Ever heard of "FREDERICK J hANNA AND ASSOCIATES ?

So, I contacted Hanna via yahoo email to make payment arrangements post judgment. I was referred to their account manager and told her that I wanted to pay the debt off in sixty days in two payments. She said that was fine and to let her know when I would mail the first payment. I replied and I sent my first payment (money order via certified mail) by the date. The next business day there was a request for a FIFA on the court docket! I'm thinking I need to send a copy of the email and copy of the receipt to the judge. Thankfully, I have no property or bank accounts in my name. I guess the sheriff can have my faux jewelry! Open to suggestions.....Thanks.

I also got sued by Hanna last year -- his New Years "gift" to me. The summons was served by the county sheriff. I had replied to their dunning letter a few months back where they said they "represented" Cap1 and that I owed $X thousand dollars to their "client". I shot back with a DV letter, asking for validation, a signed contract, etc., the whole 9 yards, certified+return receipt. They replied with a "yep, we checked with them and you do owe them X thousand dollars." They also gave an account number and the date I opened the account with Cap1.

Then they went ahead and sued me anyway in Superior Court about 2 months later.

I think there's no point in even opening and answering their dunning letter. I tend to agree with the poster above, Chico Suave -- if you get that first letter from them, don't open it but put "return to sender". This may throw them off your trail. They will probably sue you anyway regardless of how awesomely legal your reply to them is.

I was too chicken to go it alone so I decided to hire a lawyer, to help me with answers. Yes, It's important to answer the court summons (within 30 days here in GA). In the end I got a voluntary dismissal from them !! Whether you hire a lawyer or not, you need to answer the summons, and deny all their claims. Hell, they even found something with my signature on it (it wasn't the contract though) -- but I still won.

I live in Florida

Do you want the contact info of the attorney I used? How do I contact you?

I am currently going through the same thing as everyone else. After reading these threads, I believe I have a good chance of winning. If they cannot recieve a signature or original credit aggrement then the case should be dismissed? Can someone help me? They have requested a mediation conference also:(

I also went through a court mandated mediation with them. During mediation, I asked for proof that the OC still owned the debt, and proof that they represented the OC. If they could not provide these, then there was no use in mediating with a party that could not prove that they are entitled to receive any money.

Otherwise I told them I would risk being sued twice if another party owned the debt.

Please post your case updates

(Do you want the contact info of the attorney I used? How do I contact you?)

How much the Attorney charged you?

to the poster who was filed in Dekalb Cty GA, lookup Charles Pekor & Associates online and call them. They may take your case on a contingency basis and go after them. They fought a case for me against Portfolio Recovery and won. He also told me they settled a case with Hanna for over $10k!

:pAlmost two years later and your post helped me to not be afraid of them. I went in against one of Frederick Hanna's associates on last Friday, February 11th 2011 and I almost agreed to a settlement to get him off my case but I told them to prove to me that I owed the debt and he had NOTHING! He quietly told me to go back into the courtroom and that he was dismissing my case. Me and at least 6 other people got our cases dismissed and one guy settled. These jerks never had any proof and had the audacity to sue me for almost $4000. He left the courthouse with his head hung low.:p

OP, thank you for sharing your story. It is partially thanks to you that I was able to successfully have my case dismissed this past Thursday (Feb 11).

Quote:

One thing I learned is that you need to show up to court. I went to court and the attorney could not prove my debt existed so the judge threw out the case. I did not show up the first time against j. Hannah and they crucified me. They won a judgement and doubled my original debt. This was done after they garnished my bank acct for $1600 dollars. Fight them in court, you will be happy with the result.

No license in Utah, what I hear dis that he will get a local attorney to do his dirty work for him. In Utah you also have to be registered to conduct collection activities - take a look at title 12 of the commercial code.

This is a wonderful site...... I will take what you have done and sleep better tonight. I have a court date on monday march 21, 2011........

I am in the process of responding to a judgement from Frederick J Hanna and group. I found this awesome site with an ebook on how to go about fighting them. The guy is from my state so it makes it even better. He is very informative and the book is cheap. You can google, "Stick it to Sue Happy Debt Collectors" or the site.

http://www.beatdebtcollectors.com/

I make no money from this site or anything. I am reading it today and have written out almost all of the necessary paperwork to respond to my judgement.

I have been paying these succum bags since July of 2010 and when I tried to contact them regarding my payments because one of my checks came back from the US postal office as "unknown address" only to find out that they changed their name and moved without so much as a letter. I also requested in writing that I needed proof with my signature on a documnent where I signed any kind of loan with "STERLING FINANCIAL" out of NEW YORK. I have rec'd nothing from them as yet and all I get is an answering machine....I think I am going to get a lawyer..though I would be a big boy and handle it myself but I am not going to get pushed over...

I received the letter from Hanna also saying I had 30 days to dispute the debt. Are they able to sue in NC

As they have given you 30 days to dispute, you should immediately dispute it. They will sue you if they can prove that you owe the debt and you haven't paid them.

How do I dispute it and are they able to sue in NC, are they licensed here? What is the best way to dispute it? The letter I got said they are representing FIA Card Services, I tried to go to the FIA web site and use the account # they have in the letter but was not able to log in. Any good advice would be appreciated?

YOU have to send a DV letter CMRRR to Hanna

Where do I get the form for the dispute letter ? What is CMRRR?

look on this site for a template for a DV (Debt Validation) letter and tailor it to your needs, and CMRRR is send it Certified Mail, return receipt requested it will cost about $5 but you will get the green card back when they sign for it, you need this for your records. That is your proof you asked for the debt to be validated by law, this is your right by federal law

I just started to be contacted by Hanna. I filed a pro se Chapter 7 and it was discharged in Jaunary 2009. Now, Hanna is threatening to sue me for a card I discharged in the bankruptcy. One of three credit bureaus is showing it still active, I have disoputed with them. I gave Hanna my (by now ancient) case number and the man on the phone (who said he was "Fred Hanna") stated "ok, you're right...we will deal with the debt appropriately" with a sneer in his voice. I'm assuming this means suing me. Sooo... My concern is that he claims he sent the initial letter to an old address. I never got it. I'm afraid my summons will go there too and as it is an apartment complex, it will be served on a John Doe and I will know nothing until my bank account is emptied or my wages garneshed. (Both of which will KILL me.) Is there a way to prevent this or am I just screwed?

Send that scum a copy of the discharge papers highlight that account, send it CMRRR and tell them if they contact you again they will be sued

Yeah what was said above. Inform this jerk that the debt was discharged in bankruptcy and should he even contact you again, much less sue, you will sue HIM.

The discharge paper doesn't show the individual accounts, because it was a Chapter 7. (everything goes.) I gave them my case number but refused my lawyers name. If they keep harassing me, I'll just give them his number. I'm just worried they will go all sneaky about this. I KNOW I won't have to pay, but they can still steal from me.

Jst. recently made debt settlement w/ Frederick Hanna & Associates; actually made 1st monthly paymnt. via automatic withdrawal fr. my checking accnt. I have verified that Bank of America has authorized them to collect. I called the CA recently to request to send me written copy of debt verification & the details of the settlement w/c we agreed upon via recorded message on the phone. Up to this date I got no response from them. What is the best thing to do? I appreciate your help, Thanks,

if your dealing with Hanna, you will never get anything papers listing payments, balance, paid in fulls, nothing, They are the worst or the worst!! Save all payment receipts, canceled checks, money order receipts, everything. ALso, I would have never given them access to my account, they are known for emptying accounts and not following what they say they will do. If you have them set up as an auto payment, then use that account only for them, no extra money in it. Open another account for other bills and expenses

My journey with Frederick J Hanna law firm began last September, when at dinner with my wife, my checking account debit card was declined (it was a Friday evening).

This was very disconcerting, because I had been paid only the day before, and knew there should be plenty of money in my account. I called the bank immediately. I was told that there was a "hold" on my funds and that I would have to call my branch on Monday.

On Monday we learned that the hold was a garnishment from a lawsuit, and that was the only information we were allowed to have. We were advised to check with our count courthouse for information on the lawsuit.

Now, keep in mind, we had NO IDEA that we had been sued. Upon going to the courthouse, we learned that we had been sued by Hanna and Associates, attorneys for GA RECEIVABLES, LLC. Assignee of HSBC Bank, USA. They had been granted a Default Judgment in April of '09 in State Court. Again, the lawsuit was news to us. We had NO idea.

Upon examining the case file we discovered that the certificate of service stated that my wife had been served on a particular date in April of '09. Knowing that we had not been served we checked our records for that date and discovered that we were actually out of state visiting our adult children on the date in question, and could not have been served. Additionally, the certificate of service inaccurately described my wife physically.

We immediately filed a motion to Set Aside the Default Judgment, raising the issue of service fraud, and also filed an answer to the original law suit.

Now it gets a little complicated here, because the garnishment had actually been filed in a State Court in a different county. We filed a "traverse" of the garnishment in that court, and could only wait.

In the mean time - Hanna failed to comply with Georgia law by not serving us notice of the garnishment. At this point we showed up for court prepared. The judge was prepared to grant our traverse and "stay" the garnishment. But that would have kept our funds tied up until the case in the other county resolved. We moved for an immediate release of the garnishment and proved in court that Hanna had not served us notice of the garnishment as required by Georgia Law.

After a few days the judge finally ruled in our favor releasing the garnishment. He actually gave the law firm time (24 hours) to respond to our claim.

Meanwhile, back in the other county, in November, Hanna filed a request for summary judgment basically claiming that we had failed to show evidence of our claim of fraudulent service. We answered their motion by filing a RULE NISI. This is a procedure in Georgia basically saying to the judge, we would like a hearing.

The hearing was scheduled for January 24. At the hearing we presented evidence that we were out of state on the date we were allegedly served. The judge ruled the service was "fraudulent" and granted our motion to Set Aside Judgment. We made an oral motion to dismiss with prejudice. The judge said all motions should be filed with the clerk. He instructed the attorney for Hanna to perfect service.

After 30 days had past, we filed a motion to dismiss with prejudice, citing that we had yet to be served, and that the court lacked jurisdiction. We also complained that as defendants we had been denied due process, noting the garnishment had occurred and presenting the findings of that case as evidence.

Two weeks later, we received a service certificate in the mail where Hanna was filing a motion of continuance of the case. They were requesting an additional 60 days to "perfect service".

Now - believe it or not - this is where the case gets REALLY interesting. The statute of limitation on the Plaintiff's claim expired in August of 2010. While the original lawsuit was filed before the statute expired, under Georgia appellate court rulings, the statute tolls only if the Plaintiff uses diligence in serving the defendant.

We answered Hanna's motion for continuance by citing multiple appellate cases demonstrating their lack of diligence. Meanwhile - some 60 days after our January court appearance we had still not been served......

.....until about a week after we filed our last response. It seems that Hanna didn't need the extra time (60 days) after all.

We are looking forward to the next step - really unsure what that will be.. Any ideas going forward?

I have experience in fighting Hanna, and winning in court. I will help you. Email me - [email]bwdraper@gmail.com[/email]

I just got a letter in the mail from FJ Hanna stating I had 30 days to respond to an alleged debt or further action will be considered. I know I should use the DV letter posted previously to requested validation of the alleged debt...but what happens after that? I'm quite nervous about this, and the amount stated is more than what my family can afford by a long shot. Do people usually settle these for a lesser amount? If so, how much and by what means? I'm not sure what to do now, but it's worrying me big time.

I got a letter from these jokers today about an alleged 12K that they say I have to pay them. I'm wondering how you went about getting this settlement? I plan to sent them a response within 30 days with a dispute, asking for the signed credit card agreement. I'm just wondering how you got the settlement agreement of 28%. Any info would be much appreciated!

I was able to get my case dismissed yesterday in Paulding County, Georgia. I showed up. The judge called our case. I stood. The Plaintiff's attorney stood and requested to be allowed to meet with me in private to discuss a mutual dismissal. We got to the room, he asked if I would be willing to settle, and I said that I needed proof that I owed the debt in the form of a signed agreement. He then pulled out a form already prepared that was an agreement that they would dismiss if I would dismiss, both without predjudice. We both signed and went back to the courtroom. He stool and told Judge that we had reached an agreement. The judge then dismissed us. :) SOOOO glad this is all over. My suggestion to all is SHOW UP TO COURT AND DEMAND PROOF. Yes, it's scary intimidating at first, but stand up for yourself, demand proof, and you really have a huge chance of getting the case dismissed. Just be respectful to the judge, the other attorney, and be sure to dress appropriately. Good luck to all....

Mandy

Hannah had initially agreed to a 25% of the alleged principal balance with no interest and fees. They however did not respond until after the deadline and court was the next day I withdrew my offer. I moved several states away after this case was brought and I had to fly to Georgia for the hearing, so I had already purchased a plane ticket. I had filed a motion for change of venue but that was denied. I am glad I did withdraw my offer because when I went to court the case was dismissed. (see my response earlier)
Here's the deal as far as I am concerned, and I am sure others may disagree, which is fine. If you had the money to pay them you would. When the credit card companies refused to work out payment plans with people who lost their jobs they really did themselves a disservice. They lost customers for life, they lost money, and they lost their reputations. Sure you should pay your debts, but when you lose your job and are forced to live on beans and rice, when they jack up your interest to 36%+, increase or double your minimum payments, and then refuse to accept partial payements from you until you get back on your feet, what are you supposed to do? The one credit card company who worked with me has recieved a payment each month without fail for the last 18 months. They even sent me a letter praising my efforts. Good for them. They have my respect and I fully intend on paying the debt off. I will use Chase for my banking needs in the future, but I am DONE with credit cards forever. It is like volunteering to be a slave to satan himself.
I do NOT reccommend offering to settle with this company unless they show you a an agreement between themselves and your creditor showing that they officially are the new owners of the debt and can legally collect the debt in their place. So essentially, I DON'T reccommend settling because they WONT have that proof. BUT if you wish to settle here is what initially seemed to work with me. Divide the principal by 4 and offer them that amount (not their fees and interest). Do this in writing sent by certified mail by saying something like what I have pasted below. I am NOT an attorney and I am SURE an attorney would be able to pick this letter apart, but
To Whom It May Concern:
This letter is in response to the above referenced civil action pending in the XXX County Superior Court. (OR, JUST CITE YOUR FILE NUMBER AND FIRST AND LAST NAME, NOT YOUR SSN!) I would like to settle this alleged debt and save both of our time and efforts. To date, your firm has not validated this alleged debt and this offer to settle this matter out of court is not an acknowledgement or acceptance that I owe this alleged debt.
Defendant Offers:
I. A single Lump Sum Payment of $(insert 20-25% number here) as settlement in full for the account referenced in this civil action.
II. Lump Sum Payment will be paid by certified funds, no later than 10 business days after formal letter of acceptance is signed by both parties and received by Defendant.
In exchange for defendant???s agreement to settlement, Plaintiff will:
I. In good faith, drop all pending legal/civil action pertaining to this civil case in the XXX County Superior Court no later than INSERT DATE HERE.
II. Accept $$$$ as a payment in full for the account referenced in this civil action payable by INSERT DATE via certified funds, and waive the remaining principal, interest, and additional fees)
III. Waive any further legal or collection efforts and action against defendant for the debt referenced in this civil action.
IV. Pay for deletion of this account from Defendants Equifax, Experian, and Trans Union credit reports within 10 days of receipt of settlement payment of $$$$ and waive all rights to resubmit the alleged debt to the same.
V. Prepare formal letter to be signed by both parties agreeing to the terms and conditions set forth in this letter. Once signed, this agreement for debt settlement shall be binding upon the Plaintiff, Defendant, and their successors and assignees.
If I do not receive your response by INSERT DATE , this offer shall be withdrawn.
It is my sincere hope that you agree to accept this offer of settlement. Please understand that this is my best and final offer.
Respectfully,
YOUR NAME
You may also as an additional means of transmitting the offer email it to [email]nicole.brown@hannalawoffice.com[/email] but be sure to follow up with the same offer certified mail. She tried to get them to respond in time, but I think my offer came too close to the court date for them to fully comply with my offer. They may not be willing to agree to pay for delete, but it is worth a try. Even if they do delete they probably won't ever do it.
I wish you well. Don't get discouraged. Don't be afraid, it's only money. :) Stay strong! This too shall pass...
Mandy

I like the letter, although I think they would balk at removal for a settlement, however, you should add some threats into the letter, such as if they do not agree not only will you withdraw the offer, you will demand strict proof during discovery and further you will countersue for ANY violations of the FDCPA, FCRA, and FACTA (and whatever state laws you may have as well).;

I agree with you. I have zero sympathy for the credit card companies because they do jack up rates, even for no reason, or worse because maybe you were late on a totally different account....they have stupid fees and such and to top it all off, they got a big bailout from the government. Where is OUR bailout? Further, since they got a bailout because of all these delinquent accounts, then they should forgive those accounts since they got bailed out..But nooooo...they get the bailout then they sue you for a ridiculous sum, or sell the account, getting further money.....so I don't shed a tear for them and roll my eyes at the collector bozo who cry and demand payment....heck, half the time they are demanding hundreds more than you ever even spent, so they can go jump in a lake and stuff the "you spent the money, you should pay it" because I would just respond with, "oh...so you are offering to settle for $500, since that is how much I actually used?" Heh..s.tops them in their tracks.

My case was dismissed today. However it was dismissed without prejudice. What that basically means is that it can be refiled. I will take the small victory today. You will begin by being asked to stand so that it is known that you are present. At that time you will be instructed of the rules of the court proceedings NOT THE LAW so please do your due diligence on that. You will then be asked to see if something can be worked out between you and the plantiff attorney. In my situation I merely asked for the original contract with my signature which you are entitled to. Instead I was shown statements with no signature on it. Also I asked for something stating that the file that you have in your hand was assigned to your office. That could not be produced either. I was then offered to 50% settlement to be paid on a monthly basis. We could not agree so we went back into the courtroom. It was at this point that I was thoroughly confused. The plaintiff's attorney left and I didnt know what was going on so I followed and come to find out he was submitting a voluntary dismissal. My thought is how did you go from asking for 50% to just dismissing your case? Incredible is the only word I can think of. Please for all who are going through a similar situation, (a) ALWAYS go to court! (b) Demand original contract with your signature and statements showing what they say you allegedly owe (c) show the relationship between debtor and Plantiff's Attorney. One last thing always make sure you know what the plantiff's attorney is doing because something could be happening without your knowledge!

I am so glad I read your post. Thank you for the information, now I have questions to ask them when they call me again. I will have my attorney send them a letter to stop their calls as well.

Call us before you do anything with a summons.
Please no phone numbers as per TOS--Goldenbast ask for Stuart

Got initial letter from Hanna, asked for DV with letter via CMRR. Received basic letter today stating that Chase verifies that this is valid etc, balance is, last payment was...etc. All info that they could get from my credit report. Should I wait now and see if a summons arrives based on info here? I am in Texas.

Got letter from Hanna for two Chase accts. Sent DV request CMRRR, and received basic letter saying Chase says these are valid, balance is, last payment was...all info they could get from my credit report. It was sent from "legal assistant" with an offer of about 65% of balances shown. Based on info here should I wait to see if a summons arrives and make them provide signed contract etc? Or go ahead and try to arrange a payment plan? I am in Texas. Thanks for all replies.

Did anything come that was from Chase or was it all on the collectors letterhead? If nothing from Chase then thats not validation and resend a DV to them and tell them thats not legal validation. You need something from the original credit company

Also, what state are you in and when was the last time anything was paid on this account??

Was very unaware that this was happening to so many people and its very upsetting to know that people can get away with this kind of thing. Hanna has been garnishing money from me and now i cant seem to get any information from them. This has been going on for about 3 months now. Initially i thought it was capital one but after reaching out to them the information just doesnt add up nor do the payments. Please if anyone could offer any help or advice it would be really appreciated.

Email removed per TOS. ~ OG

Anon9
It's just on Hanna letterhead...signed by a legal asst. It's just stating our client says the debt is valid, balance, last payment May 2010.
I'm in Texas

First if your in Texas, your in luck, thats the best state for the consumers!! Being on Hanna letterhead is NOT validation!! Send back another DV and tell them that is not legal validation under the FDCPA. You need a statement from the original creditor, past statements, original contract!! You can also call the original creditor and ask if they know who they sent the account to. Send them another DV, look in this site for the laws they must follow and include them in your new DV. Check with the state of Texas also and see if they are legally allowed to collect in that state, odds are they are not.

Also, are you sure thats when you made the last payment?? If not, tell them to prove to you how and when that payment was made-the burden of proof is on them, not you!

Thanks anon9!
I was thinking about doing that very thing, but reading this thread I was wondering if I should wait them out and not give em a chance to obtain anything before a possible summons if any? Seems lots have had dismissed cases due to Hanna lawyers showing up with nothing at all in regards to documents or contracts even in Georgia where Hanna is based...any thoughts on that strategy? thanks again!

And May 2010 does seems like it could be last payment date, but I would need to check...basically the info stated on their so called DV letter is stuff that is displayed right on my credit report I got.

Send the new DV, dont ever trust Hanna, they are very well known for sliding in judgements and the debtor does not know until their bank accounts are garnished and paychecks taken. Hanna has a documented history of this. Send the new DV