How to Beat a Lawsuit or Garnishment filed by Frederick J. Hanna & Associates – Fight Back!

Over the years, I have successfully  represented hundreds, maybe even  thousands, of clients sued or garnished by the collection firm of Frederick J. Hanna & Associates.  I’ve managed to help these clients in a variety of ways, whether it’s defending the lawsuit, or erasing the judgment through bankruptcy.

If you’ve been sued by Frederick J. Hanna & Associates, I can help.   Here’s some practical advice:

1.  KNOW YOUR ENEMY.  Frederick J. Hanna & Associates is not a creditor.  They’re a debt collector.  Because they’re a debt collector, you are entitled to the protections afforded to you by Fair Debt Collection Practices Act (“FDCPA”).    The FDCPA protects you from unfair and unreasonable collection tactics.  If a representative from Frederick J. Hanna & Associates has violated any of the FDCPA provisions, we can help you fight back.  We will not hesitate to sue Frederick J. Hanna & Associates on your behalf, seeking monetary damages for FDCPA violations.  Call our office for your free case analysis, and we will tell you if you’ve got a valid claim.

Frederick J. Hanna & Associates was investigated by the State of Georgia Office of Conumer Affairs for unfair and deceptice practices, and possible violations of the FDCPA.

Frederick J. Hanna & Associates was recently busted by a consumer attorney for filing lawsuits against consumers that had falsified signatures.

Specifically, Frederick J. Hanna & Associates was in the news because of their falsified court filings one of their mass-lawsuit filing attorneys, Dennis Henry.  Apparently, it had been uncovered that several of the lawsuit complaints filed in Gwinnett county in late 2010 supposedly did not bear the signature of Dennis Henry, but a forgery possibly done from within Frederick J. Hanna & Associates.  Complaints filed within our court system are supposed to be actually signed by the attorney filing them, not someone else signing their name.  On top of that, they were notarized too.  Sounds a lot like the robosigning going on else where in the country.  If debt collection attorenys are too lazy to even use their own hand to sign complaints, what makes you think they will put effort into “validating” your debt, as they are required to do pursuant to the FDCPA?

You should know that Frederick J. Hanna & Associates or its client has likely purchased your debt from the original creditor or another collector.  When purchasing debt, the buyer does not pay anywhere near 100% of the value of the note.  For example, if you owe $10,000 to the original creditor, it’s likely that Frederick J. Hanna & Associates or its client purchased the receivable for pennies on the dollar – maybe for as low as 15%, (or $1,500, in our example).  That means that you may be able to settle the matter for pennies on the dollar.  If Frederick J. Hanna & Associates bought the receivable for $1,500, they may settle for $3,000.  This is a “win-win” settlement.  You’ve just settled your debt for only 30% of your balance, and Frederick J. Hanna & Associates or its client has doubled their investment.

2.  BEWARE OF SETTLEMENT WITHOUT AN ATTORNEY REPRESENTING YOU.  The golden rule with regard to debt settlements is “get it in writing!”   You should always have your own attorney review any proposed consent judgment or settlement agreement.   Mr. Hanna’s office doesn’t represent you, so you should be skeptical about any proposed settlement offers.  The settlement should state that your credit will reflect that the account is settled and paid in full when the settlement amount is paid.

3.  KNOW YOUR OPTIONS.  When you’re sued, you have a number of options.

First of all, explore any possible defenses to the lawsuit.  For example, it’s possible that the lawsuit was filed after expiration of the applicable statute of limitations.  If so, an Answer can be filed raising the defense, and the case can be thrown-out by virtue of a Motion to Dismiss or a Motion for Summary Judgment

If the lawsuit was filed to recover a post-repossession deficiency on a repossessed vehicle, you may have several technical defenses based upon Georgia’s adaptation of the Uniform Commercial Code.  Did you receive a certified letter notifying you of your 10-day right of redemption?  Does the size of the deficiency imply that the vehicle wasn’t sold in a commercially reasonable manner?  These are defenses that we can explore.

4.  BANKRUPTCY AUTOMATICALLY STOPS LAWSUITS AND GARNISHMENTS.  Anoter option is a chapter 7 or chapter 13 bankruptcy.  Our office can file a bankruptcy for as little as $344 down.  The mere filing of the bankruptcy will stop all collection activity, including the lawsuit or garnishment.   We do all the work.  Typically, you keep your assets, and you pay absolutely nothing to Mr. Hanna and Associates.  A chapter 7 or chapter 13 bankruptcy is designed to give you a fresh financial start.

The worst thing you can do is “nothing.”  That’s what Hanna is hoping will happen – if you do nothing, they’ll get a default judgment and garnish your paycheck and put a lien on your property.  Fight back.   If you’re looking for an aggressive advocate with experience; an attorney who enjoys fighting  Frederick J. Hanna & Associates, give me a call, or send me an e-mail.

Brian R. Cahn | brc@perrottalaw.com | 770-382-8900

Perrotta, Cahn & Prieto, P.C. | www.northgabankruptcy.com

Atlanta | Dallas | Cartersville | Calhoun | Cartersville

Advertisements

Posted on October 17, 2011, in Bankruptcy and tagged , , , , , , , , , , , , , , , , , , , , , , , , , . Bookmark the permalink. 5 Comments.

  1. Hi,

    My name is Tim, I wish I would have found this site sooner I have been paying on two accounts with this collector and all went fine until today. I went to use my bank card and a both my savings and my checking were frozen. The reason was I had not made a payment on my account in two months, But here is the kicker to my story 3 months ago I was laid off and I contacted Frederick J. Hanna Miss Clark and notified them of my situation and she imformed me that she will make record of it and to call them when I am back to work and I also followed up with a letter to them. Here we are 3 months later and I made a payment two weeks ago and they have frozen my accounts due to me being to payments behind. When I contacted them the Gentelman I spoke was nice but as he look into my claim about what was going on he got more distant and said to me I will have to contact one of the attorneys to see what we can do 5 hours later no response… Any ideas on what I should do.

  2. Hi,

    My name is Tim, I wish I would have found this site sooner I have been paying on two accounts with this collector and all went fine until today. I went to use my bank card and a both my savings and my checking were frozen. The reason was I had not made a payment on my account in two months, But here is the kicker to my story 3 months ago I was laid off and I contacted Frederick J. Hanna Miss Clark and notified them of my situation and she imformed me that she will make record of it and to call them when I am back to work and I also followed up with a letter to them. Here we are 3 months later and I made a payment two weeks ago and they have frozen my accounts due to me being to payments behind. When I contacted them the Gentelman I spoke was nice but as he looked into my claim about what was going on he got more distant and said to me I will have to contact one of the attorneys to see what we can do 5 hours later no response… Any ideas on what I should do.

  3. I believe they can legally only garnish your acct 25% of your disposable income. Freezing accts I believe is illegal in GA.

  4. Thanks for finally talking about >How to Beat a Lawsuit
    or Garnishment filed by Frederick J. Hanna & Associates – Fight Back!
    | North Georgia Bankruptcy <Liked it!

  5. Fully aware of these guys. I’ve dealt with Hanna in 2 separate debt lawsuits filed against me, which I represented myself in (and won). Oh…they have all sorts of tricks they like to pull out! If you’re having trouble with them, check out my website: http://www.howtobeatdebtlawsuit.com.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: