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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 !


Was at court this week for a Hanna summons for a credit card that is not mine - I am the victim of identity theft. I have never in my life seen such an unprepared professional, however he had about 15 cases and more than half were no-shows getting him a default judgment on those - all the others were dismissed as he did not have any proof. Show up to court and fight these buffoons - more than likely you will win very easily. I don't care if I get another summons for any law firm - I will fight it and will not pay anything unless they prove it is my debt.


Submitted by on Thu, 05/19/2011 - 08:47

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I am about to go to a mediation with these jerks. I am kinda nervous because I have no idea what to expect. Anyone know anything about that? I don't mind paying for something that is mine and that I charged and all I have asked for is for them to simply validate their claim and they haven't. Also it is over 100 an hour in which I am supposed to split with them and I honestly don't think I should have to pay it. Is there a way to make them pay it?
Thanks to anyone that can help me. Btw I am in ga.


Submitted by on Wed, 05/25/2011 - 05:44

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Have you received a summons or just a collection letter? If its a summons answere it with the court denying all and in discovery phase ask for proof of debt. If its a collection letter send them a DV letter, cmrrr, this site has templates of DV's. Send it now. If it is a summons you have to answer the summons before anything else.


Submitted by on Thu, 06/30/2011 - 09:45

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What everyone else is saying is true. Have as little contact with FJH as possible. I NEVER spoke to anyone on the phone and I NEVER responded to mail. (They never sent me certified mail, so they had no proof of if I ever received any from them.) They sued me, we went to court, they did not have the proof. I did not admit to anything, although she sure tried to get me to. They did have my original contract with the original creditor, but no statements or proof of how they arrived at the sum they were suing for.
I was given a Voluntary Dismissal WITHOUT Prejudice form. I wish I had known better. This means that they can turn around and sue me again tomorrow. I should have demanded a Voluntary Dismissal WITH Prejudice. This would mean they are barred from ever litigating against you for that particular account again.
This just happened today. I will let you know if I hear more from them.


Submitted by on Wed, 07/06/2011 - 07:32

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I had two cases in which Hanna sued me last September in Magistrate Court in Cobb County, Georgia. The "mediation/negotiation" went like this: Hanna Atty: "What can we do here?", Me: "You can dismiss both cases."

I never answered any communication I received from Frederick J. Hanna and never requested any information.

Just because someone says you owe them something doesn't make it so. The burden on them is to prove you owe the debt. Don't make it easy by providing evidence that proves this. A court has to decide that you owe a debt, not a scam artist collector.

They have to have a witness testify to introduce evidence to the judge. The court is not going to simply going to take the atty from Hanna's word for it.

In Cobb Co. they did a roll call of the cases on the docket the morning I was there. The judge asked for each party to identify themselves and inform the court how many witnesses they had and how long it would take to present the case. The atty for Hanna was not just fat and stupid, he was a liar. For at least three cases he said he had one witness. I sat in the courtroom the whole time, even after my cases were dismissed. He did not have one single witness available and the guy responded for at least 12 cases.

My advice to all (in the state of GA) that receive anything from Frederick J. Hanna is not to respond to them at all. Go to court and make them prove everything because without a witness, they can't prove anything.


Submitted by on Wed, 07/06/2011 - 11:07

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Received a summons from them in Nov, my atty answered it in the Clerk's Court office with DENY. 2 wks ago received a JUDGEMENT stating we never filed an answer??? OMG wth?


Submitted by GApeach on Sat, 08/13/2011 - 22:48

GApeach

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Call your attorney asap. Somebody screwed up - either your attorney or the court.

Good luck!


Submitted by mariemegge on Mon, 08/15/2011 - 08:17

mariemegge

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Hi All,

I'm being sued by a Collection Agency (I assume?) who states they are the assignee of the credit card company. The complaint was done in my county (4 hours away from Marrieta) by one of the lawyers at Frederick J Hanna. So do you believe they would have the proof and... My credit report shows the amount owed and that the OC "Transferred to another lender or claim purchased" and I show the new collection agency put a hit on my credit report and it shows the amount they are wanting on the court documents (amount plus interest and court fees)....

I'm filing an answer and denying everything but my address...
The complaint (paraphrased and edited):
1) Defendant lives at such address and can be served there
2) Defendant entered credit card agreement with the OC identified as CC # xxxx. Defendant received and used card.
3) Defendant breached teh credit card agreement and failed to pay as agreed leaving debt of $ $,$$$
4) All rights and title to defendant's credit card account were legally assigned to Plaintiff in writing
5) Despite demand defendant has failed to pay
6) Defendant is liable for sum plus court costs

How do you go about answering 4,5 and 6? I know #1 I just state admit. #2 I state deny and that I need proof of entered agreement and use and also for (which the credit account they list is not the credit account that was the actual account number) #3 that I need proof of the agreement I signed and documents of use.

Its a long story about this card, I was not the one who made the charges and am not able to go after the person who did. So just trying to get this figured out.

Thanks,


Submitted by Sooo Confused! on Fri, 09/09/2011 - 10:26

Sooo Confused!

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Ok, on my answer to my complaint, I admitted in part that I did have an account with Capital One, but denied that this was the correct account in question. Do you think I screwed myself over? Or do you think I still have a chance of getting my case dismissed? I am in GA and my hearing is late October???


Submitted by MzzJuice on Tue, 09/27/2011 - 08:35

MzzJuice

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The Marshall delivered the complaint from the Civil Court of Richmond County. Plaintiff is Capital One vs My Hubby. Frederick J. Hannah is listed at the bottom as the attorneys for the plaintiff. Signed by Louis R. Feingold.

1. States that my husband is a resident of Richmond County
2. States that my hubby owes plaintiff ?amount, plus pre-judgement interest of ? amount, plus interest on said principal per annum at the legal rate established under Ga. law plus attorneys fees of ? amount.
3. States that basically he has 10 days to pay it all except attorneys fees or demand judgment pay it all if not paid in 10 days.

Attached are 3 pages of a Capital one card agreement and an arbitration agreement as part of the Capital one agreement. Handwritten on one of the pages is "Cap 1 4/1/05-6/30/08". There are no signatures, statements or original contracts. The final page is a Summons to answer with the Clerk of Courts.

I've read through and just want confirmation that he is right to fight.
Also, does Civil Court mean that we should get a lawyer?
What is the SOL on credit cards debt anyway (not for him for me)?

Thanks in advance!


Submitted by debtcrazy on Tue, 09/27/2011 - 09:14

debtcrazy

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I live in GA and was served by Hanna and Associates for a Capital One account.
In Georgia, or at least in my county, people being sued must have a court mediation to see if we can work it out without a hearing. We had ours on Wednesday. The lawyer said he can do $xxx amount with $xx/month payments. I told him I cannot and will not make those payments. He then pulled out a copy of the generic Customer Agreement(that several of us have seen) with no signature on it, but with the phrase "cap 1 4-1-05 to 6-30-08" written in pen in the top right-hand corner. I told him I want to go to the hearing next week. He then said he had some statements. He then pulled out a Capital One photocopied "statement" that had a name on it that may or may not be mine. It only had the amounted owed on it. Nothing saying when or if the card in question was used. He said, "You should really just set up a payment arrangement because of this." I looked at it for a good 10 minutes before saying, "Let's just go to the hearing." He then said, "How about this. I am able to cut it down to $yyy.yyy with $yy.yy/month payments." If he is able to cut it down just like that, I'm sure he could go lower. I looked at him and said again, "Let's just stop wasting time. I'll see you Wednesday for our hearing." I'm pretty sure from what I have read here that due to the agreement having some clause about the agreement being based on VA's statue of limitations. I think the SOL in VA is 3 years. I'm doing research still. If that is so, shouldn't the court dismiss it? My other concern is the photocopied "statement" their lawyer had. I don't feel that is enough to prove I owe a debt. In my answer, I added my affirmative defense. It stated this as my D:
1. Lack of Privity with the plaintiff.
2. Unjust Enrichment
3. The plaintiff is not the real party interest and has failed to name all necessary parties
4. Plaintiff fails to state a claim
5. Plaintiff failed to provide any contract or agreement bearing a signature of the defendant nor any itemized statements or billing of debts
6. Plaintiff failed to provide proof of a relationship between themselves and the alleged original creditor and the authority of the plaintiff to collect the debt on behalf of the original creditor.
I had a couple more defenses listed, but I can't remember at the moment. Should I worry? I am going to ask the FJH lawyer for a voluntary dismissal with prejudice on Wednesday before the hearing anyways. Also, thanks for forum. While this is the first time posting, I have followed it. I wouldn't have made it though mediation without you all. So, thanks!
- notasimpleway
Edit: Also, I noticed the list of cases for that day had several Cap1 cases by FJH. But none of them were consistent on how Capital One was listed as the plaintiff. The papers I was served with say, "CAPITAL ONE BANK (USA), N.A." while others were "CAPITAL ONE" and "CAPITAL ONE BANK". You would think they would use the same name for plaintiff since they seem to "represent" Cap1 all the time. This just reminded me of this guy that kept getting sued, but they were all dismissed because the name(s)/business(es) listed were wrong. I know it's the plaintiff and doesn't matter most likely, but still. If you're gonna sue, get your name(s) correct.


Submitted by notasimpleway on Fri, 10/14/2011 - 01:17

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This forum has been so helpful.... I have been served (kind of) by Hanna and I am filing my answer today. I am a collections paralegal and I work for a firm that does collections - i file these kinds of complaints in magistrate court all the time....first of all - I was served with the notice and summons - NO COMPLAINT...so technically the service was invalid. I had to call the clerk at Magistrate Court to get a copy of the Complaint. Good thing they know me up there...lol. Then I noticed on the summons - it said in all caps MUST FILE ANSWER IN PERSON....ok...not true. They are hoping they will bully you into not answering so that they can file for a default judgment against you. Feel free to mail in your answer to the court - no "in person" necessary. sheesh. They use the same notice and summons form as our firm does- just really shady in the manner it is filled out...the complaint was vague...as was the affidavit from the collection company...When I file suit against a debtor I am required by my attorney (boss) here to attach a SIGNED copy of agreement or contract of debtor and itemized invoices and statements as exhibits. If collection attempts have been made (always have before suit), I am also required to attach to the complaint copies of all certified letters and certified mail receipts of those collection letters as exhibits to the complaint. No one likes a debt collector - and it shames me to see such slimy tactics being used and I am glad to say I work for my guys who are FULL of respect and integrity. Now off to court I go to fight these idiots myself (I would die if my bosses knew...heheheh) ;-).....wish me luck!


Submitted by indebt1 on Fri, 11/11/2011 - 07:32

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Ok I have been checking the boards for the county clerks office and I have notice that the there is a court date for civil court with Peremptory Calendar showing as the event description. What does this mean? I am planning to show up. I am also warning after the court date if judgement is made can I file for chpt 7 after the fact.? Please help.. the court date is creeping up. Thanks


Submitted by liluli68 on Thu, 12/08/2011 - 05:29

liluli68

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This thread has been an answer to my prayers. I received a court summons from Hanna stating I owed a debt from 2005! They said my last payment was 8/2006. I answered the court with a denial and requested written documentation that this was a valid debt. I have received two duplicate letters with nothing but a balance, account number, and CIT BANK listed as the original creditor. I have no knowledge if this creditor or midland funding who bought the debt. Should I just sit tight and wait for a court hearing to demand written evidence, or should I send them a third letter that states I have still not received sufficient evidence and a sworn denial?
Help!!


Submitted by on Thu, 04/19/2012 - 14:14

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I just left the courthouse. I was scared to death, but after reading all these posts, I decided to insist they prove the debt was mine before agreeing to anything. I never even went before the judge. The judge said he doesn't want to hear any cases until every party has attempted to settle first. The attorney pulled out a consent judgment and asked if it looked good to me and if I would sign it. I told him that no, I demanded in my answer that they provide proof that the debt was mine and that they had the right to collect on it if they could even prove it. He told me that it was up to ME to prove that it wasn't mine! I told him that I knew better than that and that we could just take it before the judge. He immediately pulled out a voluntary dismissal form and asked if it would be okay with me if we just dismissed it. That was it! Everyone else that even bothered to show up immediately just signed the consent judgment and never asked for any proof that the debt was even valid! I felt so bad for them. When the attorney had the judge sign off on the dismissal, the judge told me that because it was without prejudice that they could come after me again for the same debt, but that I shouldn't expect that they would because the burden of proof would still be on them and if they had that, they would have already presented it. I left the courthouse within 35 minutes of arriving and was so thrilled!! :D


Submitted by on Wed, 05/30/2012 - 07:59

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So after almost a year, Hanna has produced my husbands statements but no signed contract. They are asking for a motion for summary from a judge here. They sent this through the regular mail. At this point we are in a better position for him to pay the bill but do we still have the option to settle? or prevent this motion so we can settle? Should we try and contact Capital One ourselves? Just looking for some advice. We're ready to be rid of this bill.


Submitted by on Mon, 08/20/2012 - 15:38

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When you go to court do not admit to anything. Deny everything. They have no proof. I have been fighting them for over a year. Went to court last week and won. All I ask was for them to show me they had any legal claim to this account. They pulled out a "Bill of Sale" that did not have my name or account number anywhere. The judge handed the paper back to the lawyer and said, she's right, her name or account number is no where on here. If they have any statements tell them for all you know they found them in the trash!!
Hanna is expecting you NOT TO SHOW UP IN COURT. That way they win by default.
Let me ask you a question---- if a stranger knocks at your door and say's he's their to collect, let's say, 200 dollars you loaned a friend, are you just going to hand it over to him. I hope not... That's what you are doing when you give Hanna money with out proof.

If you are on social security it's a Supreme Court ruling they cannot touch your check. But remember the judge has no way of knowing this if you do not show up for court. Before your court date send a notarized letter to your bank (legal department) and to Hanna (legal department)(l stating your are on social security and then go to the court house and have the clerk make a copy and put in your files. When you go in front of the judge let him know you are on social security. He should have all the paper work. The lawyer will not remind him you have to. REMEMBER THEY WANT MONEY.
Have no phone conversations with Hanna. DO NOT give them any bank information. They will wipe your BANK ACCOUNT out.
Go to court in "in your Sunday's best" cloths, be respectable to the judge. Hanna cannot win with out proof but they can win if you do not show up for court. :)


Submitted by on Sat, 08/25/2012 - 12:27

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They did they same with me...It was over a year before they sent me "copies" of statements. No originals, nothing notarized by my credit card company (I ask for this).

They will try to scare you, confuse you and lie to you. Do not believe them. Deny everything. If they show you statements just say for all you know they found them in the trash.

Again deny everything, ask for proof. DO NOT GIVE THEM ANY BANK INFORMATION, SOCIAL SECURITY NUMBER, NO PERSONAL INFORMATION WHAT SO EVER.
I went to court and won when they could not provide any proof.

Remember, they have to show the judge proof. They may lie to you but again, the judge has to have proof.

Show up to court dressed nice. I had some one stop me and ask if I was a lawyer!! A friend said I should have said, "Today I am"
Have confidence, don't talk unless asked a question and then try to make it one work answers. Or maybe two words "I deny" or "prove it"

YOU CAN WIN I DID!! :smile:


Submitted by Anonymous61 on Sat, 08/25/2012 - 14:00

Anonymous61

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wow i have the same three pages in 2012 from this same lawfirm. They are cookie cutter and a robo signer operation. Google the the names of Louis feingold and see what you find.

I am taking on this JDC and have been sucessful 3 times so far. :p

Stand up and Fight back


Submitted by on Mon, 08/27/2012 - 00:30

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Good morning,

If in my response to the court I stated that I elected arbitration can I still go to court and request that they prove the debt is mine?


Submitted by on Wed, 08/29/2012 - 06:37

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If you even get in front of the Judge then yes, but I would ask the Judge to make them prove it. DO NOT BELIEVE ANYTHING HANNA TELLS YOU. As a previous post said If Hanna says Good morning ask the judge what time it is. Hanna will try to lie and confuse you.

What usually happens is before you go before the Judge Hanna will call you out in the lobby (or on the side) and either dismiss your case or ask you what do you want to do. ASK THEM TO SHOW YOU LEGAL PROOF THEY OWN YOUR ACCOUNT. Deny everything---remember they are taking you to court which means they have to prove it.
Hanna is expecting you NOT to show up in court, that way they win by default!! Again do not admit to anything, say prove it or I don't remember.

Good Luck and do not let them scare you I know that's easier said then done, have confidence say as little as possible. :)


Submitted by Anonymous61 on Thu, 08/30/2012 - 09:53

Anonymous61

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I hope I can talk to you on the phone to address my complaint to you . I am not comportable typing it here because I am dealing with them right now. I have not settle with them with any amount yet. :twisted::twisted:


Submitted by on Sat, 10/06/2012 - 11:29

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Will these guys come all the way to Michigan to seek a judgement?


Submitted by on Mon, 02/04/2013 - 01:09

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I was served nearly 2 years ago. I went to court house to respond and was never sent a court date. Then this past summer I received  a letter that they had won the case and were going oto start garnishing my wages. I called and spoke to the wage garnishment lady. We went all at it. She blatently lied saying all the paperwork had already been submitted to the courts. Well that was like 8-8-12 on the 11th I received a thick envelope, lo wnd behold there is a check to the dekalb majistrate for court fees and all dated 8-9-12. I was pissed! I went up to their offices the next business day. I spoke with a manager and I was able to stop the garnishment but I have been paying a monthly payment since. I can not afford to continue to pay. I would like ot settle, but then after reading all these testemonies I wonder if I should request who did they purchase my account from?? I was in collection on numerous CC so is it legal for them to purchase from another debt collector??
Before I make another payment can someone offer some advice??
TIRED OF BEING BROKE!!
Thanks!


Submitted by on Tue, 01/15/2013 - 10:17

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Tomorrow I go to court for this people. Soooo nervous. :( Thanks for all of the awesome tips from you guys!


Submitted by on Mon, 12/10/2012 - 09:41

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Two summons...for the same case???

You will need to reply to both...for the one in Fulton you will need to respond that the venue is incorrect.


Submitted by SOAPLADY on Mon, 04/08/2013 - 16:05

SOAPLADY

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HI -- I have three chase accounts that just went to these guys -- I live in NY -- was wondering how things went with your case

thank you --
are they just collections -- I dont see they are licensed in ny


Submitted by chrissyhen1 on Sat, 03/16/2013 - 06:56

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I received my first letter claiming that I owe a debt to Chase bank through a collection Agency called Midland Funding LLC

1) I've never heard of this company
2) The dept with chase was discharged

What to do now???


Submitted by on Wed, 12/12/2012 - 15:37

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I am getting collection calls from Hanna left on my answering machine since I don't answer calls from numbers I don't recognize. What will be the next thing they do? I live in Alabama now. I am on disability and will never be returning to work. I am afraid from reading all these other posts, that one day a sheriff's officer will show up or something. I don't have a bank account in my name anymore either. Can they go after my husband? Should I do anything? Should I just keep ignoring the calls?


Submitted by on Fri, 12/14/2012 - 10:10

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Hi..I had the pleasure of dealing with Hanna's people...I was sent a letter regarding a cc amount that I owed (I knew I owed it)...I contacted them to make payment arrangements...We settled on a down payment of $#### and 5 payments of $### per month. I gave them my bank info and they authorized all the payments up front...Now keep in mind the calls are recorded...I spoke with 3 different people there regarding this payment plan and they all told me FIVE payments...Dont hear from them again until after the fifth payment was made....They called me saying I wasnt done paying...I told them I most certainly was and if there was more money to be paid, why wasn't that part of the whole authorization process?? The idiot just talked in circles. The next day closed my bank account to keep them from taking any further money from me. Almost a year later I get served with a lawsuit. I have all my documentation from the payments they took from my account as well as phone records from my cell phone showing that there was no further communication until AFTER my last payment was made...I want to know what kind of proof they need to bring as far as the recorded conversations...I know that they will be in the form of transcripts but I dont trust their people to do the right thing and not "doctor" what was actually said in the conversations. Any help of advice would be greatly appreciated!!


Submitted by on Wed, 02/27/2013 - 13:35

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Read the forums and do your research. Do NOT be bullied by these assholes. I went ProSe (representing myself) against them just recently in the Magistrate Court of Gwinnett County. It was kangaroo court for sure, let me tell you. Court started at 6:30, and I did not leave until 8:30 or so. They had to merge 5 courtrooms into 2 due to a lack of judges. To keep a long story short, the judge FORCED me out into the hall to speak with the attorney from Fred Hanna's firm before trial. I told her the case lacked standing for several reasons. She stuck to her guns and said that a photocopy of an old statement, along with a cookie-cutter bill of sale without my name or account # on it, along with the sworn affidavit of her client (Midland Funding) was enough. I told her that it most certainly was not since the affidavit was hearsay as an employee of a 3rd party collection agency could not have personal knowledge of the account allegedly belonging to me. I pointed out that they had no witnesses, and no one from the plaintiff was actually there, only the attorney representing them. She tried to offer me a settlement which was 50% of what I allegedly owed. I told them no way. She agreed to dismiss the case, but only without prejudice and said that they would just be re-filing in State Court. I told them "Great, just bring it!". In hind sight, I wish I had not discussed anything in the hall with Hanna's goon. I should have told her to shove it and go see the judge. I think I may consult an attorney if they choose to re-file. Hopefully, they will not since they realize that I will go down swinging and fight until the end. In short, fight fight fight, deny deny deny, but do your research first cuz you gotta know why!


Submitted by on Sun, 04/21/2013 - 19:47

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Doubtful they will file in state court as district court is where this is all handled. They didnt have any proof of the debt the first time...they wont have it for subsequent court appearances.


Submitted by SOAPLADY on Sun, 04/21/2013 - 20:01

SOAPLADY

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FYI....courts cannot give legal advise so telling you the case would be thrown out is wrong. Did they serve you by mail? I definately would NOT be following their advise....I would show up to cover my ass.


Submitted by SOAPLADY on Thu, 12/05/2013 - 04:48

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I received a regular mail document from the state court of my county in Georgia. The title is "Notice Setting Case on Peremptory Calendar". The civil action is listed as a bank that I never had a personal cc with against me. I did have a corporate card with this bank back in 2009 when the corporation was closed. There has been no activity or communications regard anything to do with this bank back to early 2009. The certificate of service lists Dennis E Henry who is a lawyer for Fredrick J Hanna. This certainly means that FJH bought this alleged debt.
I called the clerk and was referred to a woman who said she was authorized to look up my case. She told me the case was from 2010 and I had never been served so the case would be thrown out. She advised me to call back the Friday before the appearance date to make sure. My concern is this is two days after deadline to "announce in writing the posture of your case". Do I need to file anything or just follow the advice of the woman in the clerk's office?


Submitted by cowbulls on Mon, 12/02/2013 - 14:56

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