good ole Hanna
Date: Wed, 05/13/2009 - 09:31
I asked for copies of all correspondence which pertain to this action between me and the plaintiff and I get this answer: Plaintiff objects to this request to the extent that it requires plaintiff to respond by acquiring or supplying information which would be irrelevant to the subject matter or issues of this action, and not reasonably calculate to lead to the discovery of admissible evidence, on the ground that said request exceeds the permissible scope of discovery under the Georgia Civil Practice Act.
I asked for all documents signed by defendant and plaintiff that they have and I get: same as above
I asked for copies of documents that they deem to constitute a contract or agreement between the parties and I get: same as above but added subject to said objection, plaintiff is in the process of gathering evidence and will provide defendant with all available documents in response to this request if and when they become available.
I asked for proof that plaintiff is assignee and I get: same as above.
I asked for complete payment history starting with original creditor and I get: same as above.
I asked for copies of statements on this account and I get: same as above.
I asked for the original signed contract or application and I get: plaintiff objects to this request to the extent that Georgia law does not require a signed application or consent to the cardholder agreement. See Davis v. Discover Bank, 277 Ga.App.864
I asked for proof that plaintiff purchased account and what was paid for account and I get: same answer I got for the first thing I asked for.
They want me to just throw them anything we have to prove their case with open arms but they can't provide me with anything that I request. Thinking about filing motion to compel or just going and filing a motion to dismiss. I'm waiting now for them to send me something wanting me to agree for a settlement or am I just dreaming.
Sorry this was so long
and I forgot to mention that everytime I get something from Hann
and I forgot to mention that everytime I get something from Hannas office it has a different lawyers name on it.
Does anybody have any suggestions on what my next move should be
Does anybody have any suggestions on what my next move should be? or should I do nothing and wait and see what Hanna does next? thanks
I am dealing with Hanna as well. I turned this over to my Attor
I am dealing with Hanna as well. I turned this over to my Attorney right after receiving the first communication from them. My attorney sent a letter of dispute and request for validation. Needless to say, we never received anything. A yr. went by without hearing from them. I was served with a civil complaint three wks. ago. My Attorney has answered, but have not heard anything from Hannah yet.
Please keep me updated as I would like to know how this turns out for you. FYI, as of a few months ago, the attorney general was doing an investigation on Hannah. There was a write-up in the Atlanta constitution about the Law firm. I would like to know if it is true that Georgia doesn't require a plantiff to produce a signed contract.
Please keep me updated~
I just read the case law *Davis v. Discover Bank*Hannah sited.
I just read the case law *Davis v. Discover Bank*Hannah sited. For the past three yrs., and after a lot of research, I now find out the GA. Court of appeals has made it clear the SOL is 6 yrs - No signed contract is required. From all the research I have done over the course of three yrs, I have been under the impression, that a Credit card is an open account with a 4 yr. SOL period. I am absolutely confused and dismayed after reading the case law. I had no idea~
Does anyone know if *Davis v. Discover Bank* was appealed to the
Does anyone know if *Davis v. Discover Bank* was appealed to the Ga.Supreme Court?