Skip to main content
index page

Ever heard of "FREDERICK J hANNA AND ASSOCIATES ?

Submitted by on Tue, 01/20/2009 - 06:40
Posts: 202330
Credits:
[Donate]

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 !


I have a credit card that has gone into collections with a firm called Frederick J. Hannah (located in Georgia) and Associates. I have paid them 625.00 since they have had my account (March/April 2010). I was told by a gentleman since I missed my September payment that if I did not settle the account this month (October) they would sue me. Keep in mind I called their firm and left a message stating I could not make Septmeber's payment and asked if someone would call me to make payment arrangments. NOONE returned my call!! Now I am scared and wondered what to do! I told them that I would be more than happy to settle but I get paid at the end of every month and would not be able to start the payment until then. The gentlman stated that if I did not have the payment in by October 26th I would be sued. I again told him I get paid on the 29th and he stated that did not matter I needed to make a payment by the 26th. He would not work with me at all and I have been MORE than willing to pay my debt.What can I do?


Submitted by on Wed, 10/06/2010 - 09:39

( Posts: 202330 | Credits: )


I received a letter from Hanna & Associates on 9/25/10. I sent a validation letter this week (I live in the city it was sent from), but have heard no response from them, nor have I received the return receipt. I attempted to call and verify their mailing address, but the man on the phone wouldn't give it to me unless I gave him an account number. I refused, and he hung up on me. I recorded the call on my cell phone (Georgia is a single party consent state). I called the number from their website, and got through to a woman who just answered with "Law office". I asked her to verify that their mailing address was 1427 Roswell Road, Marietta, GA 30062, and she said that was correct. I recorded that call as well.

On the initial letter it lists a LLC funding company as the company it represents. That company is not my original creditor. Nor is the company it purchased the account from (Chase) nor is the company that they purchased it from (WaMu). I've already been through this once, from the same funding company, but through a "lawyer" in Arizona. I sent them a debt validation letter, and received no response. I have the letter, the mailing receipt, and the return receipt from that collection attempt. I'm assuming this is more of the same, and the fact that the firm in Arizona never replied, nor filed with the court (despite being a company with a nasty, bottom feeding reputation), makes me think that they don't have the validation I'm requesting, and possibly that said validation no longer exists, due to the multiple transfers of the account.

Am I missing something? Or are they wasting their time? Will they really go ahead with a summons without responding to my request for validation with actual, legal validation?


Submitted by on Wed, 10/13/2010 - 10:10

( Posts: 202330 | Credits: )


Got the collection letter. Sent validation request via certified mail. Got standard secretary letter with an amount owed and a settlement offer. No name and address of original creditor as requested. Nothing bearing my signature. Got summons. Answered summons with denial. Got letter back from them urging me to call and make payment arrangements. Ignored that. Received request for production of documents. Answered with denials. Requested my own and received copies of credit card statements and assignment of account. Just received a copy of plaintiff's motion for summary judgment. What's next? Do I file my own motion asking judge to dismiss theirs? I know that they have violated the FDCPA. Do I sight that or would that have to be a separate lawsuit? Thanks for helping me finish this mess up.


Submitted by on Fri, 10/15/2010 - 15:46

( Posts: 202330 | Credits: )


This is a very odd chat board. What do people think will happen when they don't pay their bills? They get sued. Then they get mad and try to blame other people. It would be easier to either (a) pay your bills or (b) except responsibility for not paying your bills, and either set up a payment plan or accept that a judgment will be taken against you. Very weak.


Submitted by on Tue, 10/19/2010 - 04:41

( Posts: 202330 | Credits: )


Just a heads up for everyone that went to court and beat Hanna and ASSociates. Just because you won doesn't mean the debt is going to go away, all they are going to do now it pass it off to another collector or IF Cap1 actually still owns it and is trying to collect, they are going to turn it over to another and you'll have to go through the same thing over and over. Cap1 is relentless with this crap. Anyway, if they do usually the second time around they are REALLY flexible and will settle for about 30% of the original debt, so if you legitimately owe it and CAN pay it, I would. But dont misunderstand, I wouldn't pay one cent to Hanna, fight them and give them nothing.


Submitted by on Tue, 10/19/2010 - 11:18

( Posts: 202330 | Credits: )


I was initially contacted by Midland Funding about credit card debt. I began making monthly payments to them until I was unable to afford it. I have now received a letter from Hanna stating that they represent Midland Funding and they are collecting the debt that is owed. However, neither party is my original creditor. I want to know can Hanna collect for Midland if I have basically admitted to Midland (by making payments) that I owe the debt to my original creditor?


Submitted by on Thu, 10/28/2010 - 06:13

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
This is a very odd chat board. What do people think will happen when they don't pay their bills? They get sued. Then they get mad and try to blame other people. It would be easier to either (a) pay your bills or (b) except responsibility for not paying your bills, and either set up a payment plan or accept that a judgment will be taken against you. Very weak.


???????'s i have to ask you
1) if you are unemployed how you expect someone to pay their bills
2) if you lose everything and live on the streets what do you expect someone to do
3) if you fall behind and the cost is taking everything you're makiing plus you have cut your budget to barebones how you expect someone to live
4) you try to work with your creditors and they want all their money at one time what you do


Submitted by triniskier on Thu, 10/28/2010 - 07:36

triniskier

( Posts: 184 | Credits: )


Alot of good information on this board for sure

I think one of the members earlier made a good point in saying that even winning a suit brought by Hanna will not make the debt go away, so the question is what the debtor's main objective is. If it is to dodge or win lawsuits until the SOL has ran, he/she may be living with poor credit for quite some time, with the plus side being not paying on any of the alleged debts.

On the flip side, settling with the OC directly or a more ethical collection agency for say 20% or 30% of the original debt (if given that opportunity) might suit some people looking to clear up their credit reports/scores sooner. Keep in mind the 1099 statements issued for the IRS associated with any settlement.

I too received a letter from Hanna recently. I sent a DV letter and am waiting to hear back. I'm fairly sure they will send a generic response as they have done to others and I already have a response letter ready in anticipation. If they do decide to sue me, in CA, I'd love to ride it up to the day of trial or even try to get it knocked out prior.


Submitted by on Thu, 10/28/2010 - 11:38

( Posts: 202330 | Credits: )


I just had a garnishment of my checking account for a Credit Card debt Hannah States that I owe for. I never received anything from the court or Hannah & Assocites stating this was going to happen. The statue of limitations has run out for this debt for it is over 10 years old. Is there any way I can have the garnishment stopped?


Submitted by on Mon, 11/01/2010 - 11:59

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
I was served papers for a judgment against me from these scum bags today. They are supossedly representing Discover Card. I am thinking about hiring a lawyer to assist in dealing with them.


Can you just close the bank account? I was wise to leave a 0 balance in my account as soon as I knew a judgment was coming. Check online for the status. Open account in different state or just use a trusted relative name to pay bills until it's resolved.


Submitted by on Tue, 11/02/2010 - 16:56

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
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

Before you file bankruptcy. Follow your case closely in the courts (every week). Usually you have 30 days to comply to a request. This can by you sometime until you "hide" your money. Ask your employer to pay you by check (not direct deposit). I would suggest opening up a check account in another state (spread your money out in different accounts) this would require them to do more work. Also, a small bank or credit union (avoid the BIG banks). Then, when you are ready to file Bankruptcy - be sure you have taken your cash out of your account (gradually). Then go talk to your bankruptcy lawyer.


Submitted by on Tue, 11/02/2010 - 17:04

( Posts: 202330 | Credits: )


I need help please! I was just served a "statement of claim" from the Magistrate Court in Gwinnett Co. Hanna is suing "on behalf" of Capital One. Can someone please help me. I am very willing to fight, but I have no idea where to start.

Thank you in advance to anyone willing to assist me!!


Submitted by on Sun, 11/07/2010 - 06:21

( Posts: 202330 | Credits: )


I received a summons on Saturday that I am being sued by Hanna on behalf of Capital One. I really do not know what my next step should be. Let's just say, if I ever did have a Capital One account, it has since been charged off. Can someone please help me??

Has anyone ever went to court to fight against them and lost? I have read several posts that the people that actually go to court, get their cases dismissed. I will be willing to go to court. If I do lose, does anyone know what kind of payment arrangements the judge is willing to make? Are they nicer to work with than Hanna?

Thanks in advance for any help you can give. I am scared and just don't know what to do. I do not have money to hire an attorney :(


Submitted by on Sun, 11/07/2010 - 17:47

( Posts: 202330 | Credits: )


I am married and have a seperate banking account from my husband. If they do win, can they garnish my husband's wages? We are in Georgia.

Thanks!


Submitted by on Sun, 11/07/2010 - 18:22

( Posts: 202330 | Credits: )


Thank you. I have sent a letter to Hannah as shown on the post and recieved the standard letter stating the amount and that it is a debt with Discover. Not sure if I should send a second letter requesting the information again. Also, I have also started recieving my payroll check instead of direct deposit. Now I sit in wait. Is there anything else I should be doing at this time?

Thank you so much for your help.


Submitted by on Tue, 11/09/2010 - 11:12

( Posts: 202330 | Credits: )


Just got my case vs. Capital 1 dismissed today in Bartow County Magistrate court using info from users here. Same old same old. Attorney listed was Dennis Henry, the young fellow that showed was Daniel Greene. He was very polite and respectful. Hopefully he ends up at a reputable firm.

I did something a little unorthodox in that I actually called them and demanded debt validation on the phone also. My point of contact was a Ms. Nicole Brown, extension 3348. She could be the most unintelligent person ever to work at a law firm. She told me that, because the case was going to magistrate court, there was no validation required whatsoever. HA!!! I replied, somewhat jokingly, "Well what if I told Bartow County that YOU owed ME $10,000. You would be forced to pay me even though I had no evidence that you owed me anything?" She replied, "NO". I told her, "That's exactly what your firm is trying to do." She hung up.

I will say that there was some attempted trickery on their part. Mr. Greene waltzed up the the clerk and quietly said they had already settled the case of (My Name) vs. Capital One. I immediately stood up and intervened. There was never a deal discussed. Lucky I was paying attention!

Then their attorney also tried to bluff me a little. I demanded anything linking me to Capital One, or Hanna to Capital One, or me to Hanna. He (predictably) produced nothing. He then told me that there was nothing in GA law stating that the Plaintiff must proved the debt is owed by the Defendant. I was shocked that he would even try this approach. I ignored that BS statement and just asked him again why he had even wasted my time. He pulled out a Voluntary Dismissal immediately.

DO NOT let these sleazy knuckleheads pull the wool over your eyes! They have NOTHING ON YOU!!! And they WILL LIE when you are alone!

I will say that HANNA came out well today. There were 7 defendants including me, and everyone else admitted the debt and settled for an obscenely high amount. Learn from the mistakes of others....


Submitted by on Tue, 11/09/2010 - 12:52

( Posts: 202330 | Credits: )


I recieved a summons back in september. I replied back via certified mail. A whole month later. I rec via mail and a card to pick up cert mail the same discovery requests.ie request for production of documents,first interogatoreis to defendent,and first request for adms of fact sent via reg mail and cert mail. No court date listed just paper saying I have 60 days to rely to requset for production of documents and notice to produce to defendfent and 30 days re requser for admission of facts. please advise and help


Submitted by on Thu, 11/11/2010 - 07:25

( Posts: 202330 | Credits: )


I've tried making a thread regarding my question but it won't show up for some reason, anyway here it is.

I received two letters from The Law Office of Anthony H. Rodriques regarding my two Bank of America accounts.

The two letters came in the regular mail, I didn't have to sign for them. The letters basically state that they took over the accounts and want payment for both.

It states that I have 30 days to dispute the validity of this debt, and if I fail to do so they will obtain a judgement against me. It also states that at this time, no attorney with this firm has personally reviewed the circumstances of either account.

I also recieved at work a fax that was left on my desk stating that it was a verification of employment. I am wondering if I should sign it and fax it back showing refused.

I've heard bad things about these collectors. Any ideas or suggestions?


Submitted by texansfan on Sun, 11/14/2010 - 14:36

texansfan

( Posts: 39 | Credits: )


I was served on 9-22-10 by this Clown of a Law Firm from what i have read...... I have already typed up a validation letter and requested that i see proof of these alleged dabts, proof that he is even licensed to practice law and requesting any documents baring my signature. I will be sending that off today but i just want to know should i also contact the courthouse ( i stay in Dekalb County GA ) and go ahead and dispute this case as well?? I have the letter ready for these clowns with all my ammo ready to fight back I just need to know do i have to take this to court or should I respond to the Court??


Submitted by on Mon, 11/29/2010 - 08:50

( Posts: 202330 | Credits: )


I was served by this skumbag law firm and i am fighting back , and i have more than enough confidence now that i see i am not the only one going through this. I am composing a validation letter and before i mail this thing off what is the correct address for this place??? i hear that some people got responses back and others are still waiting and did not get their certified slip back, and they dont give their current address out over the phone. I just want to know what address i should send this letter too for validation against this alleged debt. Ohh im in the Atlanta area and its against this Hannah fellow....


Submitted by on Mon, 11/29/2010 - 09:06

( Posts: 202330 | Credits: )


My journey started several months ago with Hanna. I got the initial collection letter and replied asking them to validate the debt. I got back a standard letter from the secretary stating an amount and that I owed it. I didn't get the name and address of the original creditor which I requested and I know is a violation of the FDCPA. I soon got another letter offering me a settlement. Then came the summons which I answered. Then came requests for production of documents, first interrogatories and admission of facts. I answered all with denials and requested my own documents including an original contract bearing my signature. They couldn't produce that but they did have some copies of credit card statements bearing my maiden name. I had been waiting to meet these people in court and then I got a motion for summary judgment. I answered the motion objecting to it and stating that it was my constitutional right to question anyone who would bear witness against me because they had included an affidavit of someone and that it should be considered hearsay. I stated that they had not shown proof that they were legally entitled to collect the debt. And I stated that the copies of credit card statements without any contract bearing my signature should be considered inadmissible. I have been checking the court docket periodically and today I learned that last week the judge granted their motion! I didn't get my day in court and am so dismayed. I don't know what to expect now. I will be so embarrassed if they get a garnishment. I'd rather pay through the court or to them directly. Had I known all this, I would have taken their settlement offer. At least it dragged out long enough for me to get my car paid off. Thank you for the advice given here and good luck to those still dealing with them.


Submitted by on Tue, 11/30/2010 - 19:22

( Posts: 202330 | Credits: )


They have so many cases flooding the courts that the clerk's office can't get them posted online in real time. They are a week and sometimes more behind. I haven't received anything in the mail yet. I was so encouraged by the stories of others on here that had gone to court and got their cases dismissed. I guess I am one to provide the other side. I really believe that I did everything right. (except default on a credit card that I had when I lived in another state) I know I owe the money but I'm just not sure it's to them! Now I owe court costs too :(


Submitted by on Wed, 12/01/2010 - 20:02

( Posts: 202330 | Credits: )


I received a summons and answered it with Affirmative Defenses. I then received a Reply To Affirmative Defenses in which they denied each and every defense "propounded" on them. This was the last I heard from them, and also the last update on the online docket. It was back in June of this year.

What can I expect next? I thought by checking online daily I'd be safe but now I know better. Could they possibly get a judgment without me having even a chance to defend myself? And could they somehow levy my bank account w/out word?


Submitted by on Fri, 12/03/2010 - 14:12

( Posts: 202330 | Credits: )


I just found this Forum wish I had found it earlier. Nov. 15 a Haralson county deputy served 2 summons for capital one and discover I responded with this letter how bad did I screw myself?

DISCOVER BANK
PLAINTIFF
CIVIL ACTION FILE
VS.
NUMBER 10-CV-1080M

DEFENDANT


DEFENDANT???S RESPONSE TO COMPLAINT

1) The Defendant admits to being a resident at the address provided by the Plaintiff.

2) The Defendant admits being indebted to the Plaintiff, but rejects all monies owned in attorney fees.

3) The Defendant denies refusal to pay debt. Due to reduced income and medical expenses incurred, the Defendant is unable to pay this debt. The Defendant has not willfully or intentionally refused to pay the debt to the Plaintiff.

4) The Defendant received the Plaintiff???s demand for payment and attorney fees. However, due to the financial restraints of the Defendant, the Defendant prays for discharge of debt. The Defendant understands that a discharge of the debt will have a negative effect on his credit report, but any judgment placed against the Defendant would place an undue hardship on him and his family. The Defendant would be unable to pay for basic living expenses such as food, housing, utilities, and medication if judgment were placed upon his income.


Submitted by on Thu, 12/09/2010 - 07:04

( Posts: 202330 | Credits: )


Well, you pretty much admitted that you owed the debt in your answer which is a big no no. Your chances of having this case dismissed are now pretty much nil. Also, you used the fact that you cannot pay the debt as a defense. Unfortunately, just because you can't pay is not a defense, and the court will not discharge the debt because of that.

Now that you have admitted to the debt, the plaintiff's attorney will more than likely file a motion for summary judgment now that you have admitted that you are "guilty", so to speak. My advice to you is to file a motion for a hearing on damages. There is no longer a question that you owe money since you admitted the debt, now it's just a matter of how much. When you are granted the hearing on damages, make the plaintiff prove every cent that they claim you owe. Make him provide solid evidence with statements and how he calculated interest, fees, etc. If you do not request a hearing on damages and make them prove to the court they are entitled to the amount they claim you owe, then they will be awarded everything they sued you for.


Submitted by on Thu, 12/09/2010 - 19:13

( Posts: 202330 | Credits: )


Hi, I have a court summons right here next to me from Hanna stating that the plaintiff is Discover bank.

I received this 8 days ago and I'm going to deliver my summons response in person on Tuesday. They are suing me for principal and interest and $80 of costs to date along with attorney's fest etc. After reading this forum, I've decided to go to court, but I'm also contemplating filing for bankruptcy anyway.
Does anyone have any suggestions? I would like for this to be done and over with, I know the debt does not disappear and I looked at my credit report and it shows that Discover bank pulled my credit report this month. So I'm assuming they are probably planning on taking me to court themselves.

If I understand everyone correctly... I need to deny everything and ask for verification that Discover bank is indeed their client (which I'm pretty sure they are not) and hopefully that will work?

Attached to my summons is a copy of a final statement from Discover (only the first page) followed by the credit card agreement. The statement has my name and account number. I guess I'm not sure how I'm supposed to deny that the debt is mine if the statement is right there. I know I should ask for something with my signature on it but what if that alone doesnt work since they have a copy of that page of the statement?

can someone PLEASE help me? I'm terrified, but also confident that they are scumbags. I'm just nervous because a copy of the statement is right there so I dont know if I will be able to deny the debt. I know that I can always demand proof that Discover is their client and that they are authorized to collect the alleged debt, and I can ask for a contract with my signature, but what if the judge sees that statement and to him it is evidence etc?

I have been almost worried ill this week thinking about all of this. I owe a pretty large amount and I'd hate to look like an ass in court w/ so much money owed. Also I'm a stay at home mom w/ no income and no assets. I'm in Georgia and I know that they cant come after my husband, but can they garnish my bank account? Should I change my account to only my husband's name? And one last question, if I file for bankruptcy next week, will they have to stop all the legal proceedings or am I too far in the game for it to affect this debt?

Thanks for your help!! :confused:


Submitted by on Fri, 12/10/2010 - 18:59

( Posts: 202330 | Credits: )


Hi, I have a court summons right here next to me from Hanna stating that the plaintiff is Discover bank.

I received this 8 days ago and I'm going to deliver my summons response in person on Tuesday. They are suing me for principal and interest and $80 of costs to date along with attorney's fest etc. After reading this forum, I've decided to go to court, but I'm also contemplating filing for bankruptcy anyway.
Does anyone have any suggestions? I would like for this to be done and over with, I know the debt does not disappear and I looked at my credit report and it shows that Discover bank pulled my credit report this month. So I'm assuming they are probably planning on taking me to court themselves.

If I understand everyone correctly... I need to deny everything and ask for verification that Discover bank is indeed their client (which I'm pretty sure they are not) and hopefully that will work?

Attached to my summons is a copy of a final statement from Discover (only the first page) followed by the credit card agreement. The statement has my name and account number. I guess I'm not sure how I'm supposed to deny that the debt is mine if the statement is right there. I know I should ask for something with my signature on it but what if that alone doesnt work since they have a copy of that page of the statement?

can someone PLEASE help me? I'm terrified, but also confident that they are scumbags. I'm just nervous because a copy of the statement is right there so I dont know if I will be able to deny the debt. I know that I can always demand proof that Discover is their client and that they are authorized to collect the alleged debt, and I can ask for a contract with my signature, but what if the judge sees that statement and to him it is evidence etc?

I have been almost worried ill this week thinking about all of this. I owe a pretty large amount and I'd hate to look like an ass in court w/ so much money owed. Also I'm a stay at home mom w/ no income and no assets. I'm in Georgia and I know that they cant come after my husband, but can they garnish my bank account? Should I change my account to only my husband's name? And one last question, if I file for bankruptcy next week, will they have to stop all the legal proceedings or am I too far in the game for it to affect this debt?

Thanks for your help!!


Submitted by on Fri, 12/10/2010 - 19:00

( Posts: 202330 | Credits: )


I got my letter from Hanna today saying that "their" client had been awarded a judgment against me. It says that they would like to discuss payment arrangements with me. I can see by the amount on the letterhead that they are already charging some sort of interest. I would like to pay them directly and avoid garnishment. I don't feel comfortable calling them. I have managed to keep a phone number from them all this time. I'm thinking of setting up a yahoo email account just for them. I figure I can send them a money order via certified mail and send a copy of it to the court. I just want to make sure that they don't illegally get into a bank account but I want to make sure that a money order is documented. Has anyone else had dealings with them post judgment? I appreciate any feedback. Thanks.


Submitted by on Mon, 01/03/2011 - 14:16

( Posts: 202330 | Credits: )


Thank you to everyone who has replied on this forum. Although I feel my nightmare is still continuing, reading many of these posts has put my mind at ease a bit.

I just received the same generic letter that many people have received from Hanna & Associates. Reading a few of your stories a few of you have said to NOT reply to this letter. On other boards people have said to reply to the letter within the 30 days requesting validation. Which option should I go with? Continue to ignore all calls and letter until the court order comes (IF it comes) or shall i respond with a DV letter?

- FMD (Florida)


Submitted by on Sun, 01/09/2011 - 08:09

( Posts: 202330 | Credits: )


Hello,

I was served a couple of days ago (I live in Dekalb Cty in GA), and I need to file an answer. What do I say in the answer? Does anyone have an attorney whom they have used in the past in metro Atlanta?


Submitted by Opportunity on Tue, 01/18/2011 - 13:51

Opportunity

( Posts: 7 | Credits: )


A little trade craft 411 for information purposes ONLY.

Rule no 1 read every post here and formulate you own da or ida ( direct action or indirect action ) plan. this is a numbers game for them and all they want are EASY MARKS that they can clobber over the head like a baby seal.

2. make them work and work hard , every piece of mail you get , return to sender ( dont and use your hand writting ) they will get this back put in your file. YOU ARE NOT OBLIGATED TO OPEN OR RECEIVE UNWATED MAIL.

3. Never awnser certified mail from anyone, this also will go into your file with them. This gives you bonafides that you dont know whats goin on.

4. Never ever and I mean ever awnser a call from an 800 , unlisted or unknown number if you drop the ball and do awnser the phone and if they use your full name or cant recognize the voice or you feel that uneasy moment then dont admit identity.

5. Ask who they are if they awnser dont worry about it, etc, or are rude then tell then they have the wrong number or that you dont know anything and you have nothing to say , you get the point your response will short and polite and if they continue just hang up and learn your lesson. ( I tend to be an sob and say the person they are looking for is no longer here or a variation of that ). This will frustate and confuse their skip tracers

6. I always suggest get po box , and send that new address to your utility companies, creditors, insurance companies, every one as a point of contact , then use return to sender rule. btw alot of times they tend to get their info from insurance and utilities, they usually have someone on the inside that they pay for info of clients they are after. or use another physical address as a point of contact . ( good friend , family member etc ) Gas co and Ga power are usually their primary sources.

7. Preparation is key, set up 1 or 2 bank accounts outside of your normal one just in case, and if out of state the better. If you know you are goin to get got, or open a pay pal acct use it as your primary bank, they will issue a debit card and you can pay your bills etc and they have a hell of a time finding it. much less goin after it , and gives you some piece of mind. Stay away from large banks , small banks or credit unions are best.

8. The less of trail you leave the harder it will be for them to find you.

9. If they try to serve you and see the marshall's car dont awnser the door , simple as that , they will usually make up to 3 attempts before they return the request of service back to whomever ids trying to sue you, by now they will usually mark it uncollectable and try to sell it or work it again. If you are not at home and household member is there the same rules apply dont awnser the door, if they awnser and they ask for you instruct them just to say I have nothing to say, remember unless there is a warrant or you are " caught " in public you are never obligated to awnser anything to anyone at any time in your property. They will try you to awnser and if you do say anything but I have nothing to say , you are giving consent to questioning and service. Dont acknowledge any questions not even a trick question like is it sunny etc, they will try to trick you. if you awnser other than i have nothing to say , you are done. and yes law enforcement can lie or use trickery to make you awnser and if you do thats consent to question and serve.

9. If you did not do no 8 for whatever reason and end up being served then awnser on the 29th or 30th day of service , they dont like it , it works agaisnt their calendar and deny deny deny all of it. Make then prove it ,

10. Use the prove it or remove it rule you can also use this on your credit bureaus if you dispute the validity of a charge of acct, or anything on your file , recording companies have 30 days by law to prove it or remove it from your file. Always request complete proof of debt , not just statements, ask for a certified copy of the original contract with the original creditor ALWAYS. dont forget its your obligation to make sure that all disputed information is removed if you dont, they will slip it in there after the 30 days or reinstate it and thats a no-no.

11. Keep good records and if you send any correspondence always return receipt certified ALWAYS.

12. When you stand tall in front of the man , go prepared write it down , and instead of formulating your response on the fly use your notes, or 3 x5 cards with your awnsers or things that you want say or ask .

13. Use the KISS principle , less is more, dispute the validity of the charge, ask for proof of the debt , ask for a certified copy of the original contract between you and your creditor, request complete proof of debt ie signed receipts etc, never ever accept obligation of debt. You can use this during mediation, if he has nothing and usually they wont have it then ask him to dismiss without prejudice if they refuse then go stand tall in front of the judge and he will make them prove it or remove it.

14 Make sure and this is on you that the SOL has been meet if not then fight it , if it has which there is a real good chace that it is, then bring it up and its c/o uncollectible, again this is on you to get.


15. If you fought a good fight and still lost then, make yourself judgement proof and that a lesson for another day.

Good luck .

MOLON LABE : )






5. Do not keep a voice mail msg its a dead give away and makes it easy for them to "skip trace you "


Submitted by on Mon, 01/24/2011 - 20:58

( Posts: 202330 | Credits: )