Advice (Fred J Hanna)

Send them a debt validation letter.

Ok here is what is going on I sent the dispute validation notice and it arrived to them by certified mail on the 30th day because the original letter they sent me giving me 30 days was originally dated February 11, 2009. The letter states I have 30 days after recieving the letter to dispute. Well today March 17, 2009 I recieve a knock on the door and its the county sheriff delivering a summons to either file in court or a judgment by default will be taken against me. And it states from the creditor HSBC (Fred Hanna) that I have 10 days to pay from the receipt of the complaint or I will be liable for attorney fees of 15% of the first $500 and 10% of the remaining unpaid principal and interest. Well the thing is this summons or complaint is dated March 12, 2009 11:45am. So I'm thinking they filed in court before they gave me the 30 days for the original letter. I however sent the dispute validation notice by certified mail and it arrived on Friday March 13, 2009 which is the 30th day from the original letter, at least it is if I'm counting right. Any advice would be greatly appreciated. Thanks JB

Did you save the envelope that the original letter came in?

What is the postmark on the envelope?

Your thirty days would start at that date if not the date of receipt. Also you might have a violation if they filed suit within the 30 days without giving you the ability to dispute the debt as allowed by law.

Check with the court to make sure this is a real summons, also get the forms that requires them to produce documents.
Fill them out requesting that they produce the original documents of the card, proof of SOL, proof of right to collect, etc. and file with the court and send them a court stamped copy (check with the clerk on how this service is to be done).
They will have to produce the docs (which they propably can't) before the court will award them anything.

Don't worry about the fees, the court has to grant them to be valid.

Also contact the GA office of consumer affairs, he has been dealing with FRED Hanna and would love to hear from you and others.

If a uniformed LEO delivered the summons, it's real. What state do you live in?

Yes I saved the envelope it was post marked Feb.11,2009 and the letter is dated Feb.11,2009 but they use their own postage system Pitney Bowes or at least thats what is says in the right corner. But I did not recieve the letter until either Feb.13 or Feb.14. I live in Georgia. It was a uniformed LEO that delivered the summons. I have no doubt that the summons is real. The summons is stamped at the top that it was filed in Superior court March 12, 2009 at 11:45am. So I believe it was definately filed sooner than 30 days of the original letter because February only had 28 days. So I guess I'm going to answer the complaint with the court. I'm just not sure what all I need to do. I mean I really don't have the money for a lawyer. If I did I would not have let this debt go to collection.

I am also dealing with Mr. Hanna's office. I was served with a suit back in January. The summons was signed by Dennis Henry. I answered the summons and Just this past weekend I got the packet of documents that they want answers to. This dicovery papers are signed by a Scot Groghan. I have even sent them a letter for a small settlement to just get this over with and they dont respond. Guess the will when I send them my request for documents.

I've been dealing this this predator for over 2 years now....it seems it will NEVER end....ongoing banter back and forth between his people and my lawyer.....I wish I could help, I wish someone could help us!!!

Creditbind>>> what steps did you do when you recieved your summons because mine was also signed by a Dennis Henry. And what do you mean by the packet of documents they want answers to.

Creditbind>>> what steps did you do when you recieved your summons because mine was also signed by a Dennis Henry. And what do you mean by the packet of documents they want answers to.

Creditbind>>> what steps did you do when you recieved your summons because mine was also signed by a Dennis Henry. And what do you mean by the packet of documents they want answers to.

first I answered their summons by filing my answers with the court. then I waited on his response and it finally came in a certified letter with 3 pages of facts they want me to deny or admit...2 pages of documents they want me to produce then 2 pages of other questions. I'm working on those now so that I can also send them my request for documents.

Creditbind>>>sorry to keep asking you questions but I promise its helping and very informing to me. What do you mean by the 3 pages of facts he sent you that he wants you to deny or admit...I mean I know the debt is mine but I also know that he has messed up with filing before my 30 days were up so do you admit or deny. I'm not quite sure what type of documents you recieved thats related to that. Also what type of documents are you having to produce and do you think I will have to do the same or is this just particular to your case. Also did you get a lawyer or are you going to get a lawyer? Thanks again

He's referring to Request for Admissions and Request for Production of Documents

Like Nascar said..it's the request for admissions and production of documents. I'm going to deny everything that I dont have enough information to admit anything. Going to make them prove that I owe them in court if they dont want to take the small settlement I offered. The production of documents is basically wanting me to provide them their case. Which case is I can't furnish them anything cause I don't have anything. I always paid online and would throw my statements away so I'm not furishing them anything. But I am going to request from them proof that they own the debt, that I owe the debt, that they have a copy of the original contract, and how they figured what I owe them. I havent got an attorney yet, but depending on what happens next I may see if I can get one to go to court with me.

Creditbind>>>how long from the time you got served the summons to when you filed with the court did all this take and how far in the future did they set the court date.

Sorry I haven't responded before now JB...as far as how long it took..I got the summons in Jan..Filed my response in Feb..got their interrogatories last week...haven't had any court dates...nothing I have received has said anything about court date. I wonder how ticked off this lawyer is going to be when he receives his paperwork back and all it is going to be is the sheets he sent at first with my answers explaining why I am denying and can't produce documents. Denying on the basis that I never enetered into any contract with asset acceptance and can't send any documents cause I've never had a contract or account with asset acceptance.

Since Hanna sent me their requests for documents in the mail certified, can't I do the same to them? Not sure if I would need to go to the court clerk and tell them I am sending them my requests or do I need to send the court a copy of what I will be sending Hanna.

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