Fredrick J Hanna collection debt or Hanna Barbera – Crook or cartoon ?
Filed Under: Collections
Filed Under: Collections
Jan 26 · by Next Level Credit
Fredrick J Hanna is in our backyard and will be exposed. They have been exposed in the latter part of last year to TOXIC MOLD and about to be exposed on the news media. It sounds comical but this is a dangerous environment.
From an employee: Just wanted to alert the 60 minutes crew – come in the back door by the old ceiling tiles – and you want to catch chubbles – wait until he’s back from St. Louis… This place is folding like a cheap suit…”
This is almost funny and ironic at the same time. Debt collection agencies keep a low profile so this incident may shut done this EVIL debt collector. Right now, consumers are his worst nightmare! The power of the people can shut him down now!
You have to understand that this company is operating under a “business license” but they are doing everything illegal under the sun to collect on their worthless paper. The only records a JDB uses is a spreadsheet with the consumer name, phone, and balance. Worthless.
Here is information (budhibbs.com) FROM AN EMPLOYEE at Hanna’s office November 2008. Another victory for the state of Georgia perhaps?
“Regarding Fred Hanna, I have some information that might be useful for you. Fred Hanna is running 4 offices out of Marietta and an office out of MO. There is no attorney located at any of those offices. My understanding is if a sign states Law Offices there must be an attorney present in that office, which is not the case here. All of Fred’s attorneys work only at the 1427 Roswell Rd address, of course in other states he does have co council have work there for over 3 yrs. George Smith AKA. George Hawke an operation mgr who likes to send unauthorized settlement letters to debtors then makes them pay x amt of dollars. He likes to tell the collector to lie to the debtor that the settlement letter they had received was never approved by our client, and cannot settle the acct,, after they had already paid, He then collectors get fired if they do not comply with the operations mgrs demands. Director of operations William Lau he runs all of Fred’s Offices, although the offices has his name on them he has no part or say what happens there ,He does not care to take time and actually check out what’s going on. Many employees are sick from Toxic Black mold due to the filth in office I have pics of mold on floor and walls as well as carpet samples and also moldy ceiling tile to back this up. Raw sewage floods our collection floor that includes used tampons toilette paper and poop in our floor and still they make us work in that hole. I am just so frustrated I have contacted OSHA as well as health dept for assistance. The HR Director was supposed to file workman’s comp for several who were made sick, she just keeps replying that Fred says no. So we’ve retained an attorney– no choice. We know we may soon be fired and no longer have health ins. but anything we can do to help the other employees there so their health is not affected the way ours has. I think Fred Hanna and William J Lau should have to sit in that excuse for an office for about a year as punishment. Thank you, any help to get this place shut down is greatly appreciated before more employees are subjected to these unsanitary working conditions. Signed – First Five of Many”
Bud Hibbs comments:
“Fred Hanna, owner and William J. Lau, Director of Operation appeared to have sunk to a new low (and Fred was pretty low to start) over this one. He and his wife live in a nice home off Lower Roswell Rd., in Marietta, GA that was paid for by the blood money collected by his goons. The pictures you sent showing mold growing in his collection dump and the toilets over flowing is disgusting. How fitting that mold and sewage are befitting to Fredrick J Hanna and his career as a slimy debt collector. I am sending you information for assistance in this matter. Fred will deny having any knowledge of this, which is his typical stance. He will continue to wipe the blood off his commission checks and cash them so he can enjoy all the trappings that being a sleazy debt collector afford him. The American consumer can stop Fredrick J. Hanna and his slimy operation by challenging every single item they attempt to collect. Make them validate, tape collector calls, show up in every court case, hire consumer lawyers to fight his bogus claims. American consumers should force Hanna to spend as much time and money as possible to legally comply with al the law that regulate the collection industry. Hanna has had a FREE ride on consumer coattails for too long, time to hold him and his goons accountable for their actions. Many, many debt collectors who thought they were invincible have fallen when consumers have banded together and said ENOUGH!”
Dreams do come true!
NEXT LEVEL CREDIT
Address: Fred Hanna Frederick J Hanna & Associates 1427 Roswell Rd Marietta, GA 30062
April 30, 2009 update on Hanna (Mann Bracken too)
60 Responses to “Fredrick J Hanna collection debt or Hanna Barbera – Crook or cartoon ?”
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Hanna is finally being investigated by the State of Georgia’s Governer’s Office of Consumer Affairs. Their phone number is 404-656-3790. If you have any contact with this lizard, make sure you document everything, phone calls and letters, everything. When you finally get fed up with him and his attorneys contact this office. They will finally put and end to Mr. Hanna.
“Music to my ears” as the saying goes. This is a big giant to fall down. Thanks to all who have contributed to the fight. ~Next Level Credit~
I have reported Hanna’s office to the FTC (2 times). I have filed a complaint with the office of Consumer Affairs and still I have a Hearing scheduled. They claim their client is Capital One Bank and named them as the Plaintiff.
I had one mediation meeting that ended in 2 minutes because I stated Capital One was not suing.
It appears to me that the courts side with these racketeers!
Kitty, Thank you for your comment. Either the courts (judges) are aware of the collection attorneys and how they operate or not. One step to take is to file a sworn denial in court. Request a trial for that.
~Next Level Credit~
They are calling me at work. Isn’t that illegal?
They have my cell phone number but still they call me at work.
I thought there were harassment laws about that.
Victoria,
Thank you for your comment/inquiry. Hanna does not care about rules and FDCPA. Have you sent them a VOD letter? If you have, then ‘yes’ they are not supposed to call you at work. They should not call you at work regardless of the VOD letter. Also, you should NOT talk to them on the phone at all.
~Next Level Credit~
Who is this guy? I received a letter from an attorney in Houston TX stating I owe Cap One an exorbitant amount of debt ($4k) so I sent a letter denying the debt, asking for proof that I owe the debt and asking that they not contact me again. Weeks later, I received a letter from Fred Hanna stating they have the debt on behalf of Cap One. I respond with a form letter as I did to the previous attorney. A few weeks later, I received a summons delivered by the local sheriff’s dept. I filed an answer within 30 days again denying the amount of debt, requesting proof of validity and that that they own the debt and asked for the response within 30 days. I received nothing for 6 weeks until recently, I received a form letter acknowledging that they received my response and to basically hand over the $$! I did not respond and today, a large envelope sent certified was sent to me from Hanna & Assoc. My original debt was $1100. Now he is claiming he wants nearly $4k. Cap One is showing this has charged off. Why can they keep dredging this mess up? Can he seize my bank account, I am self employed, can he garnish my husband’s wages?
CrisCros,
Thanks for your comment.
Remove CapOne from the picture. This is about Hanna and an “alleged” debt. Are you in the State of GA? Sounds like you are in TX. You sent 2VOD letters – good. Starts paper trail. HOW OLD IS THIS ACCOUNT?
Summons – you answered – they did not respond to your answer (until recently).
What was in the large envelope? You should have had a hearing scheduled when you answered the complaint. Has a judgment been rendered?
Hanna cannot garnish bank account without a judgment. No Hanna cannot garnish husbands wages if husband is not being sued.
~Next Level Credit~
Hanna did garnish my bank account with out any warning. I was / am devasted. they claim I owe 7,000 ffrom a discover card, and even though I tried to settle, they wont. I do not know what to do. I have children and a home and now they zeroed out everything. How can I fix this?
Amy,
Thank you for your comment. It sounds as if you have a judgment against you. If you were unaware of the judgment, you may be able to get it dismissed due to a few valid reasons. Also, how would Hanna have access to your bank account number? How did you attempt to settle? If you did not give authorization, then speak with your bank.
You need to seek legal assistance. Contact our office for further resources.
~Next Level Credit~
I’ve been dealing with Frederick Hanna also this year…I have a charge off account with Bank of America (not two years old), I sent Hanna a validation letter four months ago, he then sent a law firm in my State, requesting payment (I sent this law firm a validation letter via certified also). Now that’s it’s been three months and no reply from Hanna or the law firm in my state, what else is their to do, other than wait for the summons.
Mike,
Thank you for your comment. Congrats on being proactive and knowing the action to take. Since these are letters from Hanna and the law firm in your state, you have responded correct.
You have done all you can at this time. Do not worry about a summons at this time. There is a 1% chance of that to happen, and, do not stress about the unknown. Keep your guard up and also try not to worry.
IF that does happen, you have the paper trail that you will use in your answer to the court. You can use the defendants package also (see beat a lawsuit tab). Contact us if you have any questions.
~Next Level Credit~
OMG, WELL FJH IS NO LONGER IN AN OLD MOLDY BUILDING!!! I SAW THIER NEW CORPORATE OFFICE IT IS VERY NICE!IF SOME ONE OWED YOU MONEY IM CURIOUS, WHAT WOULD YOU DO?? HECK, MARRIAGES, FRIENDSHIPS, BROTHERS AND SISTERS HAVE , HATED ONE ANOTHER, KILLED, SEPERATED, DIVORCED AND GONE ON TO HEAVEN OR HELL OVER DEBT!
MY POINT, WHAT IS THE MOST FJH CAN DO TO A DEBTOR?? PERSONALLY, I DO NOT THINK ITS PERSONAL, IT JUST BUSINESS!
AT THE END OF THE DAY, DONT MAKE DEBTS YOU CAN NOT PAY AND MR. FREDRICK J HANNA IS OUT OF BUSINESS IN THAT ARENA! DONT HATE THE PLAYER, HATE THE GAME! ” YOU BREAK, YOU BUY!”
Tia,
Thank you for your comment. At first we thought perhaps you are an employee of Hanna.
You ask what is the MOST Fredrick J Hanna can do to a debtor? Sue that consumer and render a judgment, garnish wages and bank accounts. We know that Hanna does not have rights to all the alleged accounts he sues.
We know that this is business for Hanna – rumor has it that he processes 50,000 cases per month. This is only a rumor. Check the dockets in the state of Ga. Nothing personal to him. He does not have a conscience.
Based on your comment, we don’t think you understand the legality of what Hanna may or may not be doing (and many other junk debt buyers). We have personally been in court with Hanna and they dropped the case. THEY dismissed it. The consumer (defendant) defended themself in court. The defendant did not have to say one word. Hanna dismissed it based on what they did NOT have in their records. Unfortunately, there were many other consumers in the courtroom that did not have any clue of what was taking place and how they could have fought back.
We agree – do not incur debt if one cannot pay. The credit card industry is a high profit industry. Do you have debt? Do you have credit cards? Do you have employment?
We do definitely hate the game (collections) – and that is what it is – A GAME – and if you know how to play it – then there is a 99% chance you will win.
~Next Level Credit~
Do you only help people in the state of GA? I have several debt collectors harassing me and was told by a friend that even if they did sue since I am self employed and do not receive a paycheck and our checking account is in both names (but the debt is only in my name) that if they did get a judgement against me they could not garnish anything ?? I need your help..
Mark,
Thank you for your comment. We assist consumers all over the US.
With all due respect to your friend, unless they are educated and informed about the collection industry, please do not think that being sued is not a problem.
There are multiple reasons why a judgment would inconvenience your life,regardless if you are self employed.
If there was a judgment, the bank account will be garnished.
Contact our office today for an analysis.
~Next Level Credit~
Recently, I too faced the bottom feeders from Hanna and Associates. When I asked for validation of the claim against me, the young man produced a prepared (typed out in advance) dismissal, signed it and off to the county clerk’s office he went. He also dismissed the claim against the young lady in front of me when she made the same request. They had nothing!
The poor souls who did not attend and there were many, would have really put a damper on the Hanna profit margin. Sadly, those poor folks will have more headaches because they weren’t aware or were too afraid to stand up for themselves. God help them all.
Consumers must stand up for themselves. These racketeers can be brought down. If not by the government, then by the citizens of this nation, this scourge can be removed.
Fight the good fight!
VICTORY!!! I received a summons from this slimeball back in Nov. 2009. I sent my answer before the 30 days expired, denying any responsibility for that debt until I had proof. I had all my documentation and knew that they did not. I requested every receipt for every purchase ever made, every receipt for every payment ever made, an itemized list of every fee and all interest, plus how much THEY paid to acquire the debt.
I knew Cap 1 had charged it off over a year ago, and it had already been to two different collections agencies, so I KNEW Hanna was NOT representing Cap 1 as a client. No way did they have the documents I requested, so I was prepared. They replied to my answer with a form letter stating that if I would call them, perhaps “their client” would be willing to work out a suitable settlement offer. Suitable for whom? I called in response to their letter and asked if they were prepared to send me the documentation I requested. She answered that this was only magistrate court and they didn’t “do discovery”. I replied that I expected to see all documentation when I saw them in court.
I showed up to find that out of 20+ defendants they were ALL being sued by Hanna, ALL for credit card debt. Only seven defendants showed up, so the rest lost to this scumbag by default. Their attorney had cases in the adjoining courtroom, so the judge called for them to send in another case for him to hear while we waited, and encouraged all defendants to go outside and seek mediation. After the first case ended nearly three hours later, I was the ONLY defendant still in the courtroom. The judge asked me if I had gone to mediation, and I replied that I was NOT THERE for mediation, but to try my case.
He sent the deputy to find the plaintiff and took a short recess. Soon the deputy returned with a “partner”, so I took my manila folder and walked to the front to sit down at the table. The partner walked to the front, began hastily signing some papers and said “Your honor, we are voluntarily dismissing all charges against the defendant.” You could have knocked me over as I never even had to open my mouth. He handed me a copy of the dismissal, and said “Sorry you had to wait so long.”
I replied, “I guess three hours of my time was worth the $1400 you were trying to get out of me.” And I walked out. Downstairs I encountered another young man who had also been in the same courtroom, and he said he did not even go before the judge and had won his case. Evidently in mediation they signed dismissal papers, because he too had done his homework and had a file of paperwork and they knew it.
We both were jubilant, but felt sorry for all those other poor souls who agreed to sign on for many more months of payments, when all they had to do was look for information. I am out to freely help ALL who want information so we can put an end to this dismal business that preys upon the poorest of the poor. One day soon there will be justice.
I was recently trying to get a house financed and was told that I have a judgment against me filed in Georgia. The law firm was Hanna & Associates. I had some dealings with these people in the past over a charged off Sears account. I was stupid and uneducated at the time and did make some payments to them in 2005 when I was able to. I relocated to California in July 2006 and this judgment was August 2006 I did not live in the state. They (Hanna) now say I owe them 5k am I just stuck? How can they get a judgment against me in Georgia when I am not a resident. Should I just pay this what are my options?
Billy,
Thanks for your comment. In order to have a judgment, the defendant has to be served. If you were not served, that will be the first issue. The judgment can be dismissed. It sounds as if you had no knowledge. It depends where you were living WHEN Hanna states that you were served.
Contact our office and we can give you the name of an attorney in GA.
~Next Level Credit~
Elena,
Could you please forward me a copy of your “Answer” or at least some idea on how to respond. My son, who is a college student has a charged off Capital One Account in which he received a summons from Hanna for Capital One. Any information will be appreciated.
I received a letter from Hanna dated May 6, 2010. I just sent certified mail requesting validation. Also for them to contact me only by USPS, no phone calls. I have not heard back yet. I am in SC, can they sue me here through their offices in GA?
Elena, I too am being sued by hanna, have a court date for June. I have just today sent them a demand of documentation letter requesting they provide proof of dept and all paperwork etc. as well as original signed contract between me and Cap 1. I also called them to ask for a continuance for this court date. My desire is to fight this but even if a judgement is rendered against me my plan is to file C-7. I would rather get this suit taken off but my understanding is even if THIS suit is dismissed, if it is still owned by Cap 1, they can hire new lawyers to fight again…
Gary,
Thanks for your comment. An attorney has to be in your state of residence to sue.
~Next Level Credit~
asmith,
Thanks for your comment. When a consumer is sued by a collection attorney, the FIRST thing to do is to file an Answer and Affirmative Defenses to the court. A validation letter to the CA does not matter at the point of being sued. It is past that time frame. That will be addressed in your Answer and ADs.
Capital One is NOT the plaintiff and not suing you. Hanna is known for suing in the name of capone. He cannot represent capone and collect debt. When it is dismissed, CapOne will not sue you again.
~Next Level Credit~
I just receieved this morning Civil papers from my local Sheriff”s office from Fredrick Hannah & Associates out of Georgia. This is the first time I have ever had to deal with anything like this. I had signed up back in February of this year with Lexington Law to help repair my creidt & get old debts removed. Which they have raised my score by 30-40 points at this time. Also, this paticular acct has been bought out & is LVNV/GE CAPITAL/SAM”S CLUB. It is showing on my Equifax credit report to be a Deleted item. Also the acct show”s charged off 3 years ago. Is there anything I can do before I have to go to court on this matter.
Any help is Appreciated from anyone.
Angie,
Thanks for your comment. We presume that you reside in Ga. You can fight this Pro Se or get an attorney. You will need to file an Answer and Affirmative Defenses immediately. Hanna wants to settle in the courtroom with you. Don’t do that. File your Answer/ADs – go to court and get this dismissed. SOL is hard to prove in a court case.
Contact our office directly if you have further questions.
~Next Level Credit~
I did as you requested & requested that I receive the information on my acct & I told them that I needed all information on the Acct & I needed to get information on payments made & interest, How much they paid to Aquire the Acct & they said to have my Atty to contact them & he was very sarcastic on the phone & hung up on me. He was not willing to give me the information needed.
The first time I heard of Hanna was when I was served a summons. I called to get information and was told that the debt was valid because I didn’t respond within the first 30 days. I NEVER received anything from them. The lady I spoke with was only interested in obtaining my social security number and bank account information to satisfy the debt. I sent a debt vaildation letter but, of course, haven’t received a response. I did answer the summons with denial and have a September court date.
I don’t have a lot of documentation, just a non-compliant attitude and a desire not to be railroaded. If I stand up in court, deny the allegations and demand proof, will I be ok?
Angie,
You will have to contact our office directly. We have sent you an email requesting communication with you to answer your questions. This is a very critical situation for you. It seems that you did not file an Answer. Hanna is not going to comply on the phone. This is a court case now.
~Next Level Credit~
Hi Guys,
I’ve been dealing with Hanna for the last few months. In a nutshell, I had a BOA account that charged off the end of 2009. The account initially went to a collection agency in Upstate New York and then Fredrick J. Hanna. To make a long story short, a summons/complaint was sent to my home in which I answered. After which Hanna sent a settlement letter requesting to settle for $3000.00. Afraid, because I reallly owed the debt and was really stressed (I have a million things going on right now) I agreed to settle the amount. Here is where the problem comes in. I’ve already paid them 1000.00. I made a copy of the Money Order and the settlement agreement plus the receipt given to me by the receiptionist at the front desk. Before, I pay off the account, how do I go about getting them to give me documentation that the settlement has been fulfilled and the case will been dismissed. So far, all evidence and proof of payments have been sent to the court just in case they try to say that I didn’t fulfill the settlement just to get a judgement. Also, the terms of the settlement stated that the case would be dismissed with predjuice once settlement has been fulfilled. Someone please help me. I’m really on my last leg and just need some advice. Any information would be helpful…Thanks in advance.
Sunnie,
Thanks for your comment. Most likely, you could have beat Hanna in court. Do you have reason to think the agreement will not be fulfilled on Hanna’s side? You have a consent judgment which means you agreed to the judgment. If they do not fulfill the agreement terms, you can take legal action against them.
Feel free to set up a counseling session with us for more information.
~Next Level Credit~
I have an issue with Hanna’s firm and it’s stopping me from passin character and fitness. I need an attorney that’s reliable.
Yasmin,
Thanks for your comment. You have not written enough details on your comment. Issue? Letter? Lawsuit?
Please go to our ABOUT US page and sign in for a counseling session today. We will be able to assist you at that time on what you need to do.
~Next Level Credit~
Calls made to a cell phone by a Debt Collector, using any automatic telephone dialing system or an artificial or prerecorded voice (including texting) where there is no prior express permission, are potentially a violation of the Telephone Consumer Protection Act (”TCPA”). There are statutorily prescribed damages of $500 for each such call. The damages per call can be increased to $1,500 if the Debt Collector’s conduct is shown to be willful or knowing.
We are handling TCPA cases for Georgia citizens on a Contingency Fee basis. You can contact us at (404) 261-7787.
Today I won a dismissal in the case styled Midland Funding LLC assignee of Citibank vs. me. Plaintiff’s representation was Frederick J. Hanna & Associates. It is a qualified victory: because it was a voluntary dismissal by plaintiff, it was “without prejudice.” In this state, they have the right to file a suit again within five years. More about that later.
Midland Funding is a secondary debt buyer. Their business is to buy debt that’s already been written off by the original lender (credit card) for a deep discount – reportedly less than 10 cents on the dollar – and recover whatever they can. They then contract with law firms in various localities to file collection suits. They play a numbers game, and they are paid a percentage of their collections, not unlike a contingency fee personal injury lawyer. They may have an agreement that says, anything above 10% of the debt that you collect, we split with you 50/50. If the face value is $10,000, after the first $1,000 they split it evenly. The firm may decide that $2,000 is enough to cover their costs, making them $500. Their goal, of course, is to get as close to 100% recovery.
If you get sued by these people, you should bear in mind that Midland Funding is not your creditor. You have no agreement with Midland Funding. They must prove, in court, that they have the right to sue you. You do not have to tell them or show them anything in advance, even though they tell you you have to. You do not have to reveal any of your personal information. They are not in business to help you out of your financial crisis, though this may be something they tell you. They are here to get as close to 100% of the named amount as they can.
I am being purposefully vague about details of this case. It’s probably unlikely, but this is the internet and it’s possible that someone at the plaintiff’s firm will find this document in a search. I do not want my case to be identifiable.
Here is how I did it:
1) When they sued me – and the collection law firm that had the case gave me plenty of warning that they were going to sue – I answered the suit. If you do not respond within the state mandated window for answering, you have given up.
2) I made two points in my answer: first, “Plaintiff has failed to establish validity of claim – no relationship with defendant.” Second, that the statute of limitations for filing had passed (in my state, four years).
3) The case was sent to mediation. I was ordered by the court to appear. At the mediation, I did not in any way concede that I owed the plaintiff money. I refused to consider any of their offers, did not counteroffer, and told the mediator that it was pointless negotiating because I was penniless and could not meet any payment schedule (actually not a ploy, it is quite true). I possibly erred in attempting to get the plaintiff’s representation to discuss how much Midland Funding paid to acquire the right to sue me. In retrospect, this muddied the water of my original position and could have possibly been used to prove I acknowledged the debt. It wasn’t, but I was worried.
4) VERY IMPORTANT: I subpoenaed three documents from plaintiff: A) The original signed contract with Citibank detailing any credit agreements I had. This is important for two reasons: It will define the agreement originally made, and will describe any transferability of the debt to a third party (i.e. Midland Credit); more importantly, it will be impractical or impossible for the attorney for a third party, representing an account that Citibank has written off and no longer has any interest in, to get Citibank to research, retrieve and provide copies of the original signed documents. Without the original signed document, plaintiff’s case will be much more difficult to prove. B) Payment records back to the date of the original default on the account. This will establish date of default for statute of limitations reasons. Again, it will also create an impediment to plaintiff arguing their case. C) The document transferring ownership of the account from Citibank to Midland Funding, specifically referencing my account. Again, this would establish credibility of plaintiff’s case and the validity of their right to sue me. It also created more impediment to their presenting a complete case. By subpoenaing these documents, I create the situation in which their failure to provide the documents indicates to the court that they are unable or unwilling to document their case.
The plaintiff provided me with a photocopied document of transfer between Citibank and Midland Funding of one page, not on letterhead, and bearing only the name “Patricia Henry” of Citibank. Calls to various Citibank offices landed me at their legal department, where my messages remain, to this day, unanswered. Additionally, they provided copies of various monthly statements from about two years of payment history. The earliest of these statements showed that I was paying a fixed amount with zero interest payments, which I intended to use as evidence of “payment in default.”
During the mediation, plaintiff’s attorney had attempted to bully me into the idea that since I was paying on the account, it was not in default. This is incorrect. Payments accepted after the original default do not necessarily cure the default, and they do not amend the date of default.
So the documents provided, which I presumed were all they had, satisfied my subpoena in the following ways: A) Plaintiff did not attempt to provide documentation of the original debt in any way B) Plaintiff provided a very sketchy “document of transfer” which did not refer to me or my account in any way C) Plaintiff provided partial payment records which did not establish an original default date.
5) After the subpoena, which due to inclement weather was delivered to plaintiff less than two weeks prior to trial date, I contacted plaintiff’s attorney by phone and offered to allow them a continuance. The callback (second lawyer at this firm I dealt with) said that yes they’d like a continuance. I said I’d need documentation from him of his request for continuance. He never provided it, so I showed up. Plaintiff was not there, judge offered to dismiss but without prejudice, and suggested to me that plaintiff would indeed refile. I agreed to a continuance but went on record with the judge as appearing.
6) I showed up for the second calendar date. The court required us to again meet in the hallway to negotiate. Attorney (a third one) asked if I wanted to make an agreement. I told him “I do not believe you will prevail.” He asked how that was, did I receive the papers, did I intend to claim that this debt was not mine? I simply told him, “I have no relationship with Midland Credit or Funding or whomever.” I told him if he had a dismissal I would accept that. He explained that if he dismissed it would be without prejudice, that they could refile, that it would remain on my credit, that they could sue me in State court rather than Magistrate court (I rather doubt this but have not finished researching).
When the judge called the calendar, counsel for plaintiff merely said, “This is going to be a dismissal.” He handed the judge a prepared dismissal form which he had brought. I picked up a copy and was told to have a nice day.
I am not totally out of the woods. In my state, if a dismissal is without prejudice, it is not a finding of fact. If I had filed a counterclaim, which I didn’t do because I didn’t want to push my luck, the court would have required either my agreement to dismissal or could have ruled dismissal with prejudice, the equivalent of a finding in my favor and preventing plaintiff from pursuing the matter further.
They lost money on this one – three attorneys spent time on it, and a fairly senior one took several hours of his day to travel to and from and participate in the mediation. Had they confidence that they would be awarded a judgment, they would not have asked for dismissal. I of course cannot know that definitively but it certainly stands to reason.
If they decide to file again, they will either have gathered more paperwork in order to make their case more credible, or simply once again play the odds that I will hide from my problems and fail to answer, creating a default judgment for them. I rather doubt they will gather more paperwork, and I seriously doubt they will ever be able to (or for that matter seriously try to) obtain a signed copy of the original credit agreement.
My strategy, should they file again, is to counterclaim. I am researching the term “tortious” in my state’s Lexis/Nexis searchable Official Code Annotated, seeking rules about frivolous or harassing lawsuits. I intend to demonstrate that if their case had merit they would have presented it the first time, and that subsequent attempts are an effort to harass or intimidate. I will stipulate an amount of damages, at the very least a realistic per hour figure for time spent, at most a claim matching the number they propose. If I file a counterclaim and their claim is dismissed, this time it will be with prejudice and they will be unable to file again.
None of this addresses the fact that I indeed defaulted on the original account. This will appear on my credit, and cleaning it up is a different matter entirely. I was once a man of substantial income and net worth, but divorce, custody struggles, and changes in the industry I spent my career in (print advertising) have destroyed that. I cannot pay this bill, I have no assets, little income and bleak prospects. Their claim was for $10,129. It’s a lot of money to leave possibly available but uncollected. I have certainly won the battle, but I am only cautiously optimistic that the war has ended.
I have neither expertise nor results to give any advice. As someone who has gotten to at least this point of the other side, I can give you encouragement.
In my case, I was playing a big bluff. I was playing for the one payoff, that the judge would tell the plaintiff that they lose. I can no longer pay, and it didn’t make any difference to me if the entire amount were ordered due. My next stop was bankruptcy court. If you have more to lose than I do, if you have a significant income that could be attached by garnishment or assets that could be taken in a legal action, my tactics may not be appropriate for you.
Remember, the law demands that the plaintiff prove their case. Every aspect of their case, in writing or through witnesses. In my opinion and experience, you are better off letting them sue you and having your day in court. If you negotiate with them, they are in the drivers seat. In court, they stand before the bench asking the court for relief. Do not concede any part of your case: Make them provide written proof of the original debt (in court, don’t waste your time trying to negotiate without a lawsuit). Make them provide written proof of the transfer of debt to a third party. Make them document each and every payment. If you are claiming a statute of limitations question, make them document the date of payments. Make them illustrate the amount of payments in order to demonstrate if you are making zero interest payments under a default arrangement. If they can document all this, you’ll probably lose. But the fact is, if it’s a third party debt handled by a debt collection firm who’s looking for low hanging fruit, they either won’t put in the work or won’t be able to obtain this documentation. If they miss even one piece of documentation, you have an avenue to ask a judge to dismiss their case.
DO NOT TAKE PLAINTIFF’S ATTORNEY’S WORD FOR ANYTHING. ANYTHING AT ALL. If plaintiff’s representation says to you, “Good morning,” make them establish with the judge what time it is in order to document that it is indeed morning. Their job is to, by any means available to them, get you to agree to pay 100% of the amount they claim you owe them. They will lie to you, they will make threats, they will badger, they will intimidate. As defendant, you have one huge advantage over plaintiff. Everything they say, you can simply say, “Prove it.” The only things they can say that are outright lies will be outside of the court. They will say your wages will be garnished. Yes, if they receive a judgment, they may be. But that judgment is a long stretch, after the judge has ruled. They will say this will remain on your credit forever, will never go away. They do not run the credit bureaus, they don’t even report. They are lawyers. You have already on an account, that is already on your credit. They can hardly make it worse, and you’ll have to repair it either way. Don’t listen to them.
Decide what your strategy is before you write your answer. If you’re going for zero, if you want the judge to rule that they have no case, stick to your strategy. Don’t backpedal and begin to negotiate.
If you want to negotiate payments, I don’t have anything to pass on. The only thing you can be absolutely assured of is that they want as much as possible, as close to 100% as they will be able to get. This is not a good position for you to negotiate from.
The practice of law is, in my estimation, not a matter of right and wrong but a matter of who has the better argument. It is, in the most absolute sense, a game of confidence, confidence in one’s self, confidence in one’s argument, confidence in one’s case and how the judge sees it. It is the purest sense, a confidence game, a con game. A lawyer is a con man or woman. I am a con man. I did not go to law school, I have no formal training. But I have learned that the law can be on my side, that the other side HAS to prove their case, that you must concede nothing.
I was nervous in the courtroom, absolutely. But I had confidence in my case. I did not waver from my initial position, “Plaintiff has failed to establish validity of claim.” I will probably never know whether they can indeed establish their claim, but at least for now it is a moot question.
We were served on March 17 a Complaint by Chase Bank.. with Fred Hanna & assoc. as the atty. I pulled credit report and on credit report Chase Bank has it listed as written off. I have typed up an Answer and also a Request for proof and documentation. We had talked to these people and were told they would need to discuss with Chase a “payment plan” and get back with us. We had made one payment to them. But in reality Chase isnt the client, they are.. am i right? If they bought the debt from Chase, they are getting the money. I have requested proof of all charges, all payments made and an itemized list of interest of fees. I have also requested proof that Chase is actually a client of Frederick hanna as well as how much Frederick and Hanna paid to Chase to purchase the debt. Is there anything that I am missing? We have been lied to from the very beginning.. its time to get the truth about this.. I owed Chase not Frederick Hanna…
Nina,
Thanks for your comment. You are correct. Chase is not the plaintiff/client.
~Next Level Credit~
I to have been dealing with Fredick and Hanna now for 17 mo.. I am legally blind and I am on Social Security disablity. I had to retire 51/2 years ago which made me default on a Cap one cc.. Hanna has sued me and I had an attorney do the paper work for ,me and so I am pro se.. We have answered and discoveries and sent demand letter and asked for validation and proof they own the debt… All they sent was copies of statements and a sworn and sighned statement from spmeone from Cap one… They never showes proof of ownership.. We filed for a dismissal and compel..We lost… My question is,, 1. This debt was in my name only. Is my wifes paycheck safe.. We live in GA.. 2. Since I am SSD is my account safe..3. The only property thats in my name is my home so will that have a lein.. 4. my wife files her taxes and I am on it a joint return can they seize a tax refund though I have no taxable income she pays income tax… I am worried that are going to lose the case because we said in the dismissal request that they did not answer or prove they own the debt and we lost that requst…they are asking for $10105.00… $5000.00 is the debt the rest is intrest and court fees..
Am presently dealing with Hanna and have been for the last month. They have left numerous and very frequent messages on my cellphone, as well as at least once a day a numerical text including their phone number. This is a violation of a phone debt collection act I believe, but I’m not for certain. I can’t refrence the post in this thread but I will look again.
Hogan,
Thanks for your comment.
STOP TALKING TO HANNA IF YOU ARE!
TEXTING the consumer???!!! Outrageous!
Set up an analysis with us ASAP. Go to our home page and enter your name and number.
~Next Level Credit~
Tim,
Thanks for your comment.We are sorry to read what happened to you about Hanna. Usually when you fight Hanna you should win. Pro se means that you did not have an atty. So it sounds like you had someone help do the paperwork but he did not work for you as a client.
They cannot touch SS or your wife. However Hanna has been known to do some tricks about that. No they cannot take taxes.
You need to talk to an atty either to appeal this or to file BK in your name only.
~Next Level Credit~
Hi,
I received a summons back in Nov, I had an attorney file an answer with the court and deny the claims, however about 2 wks ago I received a JUDGEMENT claiming I did NOT file an answer, which is a bold face LIE! Now the judgement is on my credit as well. Do you suggest I file a motion to vacate the judgement and then move to dismiss the claim/case in its entirety? The proof is there that the answer was indeed filed in time, my friend in the Clerk’s office even pulled it for me. Should these vile devils be in trouble for lying?
TIA!
Sued in GA
Thanks for your comment. We are in GA and we know how Hanna operates for the most part.
#1 are you sure your atty filed and ANSWER AND AFFIRMATIVE DEFENSES correctly?
#2 if so, you should have had a hearing and go to court
#3 did you have to file discovery?
There is not enough information here on your post to understand.
ASK YOUR ATTORNEY WHAT TO DO!
~Next Level Credit~
Hi
I had been previously served by Frederick J. Hannah & Assc. in GA, I went to court and agreed to make a monthly payment to settle my acct. a month later I found out that this was probably a scam and I stopped making my payments. I was served again yesterday and I have to go back to court. I want to call them and try to settle out of court, do you recommend that I do this?
Thank you
Sama,
Thanks for your reply. We are in GA too.
First of all you should have disputed this and fought in court. You would have won. We do not understand how Hanna can dismiss and then serve you again? Very unusual.
Some of your posting is not clear.
Sign in for an analysis today – the clock is ticking on your case if you need to file an Answer and Affirmative Defenses.
~Next Level Credit~
I was contacted by Fredrick J Hanna and Assoc they refused to give me information about them being a debt collector over the phone. I recently had a something happen to me that was fraudulent and I have been concerned that these people are fraudulent so I asked the representative over the phone for a debt collection ID number to validate that they are able to handle debt in the state which I live in. I was given a snide remark and then they go to claim that they cannot oblige to the information. So I ended my conversation with them. Also they had the nerve to leave a message on my Wife’s parents answering machine a couple weeks before they called regarding that this was a notice to collect on a debt! Last I have heard, doing this is illegal and now my mother in law knows that this is a Debt how embarrassing! Anyways, I contacted the FTC on this matter and I was given a bit of information but have yet to hear back from them as to weather or not anything will be done! As far as I can say I believe that anyone having trouble should report them to the FTC! More voices give better reactions with government agency’s! Is there anything else otherwise besides finding a lawyer that I can do to protect myself from Fredrick J Hanna and Assoc? by the way I saved the message on the answering machine onto my phone and I still have it! Can I have my mother in law come in as an expert witness on my case?
Chris,
Thanks for your comment. Many things Hanna does are illegal.
FTC cannot help you personally. But yes it should be reported to FTC.
For answers to your questions and what you will need to do next, please go to our home page and set up an analysis TODAY. Are you in GA?
Fyi – You do not need a lawyer
~Next Level Credit~
I just received a motion for a summary judgement in the mail from Fredric Hanna and associates. Back in oct I received a
Court order that was a year old and I answered them with a letter stating that I was notresponible for the debt because it surpassed the statue of limitations. In this packet I got yesterday they give evidene that I did not respond to their certified letters but they also say they were not delivered because I was unavalaible..hmmm never received them. They stated that I failed to file a timely response to plaintiff.s request for admission of facts….what fact r they talking about? Sould I get a lawyer? Ai am going to call the clerk of couts tomorrow, but should I supena them for profff that iowethedebt? Iknow they don,t have it because they are representing midland financial for AT&T universal card. Please advise thank u so much
Mich,
Thanks for your comment.
Sounds like you got served last year. Did you file an official ANSWER to the court? If not, that is the problem. SOL is hard to prove in court. AND the SOL in Georgia starts with the date of last payment to the credit card.
But there does seem as if Hanna is doing tricks. Hanna is referring to DISCOVERY – request for admission of facts.
You can object to the Motion for SJ.
~Next Level Credit~
I have just received a summons from Frederic J Hanna stating that if I do not reply in 30 days to the court, they will contact me about my hearing. There is a stamp stating “Filed in Office on Oct. 2010 by the clerk/State court of GA” in the top right hand side of the paper. Does this mean my 30 days are already up even though I JUST received them? I would like to fight this myself, I am unemployed and take care of my disabled father so I cannot afford an attorney but I have NO IDEA how to draft a reply to the clerk. Can anyone offer any advice on what to put in my reply? Also, they enclosed a photo copied page from Chase stating they purchased my account, but it doesn’t have ANY of my personal information; no name, acct #, no amount stating what they payed for the account. What can I do to fight and win this? A friend of mine had problems with them and she ended up having to pay them. I REFUSE to take this lying down. Someone help!
Disgusted in GA
Thanks for your comment. Are you in GA? You cannot be sued otherwise.
We are in GA and we know how to beat Hanna in court.
Click here and get THE DEFENSE GUIDE http://nextlevelunlimited.net/answer-summons.php
This is dyi – without an atty.
~Next Level Credit~
Fredrick J. Hannas has sent judgement against me for a 1000.00 credit card debit to Bank of America. What should I do? I have tried to contact them, because of all the bad information I am reading about them. This debt is from 6 years ago. I cant afford to pay them or hire an attorney. Please, HELP!!!! I live in Georgia. I have a joint banking account with my husband. The debt is from before I was married and is in my maiden name. Can they still garnish my account???
Michelle,
Thanks for your comment. File Discovery.
~Next Level Credit~
Just filed my answer in court too Hanna today in GA :
Had an x employee run up my card. Midland funding using Hanna sent his first 30 day form letter and I responded with validation and sent it certified /return receipt. They countered with it’s yours a balance and last 4 numbers of the account plus tried too settle for $2,000 less.
I sent another answer telling them I denied that is was a valid debt and to cease all collections ( did that the first time as well.) They went ahead and sued me.
Had a friend who is an attorney helping me pro bono but we are counter suing for attorney fees etc. Remember to answer these clowns in full. I plan on showing up and getting a dismissal !
Wish me luck in April.
I won ! Cased dismissed before they showed up for court. They wanted no part of my affirmative defense and my counter claim. I would have appealed to state court had I lost and let them know there was no way they were making money.
Answer the summons with a good affirmative defense . Document everything and tell them nothing. Show up … fight them they have nothing to stand on. You can beat Hanna
Great job! We hope even though the CA dismisses before court date that the defendant should show up to make sure that is not a trick.
Congrats!!!
they tried the ” we mailed it” trick… don’t believe it. I showed. First one in and he wrote out a dismissal. The lawyer was scared to death. They had 18 cases only 4 came to court. Only 2 won ..we both filed a solid answer and had everything documented and return receipts.
Do your homework. Don’t be afraid of court and get your affirmative defense and court docs off the web.
I just received a “copy” of a letter from my employer about me being sued for wage garnishments in Gwinnett County, even though I live in Cobb County. I have NEVER received anything from this company, or from this nasty law firm of Frederick J Hanna & Associates……but coming from my employer, I am afraid of losing my job.
NOTHING on the back of this form is checked off, or signed, but it looks official, and again was sent from my employer.
Any help would be greatly appreciated…I just wrote to the BBB, FTC, and tried with the state bar of GA, but couldn’t really find the correct place to write.
This law firm is really scaring me, as I don’t know what to do about the court case.
Thank you all in advance !!
Kennesaw
Thanks for your comment. Sounds like a judgment. Call the clerk about dates of service and date judgment rendered.
If you have moved and never served you may be able to get that vacated easily. Check those dates.
The employer has to comply. Does not matter what county.
If you would like more advice, you can sign in to our home page to talk briefly Mon-Fri 9-5 EST. We are in Georgia and very familiar with Hanna.
~Next Level Credit~