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Law Offices of Frederick Hanna & Associates, P.C. / Unlawful Debt Collection

1 1427 Roswell RoadMarrietta, GA, United States Review updated:
Contact information:

I opened an account with Bank of America in August 2004 and had an excellent pay record until July 2007 when I filed a fraud/dispute claim with Bank of America regarding invalid credit card charges on my account. BOA never responded to my disputes about this balance and they charged off my account in November 2007. Frederick J. Hanna & Associates purchased this debt in May 2008, as part of a bulk list, and the first correspondence I received from Frederick J. Hanna regarding this debt was when a deputy Sheriff served a summons for judgment. Within two days I requested validation of this debt, via certified mail, and continued to do so on three different occasions. As of today, the debt has still never been validated. I was told by a person who was supposedly "an attorney" for Frederick Hanna (he would not give me his name) that I MUST make payments while the debt was being investigated or otherwise they would immediately garnish up to 28% of my income. I began making payments of $50 per month, and continued for six consecutive months while they were supposedly "investigating and validating the debt". The debt was never validated and the next response I received from them was a letter stating they could no longer accept payments and I had to pay the total balance of almost $15, 000 within thirty days. I immediately called and spoke with Mary Hollis and she told me I had to pay the total or they would seize my accounts and assets in order to settle the debt. I brought to her attention that this account was NOT valid and the debt was NOT mine and was a result of fraudulent charges on my Bank of America credit card which was charged off in November 2007. She said "validation was irrelevant and my only means of resolving this was to pay it in full". A garnishment was entered against me and my bank account was seized. I filed a traverse and the garnishment was dismissed in Dekalb County, Georgia, but the following week my account was garnished again by Frederick Hanna & Associates. Still, to this date, the debt has never been validated and collector refuses to discuss account with me, they just hang up on me; my written requests never receive a response. Prior to this issue I had EXCELLENT credit, not even a late payment on my credit report, but now this judgment/public record is severely damaging my credit score and making it impossible to purchase a home, vehicle, or anything else I should need, as well as obtaining employment. I would gladly pay this debt if it were legitimate, but this is not a valid debt, yet this third party debt collector is ruining my life, damaging my reputation and credibility, and I have found no avenue to resolve. Frederick Hanna & Associates claim that I entered a consent judgment with them, but I have no recollection of any such agreement with them. The only thing I agreed to, via letter (not consent judgment) was to make $50 per month payments while they investigated and resolved my dispute to this debt. This collection agency continues to apply interest and legal fees to this invalid account and pursue me for this debt that we have no agreement/contract for. It is devastating to have my excellent credit history, which I have worked so hard to build, destroyed by a junk debt collector who knows they are wrong and knows the debt is not legitimate, yet they are so money hungry that they stop at nothing to collect this debt from someone they think will pay it to keep from being ruined.

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Comments

  • Br
      7th of Mar, 2010
    0 Votes

    Have you been able to find local help vs. Hanna yet?

    --Brett

  • Ni
      9th of Mar, 2010
    0 Votes

    S. Hallford wrote: Frederick J. Hanna & Associates purchased this debt in May 2008, as part of a bulk list, and the first correspondence I received from Frederick J. Hanna regarding this debt was when a deputy Sheriff served a summons for judgment.


    This does not sound right, since there debt collectors must notify the defendants of the alleged debt, and allow the defendant 30 days to deny or dispute in written form. But if it's true, then the proper route would have been to respond to the summons. And have made sure to show up in court.


    S. Hallford writes: Within two days I requested validation of this debt, via certified mail, and continued to do so on three different occasions. As of today, the debt has still never been validated. I was told by a person who was supposedly "an attorney" for Frederick Hanna (he would not give me his name) that I MUST make payments while the debt was being investigated or otherwise they would immediately garnish up to 28% of my income.


    None of this is computing. For anything to occur like the above, there would have had to have been a judgment against you in court. Was there? Did you show up in court? If not, then there was a default judgment.


    S. Hallford wrote: I began making payments of $50 per month, and continued for six consecutive months while they were supposedly "investigating and validating the debt". The debt was never validated and the next response I received from them was a letter stating they could no longer accept payments and I had to pay the total balance of almost $15, 000 within thirty days. I immediately called and spoke with Mary Hollis and she told me I had to pay the total or they would seize my accounts and assets in order to settle the debt.


    Again, quite confusing. Nothing could be seized unless there was a judgment, and unless there was a writ of execution hearing. The court hearing would have been to determine what assets were available for Hanna to seize. Then it would have been up to Hanna. The court does not inforce assest distributions. For example, it would be up to Hanna to retrieve your car, not the court.


    S. Hallford wrote: I brought to her attention that this account was NOT valid and the debt was NOT mine and was a result of fraudulent charges on my Bank of America credit card which was charged off in November 2007. She said "validation was irrelevant and my only means of resolving this was to pay it in full". A garnishment was entered against me and my bank account was seized.

    If this happened, then there was a court hearing and judgment. Again, did you show up at the hearing? If you had, then you could have demanded the validation of the debt, then and there. Most likely, Hanna couldn't have validated it. Had you prepared with the proper discovery questions, the odds are that Hanna would have dropped their efforts, since that would mean providing live witnesses to attest to the validity of the debt. Very costly in both time and money for them. They, most likely, would have backed off.


    S. Hallford wrote: Frederick Hanna & Associates claim that I entered a consent judgment with them, but I have no recollection of any such agreement with them.

    If you didn't show up in court, the consent was automatic since the judgment went against you. They alleged and you weren't there to deny, or to demand their proofs.

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