- Report: #356303
Complaint Review: Frederick J. Hanna & Associates - Marietta Georgia
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Frederick J. Hanna & Associates
1427 Roswell Road Marietta, 30062 Georgia, U.S.A.
Phone:
770-988-9055
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Frederick J. Hanna & Associates Suing me for old credit card debt without proper validation Marietta Georgia
I had a credit card account with Capital One bank which I opened in June of 2002. The last payment I remitted was in April of 2005. The balance was around $1,500. Since then, my husband has lost his job 3 times due to the plummeting housing market (he was in commission sales for building products for the residential market) -none of which were his fault (losses due to downsizing, mergers, etc). He was on unemployment for a brief time, we lost our home to foreclosure, had a car repossessed (which we were able to redeem/recover). We have four young children. We are honest, hard working (not irresponsible deadbeats), however we were just trying to stay afloat. Obviously, we have had to put this on the back burner.
The account was placed with a collection agency NCO back in October of 2007. They sent us a letter asking for a settlement of 55% of the balance they show of $3,328.92 (principle $1,555.49 and interest $1,773 at 25.9%IR).
NCO sent it back to Capital One in November of 2007. Capital One sold the account on March 22, 2008 to Northstar (another collection firm) for $3,528.67 (I obtained this information over the phone from Capital One).
Northstar never sent me anything on this account. I phoned them to make sure of this and they said that they sent it immediately to Trak America who uses Frederick Hanna law offices to collect.
I receive a letter from Frederick Hanna on June 18, 2008 stating that they represent Northstar Capital Acquisition LLC Asignee of Capital One Bank and that I owe them $6,039.59!!!!
I sent a letter disputing this debt to Hanna on July 1, 2008, and also asking them to only contact me in writing. I also demanding verification of this debt.
On July 10, 2008 I receive another letter from Hanna telling me only the following: account was opened with Capital One on June 5, 2002; states the account number; last payment received was April 11, 2005; our client has verified that the balance of $6,133.33 to be true, correct, and still owing at this time. (notice how the amount has gone from $6,039.59 to $6,133.33 in less than a month!) In this letter, the state they are willing to offer a settlement for $5,900.00 - get out of town! Also, they state that I should resolve this by July 31 (20 days!).
On July 25, 2008 at 10:30 am, I receive a knock at the door - sheriff car in the driveway - it is a summons from Hanna and I have 30 days to respond! Just 15 days after he sent me the "verification/settlement" letter. I should not have done this, but I was MAD - I called Hanna's office. The guy I spoke with was surprisingly pleasant, but he stated that he is getting the $6K figure right off of my credit report - how can that be? I am requesting a copy tomorrow from all 3 reporting agencies. When I spoke to Capital One, she stated she was reading the charge off from my credit report also - so maybe, he is lying?
Here is where I need help - we are trying to get back on our feet in light of the financial hardships we have been through recently. We are making progress, paying everything on time, renting a home, and now this! I am trying to write an answer to this summons and have ABSOLUTELY no idea how to do it. I have stayed up until 3a.m. several nights trying to find advice, anything on representing myself in court - which I will have to do as I do not have funds for an attorney. I do not want him to win a judgement on me as I feel he is in violation of the F.D.C.P.A. for several things. If there is anyone out there that can help, please advise! I am desperate! This amount he is asking for is ridiculous and he can't prove it!
Amy
Buford, Georgia
U.S.A.
The account was placed with a collection agency NCO back in October of 2007. They sent us a letter asking for a settlement of 55% of the balance they show of $3,328.92 (principle $1,555.49 and interest $1,773 at 25.9%IR).
NCO sent it back to Capital One in November of 2007. Capital One sold the account on March 22, 2008 to Northstar (another collection firm) for $3,528.67 (I obtained this information over the phone from Capital One).
Northstar never sent me anything on this account. I phoned them to make sure of this and they said that they sent it immediately to Trak America who uses Frederick Hanna law offices to collect.
I receive a letter from Frederick Hanna on June 18, 2008 stating that they represent Northstar Capital Acquisition LLC Asignee of Capital One Bank and that I owe them $6,039.59!!!!
I sent a letter disputing this debt to Hanna on July 1, 2008, and also asking them to only contact me in writing. I also demanding verification of this debt.
On July 10, 2008 I receive another letter from Hanna telling me only the following: account was opened with Capital One on June 5, 2002; states the account number; last payment received was April 11, 2005; our client has verified that the balance of $6,133.33 to be true, correct, and still owing at this time. (notice how the amount has gone from $6,039.59 to $6,133.33 in less than a month!) In this letter, the state they are willing to offer a settlement for $5,900.00 - get out of town! Also, they state that I should resolve this by July 31 (20 days!).
On July 25, 2008 at 10:30 am, I receive a knock at the door - sheriff car in the driveway - it is a summons from Hanna and I have 30 days to respond! Just 15 days after he sent me the "verification/settlement" letter. I should not have done this, but I was MAD - I called Hanna's office. The guy I spoke with was surprisingly pleasant, but he stated that he is getting the $6K figure right off of my credit report - how can that be? I am requesting a copy tomorrow from all 3 reporting agencies. When I spoke to Capital One, she stated she was reading the charge off from my credit report also - so maybe, he is lying?
Here is where I need help - we are trying to get back on our feet in light of the financial hardships we have been through recently. We are making progress, paying everything on time, renting a home, and now this! I am trying to write an answer to this summons and have ABSOLUTELY no idea how to do it. I have stayed up until 3a.m. several nights trying to find advice, anything on representing myself in court - which I will have to do as I do not have funds for an attorney. I do not want him to win a judgement on me as I feel he is in violation of the F.D.C.P.A. for several things. If there is anyone out there that can help, please advise! I am desperate! This amount he is asking for is ridiculous and he can't prove it!
Amy
Buford, Georgia
U.S.A.
4 Updates & Rebuttals
HannaH8R
Georgia,USA
Info. vs. Hanna
#2Consumer Comment
Wed, April 06, 2011
The Georgia Supreme Court says Hanna is a "law firm," so you have to submit a bar complaint vs. them (and not a consumer complaint with the state OCA or federal FCC -- but fine if you do that too anyway). You may submit a bar complaint vs. Fred Hanna (the owner of the "firm") and any atty. that may have contacted you that also violated bar rules for atty.s:
(Call and ask for a bar complaint, and if they have them online):
State Bar of Georgia
www.gabar.org
104 Marietta St. NW, Suite 100
Atlanta, Georgia 30303
(404) 527-8700
(800) 334-6865
FAX: (404) 527-8717
***
See below for info. on where to look for sample do-not-call letters vs. Hanna, and how to fight Hanna lawsuits and WIN (feel free to post on here too for more info.):
Info. for fighting Hanna lawsuits:
http://www.beatdebtcollectors.com/
Hanna consumer complaints and blogs:
http://nextlevelunlimited.net/blog/fredrick-j-hanna-collection-debt-or-hanna-barbera-crook-or-cartoon/
http://www.ripoffreport.com/Search/Frederick-J_-Hanna.aspx
Submit a Georgia bar complaint vs. Fred Hanna and other Hanna attorneys:
http://gabar.org/contact_the_bar/
***
Sample do-not-call/ validation letter vs. Hanna:
Date: January 30, 2011
Frederick J. Hanna & Associates, P.C.
1427 Roswell Rd.
Marietta, GA 30062
Account number(s): (See Enclosed)
RE: Request for Validation of Debt, 15 U.S.C. 1692g
Dear Sir or Madam:
This is my formal notice that I am disputing this debt, and requesting immediate validation under Section 809 of the Fair Debt Collection Practices Act, 15 U.S.C. 1692g, of the debt from your office. I am requesting that your office immediately send me a copy of the following documents: (a) the name, address, and phone number of an employee of the original creditor that can validate the debt, (b) proof of who is the current legal owner of the debt, and that you represent the original creditor or debt buyer, and (c) the original signed note, contract, credit agreement, or instrument creating the debt.
I am disputing this debt for the following reasons: this debt has not been validated. I do not know whether your debt collection company is the legal owner of this debt or not, or if the amounts charged are valid.
This is also my formal notice under 15 U.S.C. 1692c, to you to cease all further communications with me, my family members, and my associates and all third parties, unless I give you express permission to do so. You have my express permission to mail me the requested validation documents to the address listed below, but I do not give you permission to contact me over the phone, or in any other way except as specifically addressed in this letter.
This letter is not meant in any way to be an acknowledgment that I owe this money.
Sincerely,
John Doe
P.O. Box 0000
Atlanta, GA 30300
J G Shrugged
Austin,Texas,
U.S.A.
Contact a local attorney.
#3Consumer Suggestion
Mon, July 28, 2008
I'm not sure what violations of the FDCPA they may have committed; it appears that you requested validation, and it seems that they sent you their version of validation within a reasonable period of time. Your options to contest the debt are going to be limited to the courthouse, so that's why you need to contact an attorney.
Steve
Bradenton,Florida,
U.S.A.
Amy, read all of the other posts here on ROR for the answer to your questions
#4Consumer Comment
Mon, July 28, 2008
Amy, Do a good search here on ROR for Fred Hanna and see the numerous reports, and also my posts with suggestions. I have dealt with this lowlife on 2 separate occasions. I beat them on both occasions. They got nothing. As far as your response goes, be sure to send it by certified mail, return reciept requested, and be sure to put the certified# on the letter itself, and keep a copy of the letter for your records. This procedure is VERY important as it proves exactly what you sent. And, DO NOT sign the letter as your signature could end up on a contract! Not uncommon for these lowlife. In this letter simply deny the claim altogether. Do not mention anything about any debt. This satisfies the requirements of a response to the summons. By the means above, send one to these bottomfeeders, and one to the court. Now, file a Bar Association complaint against Fred Hanna and any other "lawyers" involved. Go to FTC.gov and file a complaint. Go to BudHibbs.com to read all about Hanna and his band of thugs, and also to get an NACA lawyer referral. They specialize in debt collection matters. Now, if a court date actually comes, your defense will most likely be expired statute of limitations. Never speak to any bottomfeeder on the phone, and never make any payment or agreement to pay. This is very important. Make them spend the time and money to sue you, and make them jump through every hoop imaginable. Then, even if they win, they still lose, as the maximum garnishment amount they could get would be next to nothing. Then, as soon as they spend all of their time and money getting a judgement, just file BK, then they get nothing, and you get a fresh start. Have fun with these idiots, and then make them pay!
Steve
Bradenton,Florida,
U.S.A.
Amy, read all of the other posts here on ROR for the answer to your questions
#5Consumer Comment
Mon, July 28, 2008
Amy, Do a good search here on ROR for Fred Hanna and see the numerous reports, and also my posts with suggestions. I have dealt with this lowlife on 2 separate occasions. I beat them on both occasions. They got nothing. As far as your response goes, be sure to send it by certified mail, return reciept requested, and be sure to put the certified# on the letter itself, and keep a copy of the letter for your records. This procedure is VERY important as it proves exactly what you sent. And, DO NOT sign the letter as your signature could end up on a contract! Not uncommon for these lowlife. In this letter simply deny the claim altogether. Do not mention anything about any debt. This satisfies the requirements of a response to the summons. By the means above, send one to these bottomfeeders, and one to the court. Now, file a Bar Association complaint against Fred Hanna and any other "lawyers" involved. Go to FTC.gov and file a complaint. Go to BudHibbs.com to read all about Hanna and his band of thugs, and also to get an NACA lawyer referral. They specialize in debt collection matters. Now, if a court date actually comes, your defense will most likely be expired statute of limitations. Never speak to any bottomfeeder on the phone, and never make any payment or agreement to pay. This is very important. Make them spend the time and money to sue you, and make them jump through every hoop imaginable. Then, even if they win, they still lose, as the maximum garnishment amount they could get would be next to nothing. Then, as soon as they spend all of their time and money getting a judgement, just file BK, then they get nothing, and you get a fresh start. Have fun with these idiots, and then make them pay!
