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Ever heard of "FREDERICK J hANNA AND ASSOCIATES ?

Submitted by on Tue, 01/20/2009 - 06:40
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THEY ARE OUT OF MARIETTA, GA. I received a "Collection letter" from a Dennis E. Henry, supposedly one of their attorneys.

I replied with a Demand letter requesting complete and accurate VALIDATION in accordance with the fdcpa. I also ask for proof that they are licensed to practice law in my state. I asked for further proof that they have in fact been retained by the Client ( Chase Bank) or if they have purchased this debt from another Collection Agency. The attorney never replied, instead he had his "legal assistant" to reply, basically stating that, "yep our Client says you owe this much money"...no Validation, no copy of the signed original agreement....nothing !
And to cap it off, the Legal Assistant...never even signed the letter she sent back to me !

I did contact the Supreme Court on line data base in my state....neither the Firm or Dennis Henry( attorney) is licensed in my state...either by annual license, or under the provisions called "PRO HAC VICE" ( limited license )

I"m pretty sure that they have bought this from another collector..in which case Chase Bank IS NOT THEIR CLIENT, and would constitute sending me "false and mis-leading presentments via US Mail. my suspicions are supported by the fact that I had received a letter from another agency regarding Chase Bank several weeks ago....and whom I 'slam-dunked" with A cease and desist letter because they could not VALIDATE THE DEBT !
I am going to send "Hanna" a DEMAND TO CEASE AND DESIST all communication and collection efforts until such time as they can provide sufficient proof that they are Licensed in my state as well as a signed affidavite or "letter from Chase Bank" authorizing them to collect for them..

Your take on all of this, please !


Well I went to court today with these so called lawyers, and of course it was dismissed. I asked the guy if he had ANYTHING with a signature or a statement.......ANYTHING AT ALL?? and he simply said no we don't have that information. He wasn't rude or anything he just seemed to be only interested in the default judgments. As a matter of fact there was only maybe 6 of us and all of were dismissed. So if you do get a summons from these guys it is definitely in your best interest to challenge them. Oh and the only thing he tried to tell me was that the acct would NEVER come off of my credit report.......unless I'd like to make payments......I don't think so.


Submitted by on Mon, 05/24/2010 - 12:30

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Call chase and validate that the debt was transferred to them as a debt collector. You may be on hold for a while. They validated with me that Fredrick J Hanna & Associates was the office now collecting the balance. The people I've talked to at their office have been pretty friendly as far as debt collectors go. They worked with me on a payment plan, I paid as agreed so I've had no problems with them.


Submitted by on Thu, 05/27/2010 - 12:30

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Has anyone heard of Hannah & Associates hiring an outside attorney for a lawsuit? I just got off the phone with FIA (BOA) about a summons/complaint from an attorney on behalf of FIA (Plaintiff). And the lady COULD NOT tell me if they still own my account. She would just insist that I must contact Hannah. When asked if the debt was SOLD to H&A she said it was REFERRED to them, but didn't know anything else. Hannah is not mentioned anywhere in the complaint.

After reading this thread I have to wonder if Hannah hired this other attorney to file the lawsuit, but are using the OC as the plaintiff... otherwise, why does the OC tell me to talk to H&A? . "Something is rotten in the state of Denmark"...


Submitted by on Fri, 06/04/2010 - 14:17

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I know from experience that if Frederick J. Hannah & Associates can't collect the debt they do forward to lawyers in your state for filing the lawsuit. I also know that Fred Hannah's collectors like to make illegal threats and Fred pays pretty quick when you can prove they violated the FDCPA or state laws. As far as I know, it is legal for them to forward the account to one attorney to try to collect and another to bring the lawsuit, but remember there are defenses and they have to prove their claims with admissible evidence.


Submitted by Joe Smith on Sat, 06/05/2010 - 18:37

Joe Smith

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Thanks Joe. I was thinking or have been trying to figure out if they (Hannah) should be named somewhere in the lawsuit, seeing as FIA said the account had been "referred" to them and that any communication should be with them. And if they should have been named, how can I use that (plus the fact that they don't make any reference to any account number at all) as a defense, etc. I have until tomorrow to answer the summons and I'm trying to get all my ducks in a row...


Submitted by on Mon, 06/07/2010 - 04:57

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Bump! I have until end of day today to answer the summons. Can anyone refer to the post above (#106) and advise? I'm trying to see if those 2 things could be used in my answer/defenses. And while I'm at it, could I file a motion to dismiss based on that? I thought I read on a different thread where some states allow you to file motion to dismiss before or w/out having to file the answer. Thanks.


Submitted by on Tue, 06/08/2010 - 05:16

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OK... for those here with the knowledge. Please advise. I will be heading to the clerk to answer summons in about 2 hours. It is only a 5-minute drive for me. I need to know what you think.

To recap: Summons received. No account number on complaint, no documents like original contract, signed app, or even a statement attached. I called Plaintiff on complaint (OC - FIA/BOA) and gave my SS etc. Lady said my account was referred to Hannah & Assoc and any communication should be with them. She didn't know and couldn't tell me if it had been sold. Hannah is not mentioned anywhere on summons/complaint. And it is clear that Plaintiff (FIA) is not handling it.

So question is, can I answer summons with a GENERAL DENIAL and add that I can't possibly admit to owing the account without an account number or proper documentation? Is that good enough? If so, in your experience, what would probably happen next? Would that be enough for me to try to seek a motion to dismiss?

Any help/advice would be greatly appreciated.

Thanks.


Submitted by on Tue, 06/08/2010 - 10:41

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I am in the middle of dealing with these "people". I received the initial collection letter several weeks ago. I sent a letter back requesting they validate the debt and also asked for the name and address of the original creditor. I got a standard reply stating an amount that was owed and signed by the secretary. I did not respond to that and soon got my summons via the sheriff. I went to the courthouse and filed my answer basically affirming my name and address and denying everything else. I had been waiting to hear when my court date was and yesterday I got a letter from "those people" saying that they had received my answer and that I should contact them to explore payment arrangements. I also got a seperate envelope with papers they had typed but had no filing stamps on them. They were a request for admission of facts, request for production of documents and notice to produce to defendant, plaintiff's first interrogatores to defendant, and certificate of service. Do I have to answer those or can I just wait until there is a court date? If I need to respond, how should I go about doing that? Thanks.


Submitted by on Fri, 07/30/2010 - 10:16

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I won against them today! Listen if they are suing you and they do not produce a contract with your signature..not just statements...your signed contract with the original company, deny that it is yours and tell them you want them to dismiss the case on the grounds that they can't produce a signed contract. I did it today and won! I am so happy I didn't let him trick me into admitting anything. I kept denying; even when he said he didn't believe me. The he tried to "punish" me by making me wait around before he gave the judge the dismissal..what an ass! Good luck and Fight Fight Fight!!!!!


Submitted by on Tue, 08/03/2010 - 11:40

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I recieved a garishment from my company. first he got a sumamry judgement and then filed in Gwinett country. The county then issued a garnishment demand request order by the court to get his 200 bucks.


I hate that faggot.


Submitted by on Thu, 08/05/2010 - 16:24

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Here's my situation....I live in Colorado and I have lived here for over nine years. Today I received a letter stating that Hanna 'represents Chase Bank. It goes on to state that I should contact them to make payment arrangements. It tells me I should contact them in writing if I dispute the validity of the debt..etc. But, at the bottom of the page, it reads 'At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due.

My wife asked about being sued and garnishment. Personally, I'm not worried about garnishment because I'm self employed and I get paid directly by my clients. There is no company that writes me a payroll check so there is no company for them to garnish wages from.

My question is, what should my response at this point be? Should I send a cease communication letter and see if they will summons me here in Colorado? Or, should I send a validation letter?

Thanks in advance for your response!


Submitted by on Mon, 08/09/2010 - 19:46

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Quote:

Originally Posted by Anonymous
Here's my situation....I live in Colorado and I have lived here for over nine years. Today I received a letter stating that Hanna 'represents Chase Bank. It goes on to state that I should contact them to make payment arrangements. It tells me I should contact them in writing if I dispute the validity of the debt..etc. But, at the bottom of the page, it reads 'At this time, no attorney with this firm has personally reviewed the particular circumstances of your account. However, if you fail to contact this office, our client may consider additional remedies to recover the balance due.
My wife asked about being sued and garnishment. Personally, I'm not worried about garnishment because I'm self employed and I get paid directly by my clients. There is no company that writes me a payroll check so there is no company for them to garnish wages from.
My question is, what should my response at this point be? Should I send a cease communication letter and see if they will summons me here in Colorado? Or, should I send a validation letter?
Thanks in advance for your response!


Also, I just did a quick search on cases filled by Hanna and they have only filed one case in Colorado in the past two years. Does that mean they are not near as likely to go to court here as they would in GA? Also, according to some research, there were named as the Plantiff in case. How can they be the plantiff if I don't owe them anything?


Submitted by on Tue, 08/10/2010 - 07:14

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Hey unregistered, I would definitely send them a debt validation letter. I currently do have an attorney. I received the same letter from Frederick J. Hanna & Associates that you did, concerning taking additional measures if I don't contact them within 30 days. I have read from this site and many others different tactics he uses to secure the debt. My own attorney said he goes up against him many times in court.

I'm a substitute teacher which is a contract position, I'm not guaranteed anything. No full-time position, no benefits, no steady work, nothing. If I'm filling out an application for a position in the county I work in and they ask if I am an employee in that county, according to them a substitute is to answer "no." I don't own a home, I'm lucky if I bring in 800 dollars a month. I really have NOTHING. If they come after me, they are seriously going to be wasting their time. I also should mention I live in Georgia, one county over from where Hanna's offices are. :-/ Good times!

The first step I'm going to take, though, is to send a "DV" letter.


Submitted by lilstar026 on Wed, 08/11/2010 - 13:53

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I just received 2 letters from Frederick J. Hanna saying that they represent Chase Bank for 2 delinquent accounts. However, 6 months ago, I received letters from 2 different debt collectors for these same accounts. One was Encore Receivables and the other was MRS Associates. I send both of these debt collectors VOD letters and neither responded with anything. Now I get the letters from the law office. I thought that Chase had sold these accounts to the other debt collectors. Is it possible that the law firm could have gotten them from Chase, or did they get them from the other debt collectors? Would the other debt collectors have given the accounts back to Chase for them to hire the law firm? I am sending out VOD letters first thing tomorrow to see what the law firm says. Please advise. Thank you.


Submitted by on Fri, 08/13/2010 - 23:24

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Chase sells some accounts, sends others out for collection/lawsuits, and forgives other accounts. When you send a vod letter, they either validate or stop collecting, but it doesn't mean they can't send it on to another collection agency to start collections on it. Either way, the dc's could have sent it to Hanna or Chase could have, same result.


Submitted by Joe Smith on Sat, 08/14/2010 - 08:20

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I never received an initial "you owe me" letter from Hanna. My first introduction to this group was with a gentleman knocking on my door to deliver the original summons letter. I denied the charge and am set to go to court on September 1st. I called the office to try to talk to someone and was told my 30 day dispute rule had lapsed and they didn't have to give me anything. I then sent the validation letter and haven't heard a thing. Resent the validation letter today. Are these vultures legitimate? Do they really have the authority to sue as "Capital One"?


Submitted by on Tue, 08/17/2010 - 17:01

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My first introduction the Hanna was a gentleman knocking on my door to deliver the summons letter. When I called Hanna to try to get clarification, I was told my 30 day right to dispute had passed and they didn't have to tell me anything. I then sent a debt validation letter and received no response (not even the green return receipt card) so I re-sent the letter today. I responded to the summons and am scheduled to appear in court on September 1st. Are these vultures legitimate? Are they really representing Capital One or are they misrepresenting the situation?


Submitted by on Tue, 08/17/2010 - 17:14

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I've tried to post this a few times and apparently, I'm computer illiterate (and can't spell?).

My introduction to Hanna was when a gentleman knocked on my door to deliver my summons. When I called the office to get answers, I was told my 30 day validation time had passed and they didn't have to tell me anything. I sent a DV letter and have not heard anything from them (nor did I receive the return receipt card from USPS). I re-sent the letter today. I have denied the claim thru Cobb County Magistrate Court and have a court date of September 1st. Is this "law" firm legitimate? Do they have the authority to represent themselves as "Capital One"?


Submitted by on Tue, 08/17/2010 - 17:27

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Quote:

Originally Posted by Anonymous
I just received 2 letters from Frederick J. Hanna saying that they represent Chase Bank for 2 delinquent accounts. However, 6 months ago, I received letters from 2 different debt collectors for these same accounts. One was Encore Receivables and the other was MRS Associates. I send both of these debt collectors VOD letters and neither responded with anything. Now I get the letters from the law office. I thought that Chase had sold these accounts to the other debt collectors. Is it possible that the law firm could have gotten them from Chase, or did they get them from the other debt collectors? Would the other debt collectors have given the accounts back to Chase for them to hire the law firm? I am sending out VOD letters first thing tomorrow to see what the law firm says. Please advise. Thank you.



Sounds like my situation.

a) In less than a year, five CA's sent me a dunning letter, stating they represented CHASE. In each case, I DVed them and received no responses.
b) In the middle of the five CA's, I even received a letter from CHASE, suggesting a settlement. I told them to go to court.
c) Next? Hanna and his henchmen. I immediately DVed Hanna and received nothing. In less than a week, I got a dunning letter from a law firm in FL, my home state, the letter demanding full payment to their client, CHASE. Alarm bells went off in my head.
d) I called CHASE and asked them about the law firm in FL. CHASE said they'd never heard of the FL law firm. I asked if they, CHASE, owned my account. CHASE said that yes, they did. I then asked if anyone represented them, they said HANNA.

So, what HANNA did was hire the FL lawyers to represent THEIR interest directly and indirectly the interests of CHASE. The problem with that, of course, is when I sent HANNA the DV letter, ALL COLLECTIONS' ACTIVITIES WERE TO STOP. By hiring the FL law firm without responding to my validation request, HANNA violated the FDCPA laws, thus continuing collections' efforts. The FL law firm, when stating that their client was CHASE instead of HANNA (CHASE saying they'd never heard of the FL law firm), they are guilty of mispresentaion or fraud.

I've sent letters descibing the chain of events to the FTC in Washington, DC; to my state's Attorney General; and the same letter to the GA Attorneys' BAR and the Fl Attorney's BAR, all of which have responded.

I've had no more contact, much less any kinds of validation attempts, from HANNA, CHASE, or the FL Law Firm. And, each time I sent one of them a letter, I sent a copy to the others so they'd all know that I know what kind of shell game is being played.

Now? Waiting.


Submitted by on Tue, 08/17/2010 - 20:10

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Quote:

Originally Posted by Anonymous
. When I , I was told my 30 day validation time had passed and they didn't have to tell me anything. I sent a DV letter and have not heard anything from them (nor did I receive the return receipt card from USPS). I re-sent the letter today. I1st. Is this "law" firm legitimate? Do they have the authority to represent themselves as "Capital One"?



If you already have been served with a summons, the DV letter is moot. They're correct, you missed the alloted time. You can try calling Cap One. They should tell you who represents them. It'll most likely be Hanna.


Submitted by on Tue, 08/17/2010 - 20:15

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Quote:

Originally Posted by Anonymous

My introduction to Hanna was when a gentleman knocked on my door to deliver my summons.



Make sure you do not miss the deadlines to respond to the summons. You'll have a minimum of 20 days to a maximum of 30, depending on what it actually states. It critical to respond to each and every assertion, accusation, or anything they've thrown into the summons. And the basic response is to flat out deny, period. The burden of proof is theirs. not yours, although they will try to get you to admit the debt. Do not admit anything.

And show up in court, still denying and demanding proof.


Submitted by on Tue, 08/17/2010 - 20:23

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Quote:

Originally Posted by Anonymous
==
So, I asked them if this would ever come back to haunt me, and they said no.=



Not 100% sure, but I think it can come back.....and back....and back.

Here is a paragraph from CHASE to me. Note the "wording":

"As shown above, we will accept a reduced payment of at least $3000.00 if you respond be the date above. When you pay this amount, your account will be reported as settled to the credit reporting agencies UPON COMPLETION OF YOUR SETTLEMENT. PAYMENTS OR CREDIT IN EXCESS OF THIS AMOUNT WILL BE APPLIED AGAINST YOUR ENTIRE OUTSTANDING BALANCE."

Since I'm not adept at interpreting gobbledegook, the above is gobbledegook to me. But I think this: The "outstanding balance" is exactly what it says--it's outstanding. This outstanding amount will be fair game up the road for CA's to purchase and try to collect on, no matter the ostensible "settlement" language. If an account is "settled" then there would be no mention of an 'outstanding balance."

The poster wrote: "....they SAID no...." I hope she got it in writing.....


Submitted by on Tue, 08/17/2010 - 21:17

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Quote:

Originally Posted by Anonymous
Make sure you do not miss the deadlines to respond to the summons. You'll have a minimum of 20 days to a maximum of 30, depending on what it actually states. It critical to respond to each and every assertion, accusation, or anything they've thrown into the summons. And the basic response is to flat out deny, period. The burden of proof is theirs. not yours, although they will try to get you to admit the debt. Do not admit anything.
And show up in court, still denying and demanding proof.


~~~~~~~~~~~~~~~~~~

Thank you for the advise. I can promise you that if I had received the initial contact letter from Hanna I would have been disputing all over the place. Not that it would have made a difference (based on what I've read here). This is so irritating. If they really wanted me to pay this account, you'd think they would bend over backwards REGARDLESS of the 30 day expiration. Are they just trying to bully me into paying?

I have responded to the summons; I did so the day I got it. Just waiting for my court appearance.

Please clarify. I should show up in court and deny, deny, deny? Do I need to take copies of receipts and letters showing I tried to get verification? Or do I just say nothing?

Thank you for your patience and advise.


Submitted by on Wed, 08/18/2010 - 11:22

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I recently got a letter in the mail from this lawfirm/debt collector that said I owed on a credit card and that I was going to court. I immediately filed a rebuttal with the court asking them to send me proof that
I had this account and used this account. I filed the rebuttal to the court before the thirty days was up and a few weeks later I received another summons to court. This time a friend of mines told me to just deal with the law-firm and not the court, so I sent the firm a VOD letter (certified mail of course). Their response was to me was only the credit card bank,the account number the day the account was open and the last payment,also they the client said they could collect the debt. Which I don't consider a proper validation of debt. I sent in another certified letter asking them again to send me the proper proof that that this debt was mines and to validate it. Saying that the previous response to my VOD letter was not a proper response under the Fair Debt
Collection Practice Act and the Uniform Commercial Code. After that that's when I guess I upset them because they are filing a motion to take me to court and the funny thing is they don't want me to be there.The summons has all this stuff about the defendent dont need to be heard and stuff like that I was befuddled. The court summons paper said that If i want to argue the case I have to request an oral argument and file a copy of the same with the plaintiff?? Can anyone tell me what do this means? I thought I couldnt be summoned to court if they have not validated the debt in which I think they have not. They did'nt send me any signed agreement with my signature on it or account history or transactions. Can anyone give me any advice as what to do next thank you soo much

P.S. I also first posted this in yahoo answers I'm glad I found this website because this is what some of them told me and I quote "The key issue here is if this debt is past the statute of imitations for your state. If it's past the statute of limitations, then the other side would loose in any court action assuming you should up in court and stated that the debt is time barred.

You can find the statute of limitations for your state by looking under "Open-ended Accounts" at the following link:
http://www.creditinfocenter.com/rebuild/…

If this is recent debt that is within the statute of limitations, then there's no point in playing a game with validation requests. If this is the case, then you should try to settle with them directly before it reaches court. They'd want any settlement up front. Get all terms of any settlement in writing BEFORE you pay. Be very careful when dealing with debt collection attorneys. Don't sign any documents they give you that you don't understand and never sign any document that will give them an instant/default judgment.

If there is a confirmed court date, then do not be a no show under any circumstances whatsoever...Not showing up is the worst mistake you can make"

and the final last one that makes me think that some debt collectors also surf the internet is this one that made my stomach curl and i quote" Did you bother to actually read the part of teh FDCPA that addresses validation requirements? Or did you just use some really bad form letter and bad advice from a "credit expert" website?

Scroll down to Section 809: http://www.ftc.gov/bcp/edu/pubs/consumer…

The validation required by the FDCPA is pretty much the name of the original creditor, amounts, and dates. There is nothing that requires proof that you used the account or even requires copy of the contract or specific documentation proving the debt is yours. You can ask for this, but don't quote the FDCPA and threaten lawsuites if they don't comply.

So do you have any actual proof that the account isn't yours, or are you just playing games requesting validation to stall? If the debt is yours, they are going to win a judgment. Credit card companies and collection agencies are getting very good at winning lawsuits over credit card debt.

but anyway im glad I found this website so I can listen to people that are really going through what im going through not some of the stuff I recieved from the last one.
So I want to know is how file a oral argument with the court do I write it before I go to see the clerk? or do I write it when I get there? And further more what should my rebuttal consists of? thanx again family you have given me hope that I can fight this and I wont give up.


Submitted by on Thu, 08/19/2010 - 10:45

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I read all of these posts and realize I'm getting the same thing a lot of you have.

Frederick J. Hanna & Associates sent me a letter asking to respond within 30 days. I did that with a debt validation letter. I just received a letter back from them saying:

"We are in receipt of your letter in which you stated there is a dispute with the aforementioned account and your request for validation. Your account was originally opened with CAPITAL ONE BANK on November 11, 2000 and your last payment was received on August 2, 2010. Our client has verified that the balance of $$$$$$ to be true, correct, and still owing at this time...."

First of all, I can't remember the last time I was able to make a payment. I lost my job back in 2008. Second of all, I NEVER made a payment this year. Does anyone know how to approach this? Because if I recall, the date you made a payment is when they start the SOL. I KNOW it's not August 2, 2010!

Second of all, did someone say they received a letter from Hanna & Associates to this effect and said that it came from a secretary basically saying, "Yep! You owe us this money!" ? Because if so, can you verify that this is the same letter you got? Because, they call this a validation, but they haven't really verified anything. I asked them to please tell me how they came up with this amount, to show me a signed contract, etc. etc. Without the original information that I requested, this can only be boiled down to claims. They are CLAIMING this stuff. Can someone please help me with what steps to take next?


Submitted by lilstar026 on Sat, 08/21/2010 - 12:31

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Going to court against Hanna/Capital One in Fulton County Ga TODAY!!

When I received my "summons" I contacted Hanna to try to figure out what this was for. They basically said the same thing (paraphrasing), you owe capital one XXX and it needs to be paid today. Of course I argued as all they wanted was a checking account number and wouldn't provide any proof it was actually my account. They said I was outside the 30 day dispute window and because of that, the debt was valid. I never received a freaking thing from them until the summons was delivered.

I'm terrified and have a belly full of butterflies, but I will be double-dog danged if they will get one red cent of my hard earned money without admissible proof. I work to hard for the $$ to just hand it over to someone who feels I owe them money. WISH ME LUCK!!!


Submitted by on Wed, 09/01/2010 - 08:17

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So Bibb County has been taking 25% of my check since June-ish. I've been working a crapton of overtime to compensate. I usually bring home about $750 every other week. Since Hanna got involved, I'm lucky to clear $600. It's cool. The original amount I owed to Cap1 was $1538.59. Only $48.76 left on the garnishment now.

I checked with another law firm. They said they'll need to look over the paperwork Hanna sent, but they're pretty sure I've got a solid case against them. Two weeks from today, I'll get paid again, the final garnishment check. After that, I'm going to contact that lawyer again and try to get everything finished up. They said if Hanna is NOT representing Cap1 and these vultures really did garnish me illegally, I'll be able to get the ENTIRE $1538.59 back, and up to $1000 in damages.

I'll promptly be mailing a check to Cap1 to get that taken care of, then have Hanna send me a nice little embarrassing letter of apology for putting me through stress for the last year. Wonder if I'll be able to get anything else?


Submitted by on Thu, 09/02/2010 - 21:10

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Quote:

Originally Posted by Anonymous
I got my letter served to me several months ago by Dekalb County here in Decatur, GA by a police officer. Hadnt heard anything yet regarding any court dates though. I told them to send me a settlement letter 2 months ago and still havent received it. I must say, the woman I spoke with was very rude. My wife has been on my case about this and she is just telling me to pay it off and be done with it but after reading this forum, I dont want to do that just yet. If I have a chance in this, I want to go down with a fight. I have a problem paying someone money, especially 1400 dollars if I havent seen any documents supporting their claim. I may owe capitol one, I may not, but they have to prove it.. What do you people think? What should be my next step? SHould I call them and tell them to take me to court?


Take them as far as it needs to go. They should prove what that have just as they want you to. Chances are, you would have more info. about the issue than they would anyway as the just purchased it from GOD knows what company after the original creditor sold it. I thought about settling with them but no way. Let's role bebe!!!


Submitted by on Wed, 09/08/2010 - 11:41

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Quote:

Originally Posted by Anonymous
Going to court against Hanna/Capital One in Fulton County Ga TODAY!!
When I received my "summons" I contacted Hanna to try to figure out what this was for. They basically said the same thing (paraphrasing), you owe capital one XXX and it needs to be paid today. Of course I argued as all they wanted was a checking account number and wouldn't provide any proof it was actually my account. They said I was outside the 30 day dispute window and because of that, the debt was valid. I never received a freaking thing from them until the summons was delivered.
I'm terrified and have a belly full of butterflies, but I will be double-dog danged if they will get one red cent of my hard earned money without admissible proof. I work to hard for the $$ to just hand it over to someone who feels I owe them money. WISH ME LUCK!!!


I wish you all the best. Go getem!


Submitted by on Wed, 09/08/2010 - 11:42

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I am a former employee of Hanna and believe me, the work environment is just as toxic as the things he does and has done to all of you. The employees are treated like convicts and are subject to sexual harassment from the gross attorneys theire on a daily basis. Ever since Robert Winter and Joe Cooling took over the firm, things have made a fast advance downhill. They are money hungary, evil human beeings. Their is not a faithful attorney in that office. After researching things with my attorney over the past couple of months, there are almost as many lawsuits against the firm from former employees as debtors. There are numerous things that go on at that place that are against FDCPA and FTC law. Did you know that an attorney will never even see your file unless their is a problem? Legal Assistants approve those accounts for suit. (legal assistants with NO prior legal experience or degree). I am not worried though because the cannot treat people this way forever, eventually someone will bring them down.
A few tips for you guys out there:
NEVER give them your banking information. If you are going to make payments, pay by money order.
Request strict proof of validation including signed contracts, applications, itemized statements.
Dispute your account!
File and answer to your lawsuit DENYING account and requesting STRICT PROOF of account. If you admit to the debt, automatic judgment.
NEVER tell them where you work.
They hardly ever had documents for their clients and if they could get them, your case would have come and gone on the calendar.
DO NOT sign a consent judgment unless you plan to pay. You are signed a judgment which grants them the ok to file garnishment in the event you default payments.
REPORT any fraudulant activith to the attorney general's office or department of consumer affairs. These 2 groups have been actively investigating the firm for awhile now.
Hope this serves as help for all of you.


Submitted by on Thu, 09/09/2010 - 11:25

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I got my case dismissed!

This was a credit card that I owed several thousand on. I couldn't pay and the bank would not settle, so in protest to the bailouts they got and the increased rates they then gave me, I decided they were not getting one more dime and so I stopped paying. I completely ignored them. Didn't answer phone calls and threw the mail away.

Finally they charged off my account (But did not "sell" it). They reported it to my credit bureaus and then gave it to Fred Hanna to collect. I got letters from them but I ignored those and their phone calls. After I stopped paying, I spoke to absolutely no one!

One day, the Sheriff knocks the door and serves the spouse with a summons, or a complaint. I was being sued.

I searched the web for info on how to fight this. I was nervous because I found stories where people lost. But there were so many about how people won. So I said what the heck, I'll fight to the bitter end since all I have to lose is money I owed anyway.

But you should have seen the complaint. It was so vague. It only had my name, an amount that I owed and them crying that I refused to pay and they wanted the court to make me pay. No account number, description of type of debt, nothing.

So I filed my answer with the court and basically denied I owed anything and filed an affirmative defense that they failed to state a claim. Just saying I owed something did not give them the power to take anything from me.

They sent me a packet of Discovery documents. They wanted me to provide them with their evidence!

Here's where I may have gotten lucky ... I failed to answer those Interrogatories and Discovery demands. But I was prepared to say I never got them because the mail man actually left the green Certified Mail return card on my door! So, Knowing what that was for, I did not go pick it up. I was prepared to say I was never served those documents and they would have no proof they sent it.

But luck had it, the court scheduled a trial date so soon after I got served those docs.

So I went to court. I was nervous. I had no idea what Fred Hanna may have on me. The Judge called roll and asked if we would go out to the hall and try to settle. Fred Hanna's Attorney was so nice! Shook my hand, opened the door for me and smiled so friendly.

Pfft ... I knew then that he had nothing! He tried to talk about settling. I immediately asked him what this alleged debt was about. Was it a loan? A credit card? I did not recognize the account number and I had no other information about what this was. Why would I settle on some mystery debt? He then said it was because I failed to respond to their discovery requests and that's why they had nothing to show me. I said, but those discovery requests are for me to provide YOU with information. Doesn't the bank have this info? He flipped through 3 pages in a manila folder and there was NOTHING! I couldn't believe it was going to be this easy. He really had absolutely nothing on me.

I told him I was prepared to ask the judge for dismissal. He then pulled out a sheet of paper - a voluntary dismissal form that we both signed and went downstairs and had recorded.

Case was dismissed without prejudice. I watched the attorney leave the court house with his head hanging low. He filed dismissals on all his cases that morning.

I think it's better if you NEVER EVER communicate with the debtor if you plan to stop paying and get out of the debt. They really have nothing to go on.

.


Submitted by on Sat, 09/11/2010 - 11:47

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So I thought I was done with this.. I've had some other money troubles (besides my debt to Cap1..) and I kinda got overdrawn in the bank. I took too much cash out, forgot I had some automatic withdrawals coming out, ended up $590 in the hole. I wasn't aware I was THAT FAR overdrawn. I thought maybe $200, and that would have been fine. My check was supposed to go in the account, only supposed to have $48.29 garnished and that would have "settled" me for good with Hanna. Of course, my luck comes through once again, and my check was only $524.15. That's almost $300 less than what it normally is without any garnishments. I won't be able to see the breakdown of my check until I actually GET to work, but I'm 99.99% sure they garnished 25% of my check AGAIN, giving waaaay too much money to Bibb County.


Submitted by on Thu, 09/16/2010 - 07:12

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Well ready everyone's post is very interesting here. I however have not received ONE document, certified letter or summons from these ppl and my bank calls me today saying they were served with garnishment and had to abide by the law so this frickin law firm just took every penny I had and just totally blindsided me.
The lady at my bank had to give me the info on who it was from and a number to call. I called and spoke with a very rude woman who said when I pay the money they would un-freeze my acct but until then anything I deposit will be sent directly to them. I asked for the name of the company they were representing..she could not answer but did say "I have a document with your signature that states you will pay X amount every month." Now I am trying to get some type of original paper documents which they seem not to want to send to me. My bank however is sending copies of the garnishment that was sent to them. So hopefully I may get to the bottom of this. And the rude woman at FJH said this was from 07 and from some debt collection agency representing some company I have never heard of. If anyone has some advice, I am willing to listen and am grateful for. BUT right now, they've screwed me badly!!!!!!!!!!


Submitted by on Fri, 09/17/2010 - 23:23

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I too had a case with Frederick J. Hanna & Associates. Two in fact in the Magistrate Court of Cobb County (GA). The hearings were this morning. My advice to anyone with a case against them, ADMIT NOTHING, SAY NOTHING!!!!!. Do not respond to letters or complaints. When you are served with a summons, answer online denying all claims and wait for your court date. Go ahead and fight them in court. The attorney representing them was not Dennis Henry, although he was listed on the original complaint, it was James T. Freaney. Dennis Henry had 11 cases on the calendar this morning (2 were mine). Of the 9 other defendants, I believe 5 were in court. Mr. Freaney spoke with each of us individually after the judge read the calendar and gave his instructions. The court requires that the parties meet to discuss a settlement and EXCHANGE ALL EVIDENCE. Mr. Freaney spoke with four defendants before he spoke with me. Every time he re-entered the courtroom with a voluntary dismissal notice. When I spoke to him the transcript of my conversation with Mr. Freaney.
James T. Freaney: "Is there anything we can do here?"
Me: "Yes, you can dismiss both cases."
After looking at his files for 10 seconds.
Freaney: "Okay."
Me: "Both cases!"
Freaney: "Yes."

I didn't ask for any evidence and he didn't offer any, because they did not have any evidence to submit. They did not have any witnesses to call and they had no case. If he to go before a judge with no proof of anything, the guy may be disbarred or arrested.

Unfortunately the woman he spoke to after me for some odd reason agreed to pay $4000. And that is exactly what these vultures prey on. People ignorant or scared enough to agree to pay because someone tells them they have to.

This guy knew I meant business and didn't bother to try to strong arm me. Others may not be as fortunate.

Let a judge tell you that you owe the money. Make it as difficult as possible to collect a judgment. Don't simply hand over your bank account information. Most times you are not paying anything to the original creditor anyway and you will end up in a worse position. The worst thing that can happen is that you lose. And even if they show up with witnesses and original documents, you can appeal.

Magistrate Court is a court of the people. It is designed for individuals to be able to represent themselves. Do you think that a quality attorney is going to waste his/her time in small claims court. No way. Do not be scared to fight for yourself. You will be surprised how intimidating a confident presence can be.

2 cases, 2 dismissals, 10 seconds

-Victorious in Marietta, GA


Submitted by on Mon, 09/20/2010 - 08:35

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Quote:

Originally Posted by Anonymous
I got my case dismissed!
Case was dismissed without prejudice. I watched the attorney leave the court house with his head hanging low. He filed dismissals on all his cases that morning.
I think it's better if you NEVER EVER communicate with the debtor if you plan to stop paying and get out of the debt. They really have nothing to go on.
.


Absolutely right my friend. NOBODY TALKS, EVERYBODY WALKS. It works for the mafia, it can work for you too. Just kidding, but the basic principle is correct. Just because someone says you owe something, doesn't make it so. The plaintiff has to prove in a court of law that the debt is valid and that they have the right to collect it. Everything else is just window dressing. So if you receive a letter, ignore it. If they keep calling you, ignore them. If you get a summons from a court of law, answer it immediately and deny all claims. Don't bother with requesting documents and discovery unless you are required to do so.
Go to court. Make them prove the case.

I had two cases dismissed this morning in Magistrate Court of Cobb County (GA). This court requires a mandatory settlement conference before the hearing proceeds. I spoke with the attorney representing Frederick J. Hanna & Associates, James Freaney.

He asked me "Is there anything we can do here?". My response and the only words I said to the attorney from Frederick J. Hanna were "Yes, you can dismiss both cases." 10 seconds later he agreed. Why? Because he had no evidence. If they had any legitimate documents, they would have been included with the original summons and complaint.

Attorneys who take these kind of cases and represent these "companies" are exactly what you think they are, bad attorneys. They are trying cases in a court designed to specifically accomodate individuals representing themselves.

My advice to anyone who is sued by Frederick J. Hanna & Associates, tell them to go F themselves and make them prove everything in court.


Submitted by on Mon, 09/20/2010 - 08:47

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Hello everyone! I'm grateful for this site and would like to take the opportunity to share my experience dealing with this team of attorneys. I too received a summons roughly about two months ago. I requested proof of the debt also and never received it. Today was my hearing when I entered the court, the clerk told me to talk to the attorney outside to try to settle before we see the judge. First the attorney showed me a statement and told me he could give me a very good deal if I wanted to settled. I ask did he have any other proof or anything with my signature on it. He said he didn't so I told him well we can just go before the judge. He immediately pulled out a voluntary dismissal. I waited for my copy and was free to leave. Thank you God!!!! Do not just ignore your summons. Answer it and go to court and make them prove it!!!! Good Luck Everyone! We work hard for our money so why not fight hard!!!!!


Submitted by on Mon, 09/20/2010 - 08:52

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I just posted two messages regarding my victory today over Frederick J. Hanna & Associates. I forgot to thank all the nameless posters who through this discussion board directly and indirectly gave me great advice on how to fight my case.

I was so thoroughly prepared for what to expect that I believe I scared the crap out of the ambulance chaser with my total confidence when I told him, "Yes, you can dismiss both cases" in response to his question "Is there anything we can do here?"

I want to thank everyone for posting their stories of bullying the bullies. If there is anyone out there that needs help I want to offer my advice and support. Scum like this company needs to be destroyed and I want to help. I checked the calendar for today and Dennis Henry, the "attorney" that filed the complaint against me had 27 cases between the two court sessions. I wish I could have personally advised the 25 other defendants.

I will continue to check this discussion board and anyone that wants my advice, ask "VICTORIOUS IN MARIETTA" and I will respond.

Thanks again.


Submitted by on Mon, 09/20/2010 - 08:56

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Quote:

Originally Posted by Anonymous
Hello everyone! I'm grateful for this site and would like to take the opportunity to share my experience dealing with this team of attorneys. I too received a summons roughly about two months ago. I requested proof of the debt also and never received it. Today was my hearing when I entered the court, the clerk told me to talk to the attorney outside to try to settle before we see the judge. First the attorney showed me a statement and told me he could give me a very good deal if I wanted to settled. I ask did he have any other proof or anything with my signature on it. He said he didn't so I told him well we can just go before the judge. He immediately pulled out a voluntary dismissal. I waited for my copy and was free to leave. Thank you God!!!! Do not just ignore your summons. Answer it and go to court and make them prove it!!!! Good Luck Everyone! We work hard for our money so why not fight hard!!!!!


Which court were you in? I went through the same thing this morning in Marietta, GA.


Submitted by on Mon, 09/20/2010 - 08:57

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Hi all, I have a question regarding dealing with Frederick Hanna. I've been making payments to them regarding a BOA credit card that was charged off. They don't "own" my debt, they told me they are collecting on behalf of BOA. I've gotten my debt down to under 10k from over 15k. Is it possible that I can tell them I don't want to deal with them, and that I will only deal directly with BOA from here on out? I've been making payments of a little over 600/month, and this month I simply can't make any payment. They won't let me miss a payment, and have only pushed back the payment date one week. I've told them the money won't be there, and they said I need to make sure it's there. They make automatic withdrawal from my checking account (after reading on here I now know that this is a mistake), but can I tell them I have revoked their privilege to withdraw money from my account? Can I still deal with BOA even though it's charged off?


Submitted by on Mon, 09/20/2010 - 16:15

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I have been recieving phone calls from Hanna and Assoc. for several weeks now and they have also sent a letter through the mail. The first thing I did was call Discover who confirmed that Hanna and Assoc was handling my debt. I asked if I could speak with Discover about the debt and they informed me I could not that I had to talk to Hanna. However, after reading the posting on this site I am not sure how to go forward with any actions. I am at this moment going through a divorce and am waiting for the trial date so I can be rendered free and revieve my half of the eauity from the house and be able to pay off my debts and move closer to financial security. I dont want a judgement against me nor do I want to file bankruptcy to keep creditors away. Please help in ways on how should I handle this situation. Thank You


Submitted by on Thu, 09/23/2010 - 11:26

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I just received a call yesterday from a relative saying a Forsyth County Sheriffs Deputy showed up to deliver a summons on Saturday. The interesting thing is that I have never lived at this address. On top of that, I have had zero previous communications with the Hanna Firm that I am aware of. Not knowing what this is for, should I call the court to inquire and plan on showing up at court -or- should I call Hanna for details and abuse? I am concerned that some have had judgements levied against them with no previous knowledge of and/or previous communications with Hanna.


Submitted by on Mon, 09/27/2010 - 09:51

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Adamae, there is good news and bad news. You have 30 days from the date you are served in GA to file an answer, so it looks like you still may have time. Get an answer filed! The bad news is that by contacting FJH and trying to make a payment arrangement, you have basically admitted to owning the debt, and they may, and I say may, be able to use that against you in court. When contacted by these debt attorneys, never, never answer their calls or talk to them. You can only cause yourself more harm than good. Always send them a debt validation letter (which it is too late in your case). None the less, fight this thing like hell. It is very hard for them to prove anything especially if the debt is now owned by a junk debt buyer. If the suit is from the original creditor, you still can have a good chance. They almost never have any or enough documentation to prove the debt in court. If they can get the documentation, it is a time consuming process for them to get it, and in many cases, they are not willing to put forth the effort to get it. They are banking on you taking a default judgement or slipping up in the discovery process and admitting to the debt. In many cases, that is their only hope of winning. Since you are in Atlanta, I highly suggest you contact Lawrence Silverman at the Southeast Consumer Law Group in Marietta. I used him to defend several of my cases, and he is recommended on Bud Hibbs' website. If you could afford to pay FJH monthly payments, then you can afford Silverman, and it is money well spent. If you have an attorney, your chances of winning are probably 90%-100%. If you can afford to make monthly payments to scumbags like FJH, then you can afford an attorney to defend you. Trust me, it will more than likely save you lots of money and headaches down the road. I know this from personal experience.


Submitted by Lance Longstreet on Fri, 10/01/2010 - 16:06

Lance Longstreet

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Thank you Lance Longstreet for replying back! I've been trying not to beat
myself up so much about this and see it as you live and you learn. I will definitely look more into having a lawyer represent me and not try doing this thing any further on my own. I really appreciate you taking the time to give me your sound advice.




Take Care!


Submitted by Adamae on Fri, 10/01/2010 - 19:12

Adamae

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Quote:

Originally Posted by Anonymous
I just received a call yesterday from a relative saying a Forsyth County Sheriffs Deputy showed up to deliver a summons on Saturday. The interesting thing is that I have never lived at this address. On top of that, I have had zero previous communications with the Hanna Firm that I am aware of. Not knowing what this is for, should I call the court to inquire and plan on showing up at court -or- should I call Hanna for details and abuse? I am concerned that some have had judgements levied against them with no previous knowledge of and/or previous communications with Hanna.

The first question is: Did they actually serve your relative with the complaint, or were they just looking for you? If they served the relative, then your 30 day window is ticking and you need to file an answer. If they weren't served, then you have not technically been served yet and the 30 days is NOT ticking. The second question is: If your relative in Forsyth Co. WAS served, are you or were you also a resident of Forsyth Co. on the date the lawsuit was filed? I'm assuming that since your relative in Forsyth Co. was served, then the suit was filed in that county. If you are NOT a resident of Forsyth Co. when the suit is filed, then the suit is not valid and must be stated so in your answer to the suit. They must sue you in the county in which you live. Regardless, you must answer the suit.
If your relative wasn't served, this is my advice to you. I would call Hanna's office and inquire if they have a lawsuit filed against you. If so, then I would give them your correct address and let them serve you. Do not dodge this or hide from it. If you do, they may be able to get a default judgement against you without you even knowing it. When you contact Hanna, Only ask if they have a suit filed against you and give them your address. DO NOT SAY ANYTHING ELSE TO THEM, AND DO NOT ADMIT TO ANYTHING. Do not tell them the debt is yours. Just say that you look forward to answering them in court. Once you are served, answer the complaint and fight it! Get a lawyer if you can (and they may not be as expensive as you think), but if not still fight it. Again, most importantly, make sure you either hire a lawyer or file an answer on your own within 30 days of being served. If not, you lose automatically.


Submitted by Lance Longstreet on Sat, 10/02/2010 - 07:13

Lance Longstreet

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