Help Please, Threat of suit !
Date: Sun, 07/12/2009 - 18:46
I was wondering, there are so many saying differant things to me its confusing.
Me and my wife are seniors, living on SSI, in Calif.
And our youngest daughter is almost 19 and still living with us and no job at this time. We live on SSI only.
My wife ran a cc-up and even thought there was always money in the bank B of A charged many "Overdrafts".
We closed that account in January 09.
We won't bank there anymore. Cut all cards up, and no charging
of anything since.
A X-collector at the VA in town said just pay what you can, so we been paying $50.00 per month, on a $6,300.00 Debt, and climbing, due to "Late fee's and 18.64 Interest". Even though we are not late, but rather a week early.
The guy at the VA saids keep paying, but many others like the
legal aid for seniors ( free counseling ) said send them a letter
showing the laws in Calif and the FDCPA and don't pay no more.
Thats the confusing part " to pay or not to pay" That is the question !
We sent letters and have copies of all things R&R's etc.
We sent a DV within the 30 days, about 2 months ago and no responce yet.
We were getting calls for 3 months, from FIA card services, then they stopped , and now we are getting calls from a Fred Hanna Asso law firm threatening to take us to court and sue us.
Any advice would help, thanks in advance ! Old Guy !
They can take you to court and try to get a judgement against yo
They can take you to court and try to get a judgement against you but your only income is SSI. So they cannot take any of that. So to sue you would be a waste of their time. You can contact your state and file a complaint against them for not sending you the information you requested. And when you file that complaint let them know that they are threatening to take you to court and have not served you with papers yet. The only thing I have been told (was helping my dad with a CA) is to make sure you keep less than $1000 in your checking account. Because they can take anything over $1000. But then you will have to dispute when they take it because it was income that came from SSI. So please watch your accounts.
Someone with more info will be along, so keep checking back here.
There is and never was a Fred Hanna licensed to practice law in
There is and never was a Fred Hanna licensed to practice law in the state of California.
Next time they call get an address for them and ask that they give you a California Bar Number since they are not listed on the State site.
You might also want to call the California Bar and file a complaint.
Fred Hannah file lawsuits like confetti at a parade. They th
Fred Hannah file lawsuits like confetti at a parade.
They themselves admit to filing around 8,000 lawsuits a month in Georgia alone.
"http://www.collectors exposed.com/forum2/index.php?topic=114.0"
(Take out the space.)
Did you send that DV letter via Certified Mail, Return Receipt Requested? You will need the proof that they received it and continued to engage in collection activity. If you have that, then you can countersue for FDCPA damages of $1000, plus possible court costs and attorney fees.
According to the article:
Quote:
Hanna said people who don't have the ability to pay debts should call the collectors back and work out terms. "Sometimes we settle for 20 cents on the dollar," he said. "We have people paying $25 a month on a $10,000 credit card debt." |
They are *very* gutsy, you will need a good attorney. They even told the State of Georgia that it was none of their business. From: "http://www.ajc.com/services/content/printedition/2009/05/27/locbiz0527.html?cxtype=ynews_rss"

When they sue, they will use an attorney licensed in your state.
Hi All, Thanks for the comments, I was still wondering if I s
Hi All,
Thanks for the comments, I was still wondering if I should keep paying the $50.00 per month, if it would make a differance?
It would appear good in front of the judge.
Making an effort to pay on it, even though we are low In come.
Whats your thoughts ?
I wouldn't. From what it sounds like, very little is actually g
I wouldn't. From what it sounds like, very little is actually going towards the principal amount. Like this, you will be paying on it forever.
If they choose to ignore your right for validation, you can choose to not send them anything else. Why pay them when they can't prove that you owe them anything at all?
Yes, you may owe them something, but until they provide validation you don't know what you owe or if those fees and interest is even legal! What if all this time you were paying those payments with only a little going to balance and you found out those terms were not legal to begin with and you paid for nothing?
Send them another letter. In it state that you are trying to do the right thing but they refuse to give you your validation which by law you are entitled to. tell them that until they comply with the law all further payments will cease. Also call their bluff. Tell them you will be happy to see them in a court of law that the judge would be real interested to hear about all their actions and how they are taking money they may not be entitled to from disabled senior citizens.
Yep, as the MIA unclewulf says, No Validation, no payment, no wa
Yep, as the MIA unclewulf says, No Validation, no payment, no way, no kidding!
They are supposed to cease any collection activities until they send verification of the debt.
Thanks for the Info! We can't afford paying anything anyway.
Thanks for the Info!
We can't afford paying anything anyway.
Thanks again for your help ! Have a good day !