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I just got served and need help! I hadn't heard anything from Frederick J Hanna/Arrow since JANUARY until today!!! I am freaking out of course but need to know how to handle this.

I have a previous thread under rocookie and "Need help with Frederick J Hanna" but you can't post links in here....

THANKS!




What state do you live in?
When was the last time you paid on this account?
What else came with the summons? A questionaire, Discovery, affadavit, request for Production of Documents?
Is Hanna suing on behalf of Arrow or does the OC show as the plaintiff?

Sub: #1 posted on Sat, 08/30/2008 - 07:11

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: )

I am in GA

Last time I paid on this account was 2002

Nothing other than a summons to file with the court within 30 days and a paper that states they are sueing me because of "refusal to pay".

It states Arrow is suing me by using Hanna

Sub: #2 posted on Sat, 08/30/2008 - 07:14

Unregistered


Was this a credit card? Start researching your local Rules of Civil Procedure to make sure that you properly answer the complaint. SOL is an affirmative defense and it will be up to you prove when the date of last payment. What do they allege in the complaint?

You will find the Payday loan laws for Georgia here (just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-p dls-laws.html

Sub: #3 posted on Sat, 08/30/2008 - 07:27

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: )

This was from a card through HSBC....I bought a computer and was paying on it in a timely manner and in some months double, I noticed my bill kept getting higher, this was after a year so I'm sorry, it was may 2003 when I made the last payment. I contacted the company to see what was going on because my bill was wrong, they did not know why, they did not have any explaination for misc charges. I realized then that they were tacking up up to 70 per month with no reasoning and called the manager whoever it was at the time, he had no explaination and cursed at me for not just paying. I wish THEN I knew what I knew now and would have sued them then for that. Anyway I asked for proof of what I owe and I would pay the correct amount, They never sent anything. The credit report shows as Closed, paid as agreed. Then I started getting a million calls from Arrow wanting twice as much and being very ugly....anyway that's the summary...

Sub: #4 posted on Sat, 08/30/2008 - 07:34

Unregistered


It only says "Refusal to Pay"

Sub: #5 posted on Sat, 08/30/2008 - 07:37

Unregistered


rocoockie1....if you will register with the forum and send me a PM, I can send you a couple links to relevant GA case law to help you fight this.

Sub: #6 posted on Sat, 08/30/2008 - 08:24

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: )

Also, forgot to ask how this is being reported on your credit reports. Is Arrow and HSBC reporting?

Sub: #7 posted on Sat, 08/30/2008 - 08:26

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: )

Last time I looked which was last year both were on there.

And by the way, they served the notice to my boyfriend whom I live with and this is address is NOT one I have ever given out.....

Sub: #8 posted on Sat, 08/30/2008 - 08:32

rocookie rocookie

(Posts: 24 | Credits: )

Quote:
may 2003 when I made the last payment


Ouch! 2002 would have been better. You're still w/in SOL. I know it says 4 years in my earlier post but that is for open ended accounts which you could attempt to argue but from what I have been able to find, GA caselaw supports the 6 year SOL as the courts have determined that CC's are Written contracts.

Sub: #9 posted on Sat, 08/30/2008 - 08:42

NASCAR_Devil NASCAR_Devil
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(Posts: 4665 | Credits: )

I just did a credit report because after I wrote 2003 I realized....well, I wasn't sure what year exactly because I'm at home and don't have my folder of info with me (and also I'm rattled because of the whole deputy serving in my yard and all) I just checked my credit report and it shows
(free credit report which doesn't show much)

HSBC
Date Opened 9/1/2004
Account Status Closed

For Arrow it has
Date Opened 12/1/2006
Account Status Closed
Status: Assigned to Attorney

Sub: #10 posted on Sat, 08/30/2008 - 08:56

rocookie rocookie

(Posts: 24 | Credits: )

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