Fred Hanna Help Urgent

Here is an informative site with details about the civil court process, including possible defenses:
"http://www.nedap.org/hotline/court.html"
It is for New York and so may vary in minor details with your state.

Also, make sure you file a Motion for Discovery so they have to prove it is your debt and they have the legal right to collect it from you.

Quote:

Chry,

I forgot to mention that today i contacted an attorney about this suit being filed. I explained to him about the DV letter being sent with no reply. He stated quote "Sending a dv letter stops communication with me but it does not stops them (Fred Hanna) in suing me" This did not make any sense? I have the evidence that i sent the DV letter certified mail within the 30 days of receiving the dunn letter.

Do i file a motion for discovery when i reply to my summons?


Thanks,

Anonymus



Quote:

Hmmm.. I was wrong. I personally consider suing to be collection activity (i.e. it *is* an attempt to collect a debt) but the FTC does not agree with me - see paragraph 6.

Quote:

the attorney was given mixed signals.they must have thought you haven't sent the DV letter.your right chris suing after a DV letter is sent is collection activity.the OP should counter sue and collect 1,000.00.find another attorney to do this.

Paul,

Thanks for chiming in on this. I am in the process in getting clarafication from the same attorney on this matter. I am using a service which i pay ( do not want to name them here most of you may know who they are) to get advise. What's so odd is that it seems to me the attorney that i am using seems to be on their side (Fred Hanna).
The attorney stated that i should settle since it's my account. That's beside the point i have the right to dispute the debt even its mine and request all the documents. Specially when the OC sells the debt to a JDB and they turn around seek collection for the full amount.

How do i know if the JDB has the legal right to collect since i have never had an account with them?.

So as i understand from what i have read here if you send a DV letter and they still continue to collect they are in violation?

I also understand since it's a federal statue i can not collect $1000 at the local court house. I have to file suit in federal court?

How can use this violation in terms of me being sued? Can i negotiate with them?

What i owe is $1500!

Thanks,

Anonymus

they sued in civil court so can you.some have just settled for having the debt marked PIF,and forgetting it.if this attorney still won't take it.go to NACA.NET there it will guide you to a consumer attorney that will take it on a contingency basis.if you sue to collect 1,000.00 you can do that in the same courtroom that you will be in for this travesty of justice.when i say that i mean the bottomfeeder suing you.

Paul,

Thanks i am waiting for the attorney to reply to me. One thing i want to point out. In my state when bottomfeeders file a suit and you counter suit in state court for the $1000. The judge dismisses your counter suit. The the judge tells you to to file it in federal court?

Thanks,

Anonymus

Quote:

hmm.i did not know that.thanks for the 411.

Paul,

I have contacted half of the attorneys thru the naca.net in my area. They will not help me at all.

okay then focus on getting their suite dismissed with prejudice.you can file the motion as your response.ask the court clerk for the proper papers to file.

The FDCPA is a Federal Law, so yes, Federal court would be the proper jurisdiction. If your state has it's own version, like California for example, you can sue on the state court level.

As far as those attorneys not wanting to take the case, they probably read the FTC commentary I linked to above. Quote:

Chrys,

Fred Hanna sent the letter to me in June i replied with a DV letter within the 30 days. They filed suit towards the end of August.

So at this point i do not have a lot of options?

Paul,

What do you mean by 'PREJUDICE"?

Thanks,

Anonymus

to dimiss with prejudice means they or anybody else cannot sue on it again.

Paul<

On what grounds can i file to dismiss with prejudice with court? I still have not received my request from the DV letter that i have sent them.







Quote:

Paul,

Should i use:"The collection agency never responded to my request for validation, therefore never providing proof that the debt was mine under the FDCPA. " This reason?

yes,if you have the green receipt.then state in your response that this is how they responded to your DV request.then during discovery show the receipt and demand validation then.i prsctically guarantee they won't be able to.then you motion to dismiss with prejudice.

Paul,

I have not received my summons yet! Don't the Plaintiff when they file a suit against me has provide proof to the court that i breached contract?

Also when i get my summons will the plaintiff attach proof that i owe the debt?

At what point do i file for discovery?

Thanks,

Anonymus

discovery is the first court date that determines if the suit is valid.you say you were never served a summons?i'm confused now.you did check with your court clerk right?

Paul,

Sorry for the confusion. I am in the precess of being served with a summons. Monday the Sheriff came to my house to deliver the summons. I was not there to receive it due to that i have already left to work. I called the clerk at the court and that how i found out who filed a suit. I have the option to go pick up the summons but i am going to wait for the sheriff serve me.

In my state the 30 days clock starts once i am served!

Thanks,

Anonymus

Paul,

So once i get the summons replied to it Obviously. Wait for my court date. Go to court at the first hearing tell the judge that the plaintiff never replied with to DV letter? Then what?

I know that more or likely the Plaintiff's attorney will not have proof. Will the plaintiff ask the judge for a Continuance to have his paperwork? Or does the Plaintiff has to provide me with his evidence that i owe the debt?

it depends.some judges will allow the plaintiff the contiuance.some will dismiss if the plaintiff can't show proof,or is unprepared.some CA'S will count on the defendent not shoeing up,and are caught flatfooted.