Down goes Hanna....
Date: Mon, 10/22/2012 - 14:22
I was served a summons back in July. I entered my answer online via the court’s website. I finally had my day in court in the Cobb County courthouse against Hanna. Thanks to this website as well as some other internet sources, I was able to get my case dismissed. If you do NOT show up, you have already lost the battle. Don’t be in the 90% who allow themselves to get default judgments without putting up a fight.
You only have 30 days so make sure you send in your answer and deny all of the claims if you are sued. If you are like me, you were probably surprised to get the knock on the door from the sheriff. Take a day to calm down and relax. You are NOT alone. Others on this forum as well as myself have been sued but there is a way to fight back. Use those 29 remaining days to do your research. Knowledge is power!
I learned alot by reading some other answers and seeing what affirmative defenses were used. Why recreate the wheel if someone has already put together a nice answer? I also learned what proper assignment is, verification, proof, affidavits, etc. The best part is the burden of proof is on Hanna and not on the consumers. Do NOT, I repeat, do NOT do their work for them and give them evidence to use against you. I agree with those who say STAY OFF THE PHONE. You are definitely being recorded and you may answer a question that may come back to haunt you at trial.
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When my case was called today, the attorney asked me to step outside which is the norm in the magistrate court. He told me his name and said he was representing his client. He said he is there to see if we can work out some payment arrangements or a settlement offer. Would I be interested in a settlement offer? All I did was open my briefcase and I read the following statement to him word for word. Nothing more, nothing less...
"I will not confirm or deny anything absent some admissible evidence to support your claims"
That’s all folks! I stopped him dead in his tracks. He breathed (more like a sigh), looked down and then said he is going to have this case dismissed today. Then he said his client would try to bring this again in State court. I didn't even respond. There was no need. I got what I went there for. Plus, when he was going through his papers, I saw some of his evidence and it looked like a screen print. That will NOT be admissible in court if they do try to sue me again. That screen print or other debt collector supplied paperwork would be considered heresay according to what I’ve read. *I need to check and make sure I can use the heresay defense the same way in state court. I’m not sure if that’s only in magistrate court.
So, I will let this site know if/when I am sent another lawsuit. I’m keeping all of my research, answers, motions, etc. I just wanted to let the people know you should definitely defend yourself. Either pro se or get a lawyer to fight on your behalf. If you do NOT fight and show up in court, you will be handing over your hard earned money when Hanna is unable or unwilling to prove they own or are authorized to collect on the account.
Good luck to all...
You only have 30 days so make sure you send in your answer and deny all of the claims if you are sued. If you are like me, you were probably surprised to get the knock on the door from the sheriff. Take a day to calm down and relax. You are NOT alone. Others on this forum as well as myself have been sued but there is a way to fight back. Use those 29 remaining days to do your research. Knowledge is power!
I learned alot by reading some other answers and seeing what affirmative defenses were used. Why recreate the wheel if someone has already put together a nice answer? I also learned what proper assignment is, verification, proof, affidavits, etc. The best part is the burden of proof is on Hanna and not on the consumers. Do NOT, I repeat, do NOT do their work for them and give them evidence to use against you. I agree with those who say STAY OFF THE PHONE. You are definitely being recorded and you may answer a question that may come back to haunt you at trial.
.
When my case was called today, the attorney asked me to step outside which is the norm in the magistrate court. He told me his name and said he was representing his client. He said he is there to see if we can work out some payment arrangements or a settlement offer. Would I be interested in a settlement offer? All I did was open my briefcase and I read the following statement to him word for word. Nothing more, nothing less...
"I will not confirm or deny anything absent some admissible evidence to support your claims"
That’s all folks! I stopped him dead in his tracks. He breathed (more like a sigh), looked down and then said he is going to have this case dismissed today. Then he said his client would try to bring this again in State court. I didn't even respond. There was no need. I got what I went there for. Plus, when he was going through his papers, I saw some of his evidence and it looked like a screen print. That will NOT be admissible in court if they do try to sue me again. That screen print or other debt collector supplied paperwork would be considered heresay according to what I’ve read. *I need to check and make sure I can use the heresay defense the same way in state court. I’m not sure if that’s only in magistrate court.
So, I will let this site know if/when I am sent another lawsuit. I’m keeping all of my research, answers, motions, etc. I just wanted to let the people know you should definitely defend yourself. Either pro se or get a lawyer to fight on your behalf. If you do NOT fight and show up in court, you will be handing over your hard earned money when Hanna is unable or unwilling to prove they own or are authorized to collect on the account.
Good luck to all...
Thats great! It really is not scary once you know whats going o
Thats great! It really is not scary once you know whats going on. One thing you should have done was gone for the throat....not only get them to dismiss, but demand dismissal with prejudice....you took your time and money to be there and they couldn't produce proof? They had their chance. If you demand it many judges will grant it...especially when you point out that they should know this and why are they coming to court ill-prepared..makes them look stupid.
