then you have the statue of limitations working for you. Most likely they bought your debt and may not be able to show proof. But as soon as you don't show up to court, you are responsible for the debt. Oh - by the way, they didn't send me any letters before the court summons or never tried to call me until they got my number from court docs. Good Luck


lrhall41

Submitted by anonymous on Wed, 01/13/2010 - 12:41

( Posts: 202330 | Credits: )


They are just trying to scare you into paying them anything at all.
When you call them, they ask for your social security number. Don't give it to them, as they just put it on the next notice as proof that you owe something. They are scammers, just trying to make you pay so it will "go away."


lrhall41

Submitted by anonymous on Wed, 01/13/2010 - 21:31

( Posts: 202330 | Credits: )


I received my dismissal paperwork from the court and the signed dismal papers from H & H. So I am good I guess until someone else tries to collect. I am very relieved. BTW I did pay the principal on this credit card 4 years ago which was 30k so I am not a deadbeat. The 8k was interest and late fees, it was from a failed business. I am still paying some bills on. I believe it is my responsibility to pay for money I was given. Just my opinion. Good Luck


lrhall41

Submitted by anonymous on Fri, 01/15/2010 - 17:25

( Posts: 202330 | Credits: )


They but old debts and judgements. Have been summoned to appear twice and my name never was on the court calender. Under the Federal Debt Collection Practices Act, you are allowed to challenge the validity of a debt that a collection agency states you owe to them. Use this letter and the following form to make the agency verify that the debt is actually yours and owed by you. Keep a copy for your files and send the letter registered mail.
Your Name
123 Your Street Address
Your City, ST 01234
ABC Collections
123 NotOnYourLife Ave
Chicago, IL
Date:
Re: Acct # XXXX-XXXX-XXXX-XXXX
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me on September 30, 2002). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.
This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.
Please provide me with the following:
??? What the money you say I owe is for;
??? Explain and show me how you calculated what you say I owe;
??? Provide me with copies of any papers that show I agreed to pay what you say I owe;
??? Provide a verification or copy of any judgment if applicable;
??? Identify the original creditor;
??? Prove the Statute of Limitations has not expired on this account;
??? Show me that you are licensed to collect in my state;
??? Provide me with your license numbers and Registered Agent;
??? Prove the name of the current owner of the debt
At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau???s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:
??? Violation of the Fair Credit Reporting Act
??? Violation of the Fair Debt Collection Practices Act
??? Defamation of Character
If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.
Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.
If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.
I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.
It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.
Best Regards,
Your Signature
Your Name


lrhall41

Submitted by anonymous on Wed, 01/27/2010 - 22:25

( Posts: 202330 | Credits: )


The office calling you is probably the collection office they have in Phoenix Arizona. If you have not paid on the account in 4 years then you are fine because CA has a statute of limitation at 4 years. This means they cant sue you. If they do receive a judgement agaisnt you this still means nothing because then they have to enforce it. First they need to know where you work in order to garnish your wages and if you already have a garnishment from another company or child support where your employer is sending the money, then they cant get a garnishment. They can try to levy your bank accounts but they need to know where you bank. They can hire a company to locate those. Try not to put money in the bank and take out what ever you may have. I know people that do this all the time. If you own a business they can try to come after that. Your best bet is to record them everytime the collectors call you because the lawyers are not calling you some people making 13.00 an hour are calling you. Look up the FDCPA(Fair Debt Coolections Practices Act) There are many laws that these collectors have to abide by everytime they call. Example they cant call after 9pm your time. They cant call and tell you they are going to sue you because according to the law if they dont start the process immediatly after the call this is considered a threat and they are breaking the law. They cant tell anyone that is not on the account about the debt except for your spouse. There are many laws. Remember the statute of limitation starts from the last time YOU PAID on the account. If you catch them breaking these collection laws then get an attorney and sue them. They really hate this and you can get the entire debt erased.


lrhall41

Submitted by anonymous on Thu, 02/11/2010 - 15:15

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
If you catch them breaking these collection laws then get an attorney and sue them. They really hate this and you can get the entire debt erased.


Sorry, pal. I gotta call on this.

FDCPA (15 USC 1692, et seq.) does enumerate a laundry list of required and prohibited actions for collectors to follow. And it does allow you to sue for damages in the event that the collector breaks the law. Those damages, BTW, are limited to $1,000 per action, unless the collector has pulled a particularly egregious boner.

FDCPA does not allow for the entire debt to be erased. Please, do some research before posting advice.


lrhall41

Submitted by unclewulf on Thu, 02/11/2010 - 17:28

( Posts: 3172 | Credits: )


I am in the middle of a lawsuit with Hunt & Henriques (suppossedly) representing Citibank (South Dakota). I had sent them a letter requesting 'debt validation', and received a letter from them stating my 30 days were up so they were not required to produce it. I was then served on August 10, 2009 with a complaint, and then received a letter from them on October 22, 2009. with a settlement offer. I filed an answer (I DENIED EVERYTHING, to put the burden of proof on them)w/affirmative defenses. I then received a packet in the mail with request for Admissions, a list of 15 Interrogatories(questons to answer in order to trick me into admitting the debt is mine) and request for Production of Documents. You have to do the research, but you can fight them and win. I am now preparing my Request for Discovery, in which I will request Production of Documents, including a signed contract showing I did have a credit card with Citibank, and proof that Hunt & Henriques are actually representing Citibank(named Plaintiff) in this lawsuit. I will also be requesting answers to interrogatories, as well as admissions. When a debt has been charged off it is usually sold to a C.A. and Hunt & Henriques are debt collectors, they just happen to be attorneys, but their law firm is a C.A. Here is some really good info I learned in an E-book called ???STICK IT TO SUE HAPPY DEBT COLLECTORS??? These banks and credit card companies have a securitization process where they set up these entities to raise capital, and when a debt gets charged off, it gets transferred between these trust companies. I am paraphrasing here because I don???t want to quote the book word for word, but this can be used in a MOTION TO DISMISS in your points and authorities stating that it will be nearly impossible to prove the debt is yours or that it even exists. So, Hunt & Henriques is committing fraud because they don???t actually represent Citibank because Citibank is probably no longer the owner of the debt, but the average person wouldn???t know that. Here is a website to go to for the info on the trust companies that the charged off debts get transferred to, and so many millions do that the actual owner of the debt would most likely be untraceable. Http://www.sec.gov. This is the Securities Exchange Commission where all these companies have to report to. Look for the Prospectus filings. It???s a lot of reading, but worth it if you don???t want to hand any more money over to these thieves. The key to getting them off your back and possibly dropping the suit themselves is to bombard them with paperwork. Let???s stop these C.A. lawsuits and stand up for our rights. They have too much power over the consumer. STICK IT TO THEM!!!


lrhall41

Submitted by anonymous on Sun, 02/21/2010 - 17:31

( Posts: 202330 | Credits: )


H&H Resolution, LLC (owners Daniel Oditt, Michael S. Hunt & Janalie Henriques)
151 Bernal Road, Ste 6
San Jose, CA 95119
(408) 362-2293


H&H Resolution, LLC
a branch of H&H Resolution, LLC
1855 W. Baseline Road, Ste 190
Mesa, AZ 85202

(408) 414-0380 (cover up phone number so they don't get caught practicing law outside of California.


lrhall41

Submitted by anonymous on Wed, 03/10/2010 - 22:20

( Posts: 202330 | Credits: )


I just had to post because these "lawyers" got exactly what they deserved today.

Quick history, they have been harrassing me for months, making threats and finally I did receive a summons that they have sued me(just got it a five days ago). I had a debt with Citibank, was paying them for YEARS, lost my job and was still paying them, working out arrangements even though I could barely do it I was being responsible. Then Citi decides to jerk me around and raise my interest and double the payment I was making, which made it impossible for me to pay them. I pleaded with them and they didn't care so I told them I was forced to quit paying this until I got a job. Then I get the calls from H&H. Five days ago I got a summons in the mail, it stated I had 30 days to respond or they would get a judgement against me. The bad part is they claimed to have served me in person three weeks ago so I basically had days to get together a response. I got my paperwork together and headed to the courthouse today. When I got there, the clerk stated my case was dismissed. I asked for the printout and guess what happened? H&H had a court date three weeks ago and showed up for it, the judge asked for proof of service (stating they actually had me served) and they didn't have it so the case was thrown out without prejudice! Do you know what that means? I am free from being jerked around from these idiots! They lied and tried to be sneaky and got exactly what they deserved.

So everyone out there if you are being sued by these liars, do your homework and don't be afraid. They are known for being sneaky and doing whatever it takes to win and scare the hell out of people but you do have rights and you have to fight back. My advice is once you are served with "paperwork" before you do anything and I mean anything, head to the courthouse (most likely it's a civil case) and ask your clerk the status on this case and find out of it was dismissed. Because even after H&H had the case thrown out, they still had the nerve to mail me this crap case and try to scare me into thinking this "lawsuit" was still valid.

Good luck to you all and I hope this helps some of you that are having to deal with these jerks.


lrhall41

Submitted by anonymous on Thu, 03/18/2010 - 22:08

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well they screwed me.. .they are garnishing 600 a month -- I filed an expemption to lower the amount but they sent me a letter back saying that I basically lied about my financial sitution and my bills can't be what I say they are... sucks, because they are and now I can't pay my mortgage and car payments.. I have tried callng them but they wont return


lrhall41

Submitted by anonymous on Sat, 03/27/2010 - 11:20

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Quote:

Originally Posted by vista.lee
Hi everyone
Does anyone know about this law firm, Hunt & Henriques in San Jose, CA.
They said this in the letter, "If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to satisfy your account"
If they are serious of suing me, can I file bankrupt. When is the best time to file bankrupt? I'm actually in a settlement program with "Solve Debts" located in San Francisco. 4 of my accounts has been threaten with this kind of letters. If they do sue, I really want to file bankrupt. My credit history is nothing to me anyways. I'm not buying houses and new cars. I'm just afraid of that they do wages garnishment. Thats why I like to file bankrupt. Any advice.

THIS happened to me. I was ripped of by a debt consolidation agency. I filed for Chapter 7 Bankruptcy and that solved the problem.


lrhall41

Submitted by anonymous on Wed, 05/05/2010 - 12:41

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Quote:

Originally Posted by vista.lee
Hi everyone
Does anyone know about this law firm, Hunt & Henriques in San Jose, CA.
They said this in the letter, "If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to satisfy your account"
If they are serious of suing me, can I file bankrupt. When is the best time to file bankrupt? I'm actually in a settlement program with "Solve Debts" located in San Francisco. 4 of my accounts has been threaten with this kind of letters. If they do sue, I really want to file bankrupt. My credit history is nothing to me anyways. I'm not buying houses and new cars. I'm just afraid of that they do wages garnishment. Thats why I like to file bankrupt. Any advice.


For your information, I just checked Hunt and Henriques with the local Better Business Bureau and that firm is not even registered. Check it out yourself at www.betterbusinessbureau.com and just fill in the box which asks for the business name and put San Jose as their office/location. I hope this helps everybody who had to deal with this collection agency.


lrhall41

Submitted by anonymous on Wed, 05/05/2010 - 13:08

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Quote:

Originally Posted by vista.lee
Hi everyone
Does anyone know about this law firm, Hunt & Henriques in San Jose, CA.
They said this in the letter, "If you want to resolve this matter without a lawsuit, you must pay the outstanding balance stated above to satisfy your account"
If they are serious of suing me, can I file bankrupt. When is the best time to file bankrupt? I'm actually in a settlement program with "Solve Debts" located in San Francisco. 4 of my accounts has been threaten with this kind of letters. If they do sue, I really want to file bankrupt. My credit history is nothing to me anyways. I'm not buying houses and new cars. I'm just afraid of that they do wages garnishment. Thats why I like to file bankrupt. Any advice.


I checked Hunt & Henriques with the Better Business Bureau online at (betterbusinessbureau.com) and gave the address as San Jose, CA and it is not registered at all. I also checked with the local Securities and Exchange Commission and that company never existed. FYI


lrhall41

Submitted by anonymous on Thu, 05/06/2010 - 09:22

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Hi,
I really need help. I am a victim of identity theft where someone made a credit card under my name back in 2007. They racked up some debt, and this debt was handed over to LVNV Funding, and now I have a summons from HH. This all happened while I have not been back to the states for a couple years, and have no plans to yet. I cannot file a police report because they don't accept it over the phone. How can I proceed? They are currently sending the mail to my relatives house, and I want them to stop harassing my relatives. I found out all of this on 2009, but did nothing because I gave up with the police report process. Can someone provide some advice? Thanks


lrhall41

Submitted by anonymous on Wed, 05/26/2010 - 23:50

( Posts: 202330 | Credits: )


I got a notice a H&H saying they were going to sue me. I wrote a letter in of an offer a settlement and sent it out with registered mail. They never got back to me but I just got a letter that contained a request for an entry of default. It was in my mail box. If they get this I'm screwed because I am on SSDI and Ill be homeless if they win. How do I fight these bastards back?


lrhall41

Submitted by anonymous on Sat, 05/29/2010 - 19:42

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I need some help. H&H recently won a judgement against me. I wasn't served properly and I missed the court date. I have tried contacting H&H but no one picks up the phone. What do I do now? How do I avoid having my wages garnished? I'd like to just pay back the debt but how to I make sure that everything is finalized after I pay? AND, how do I make payment if they don't pick up the phone?


lrhall41

Submitted by anonymous on Fri, 06/04/2010 - 14:03

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Quote:

Originally Posted by Anonymous
I need some help. H&H recently won a judgement against me. I wasn't served properly and I missed the court date. I have tried contacting H&H but no one picks up the phone. What do I do now? How do I avoid having my wages garnished? I'd like to just pay back the debt but how to I make sure that everything is finalized after I pay? AND, how do I make payment if they don't pick up the phone?

Read the link below about vacating a judgment:
http://www.creditinfocenter.com/legal/VacatingJudgments.shtml


lrhall41

Submitted by Shazzers on Fri, 06/04/2010 - 15:33

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