• Report: #450002

Complaint Review: Collection Attorney - Frederick J. Hanna & Associates

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  • Submitted: Fri, May 08, 2009
  • Updated: Sun, February 20, 2011

  • Reported By:hyattsville Maryland
Collection Attorney - Frederick J. Hanna & Associates
Frederick J. Hanna & Associates, PC. Marietta, Georgia U.S.A.

Collection Attorney - Frederick J. Hanna & Associates Law Office Of Frederick J. Hanna & Associates Fred Hanna & Associates is after me please someone or anyone help me. Marietta Georgia

*Consumer Comment: Info. vs. Hanna

*Consumer Comment: Even if its a law firm, its still a collection agency

*Consumer Comment: How did it go?

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Please someone or anyone kindly help me.

I reside in the state of Maryland

I have an incorporated company of which I am the CEO of and a credit card was issued to the company on behalf of my name. (This makes me a guarantor I believe) The card has about $8k on it and I have not make any payment going to year now. The banks has called and sent several letters but all of which I ignored and now they have sold the debt to some kind of law firm. The law firm is now calling me but I am yet to talk them, they left me two messages now.

Finally I got the courage to call the law firm back few hours ago and I demand a validation of the loan, but the lawyer (He claimed he is a lawyer) I spoke to tried to get me to make either payment plan or settlement right on the phone but I insist in getting a letter of validation from their law firm to confirm the debt and to make sure the numbers does match and most importantly that they have the right to collect the debts on behalf of bank of America. The lawyer told me that this is a law firm and not a debt collector and if I do not agree to settlement or payment plan over the phone they will have no choice but to go ahead with the law suit.
I told him, I will have to call him back and he said if I do not call back before their closing hours today (5-7-09), they will proceed with the law suit.

First of all, I am not denying this debt however I do not have money to pay it all back so I know my best bet is settlement with a good payment plan, but I would love to get the best settlement and payment plan there possible.

I just wanted to make sure that I get the best possible deal i can get in term of the settlement because I do not the full money. I have called BOA today (5-8-09) and they did confirmed that the debt has been sold to Frederick J. Hanna & Associates, PC. 2008 1427 Roswell Road, Marietta GA 30062 (770) 988-9055 | (770) 980-0528 (800) 555-1212

So I called the office back today and the person in charge of my debt told me that since I did not call him back yesterday that I have lost my right to barging and the the debt has been processed to go into lawsuit on Monday. I told him that I had a talked with my uncle who had agreed to give me a grand for the settlement for next week Friday.

He said well the only deal he can offer me now is for me to pay 3k and some change but I must commit to some kind of payment now and if not the lawsuit will continue as planned. He said I must write a post dated check for Friday and agree to $250 per month for the remaining balance but I insist that I cannot come up with $250/month and he said what about $200, I said no and he said $175 and I still say no and he said well he cannot go lower than that and is my choice because they are going along with the lawsuit and they will sue me for the full amount including the lawyer and court fees.

I told him that even with that I still cannot come up with $175/month and so finally he asked me how much can I afford and I said $50/month and he said ok, so I ask him if he can put that in writing so I can have a written evidence and he said no and we were going back and forth for a while and he asked if I would like to speak to his supervisor and I said yes. So the supervisor came up on the phone and said she will settle for $2k if I paid $1k by Friday and the $500 the following month and then the remaining $500 the next following month and I agreed but I still insist that I want it in writing so I told them that I will call then back to give them a fax number to fax the letter.

When I read some posts here I started to wonder if these people are real, Would a real legitimate lawyer be asking for payment or settlement over the phone that they are probably acting as a collecting agent .

Now I know for a fact the debt has given to this company by BOA but I am not sure if they are really a law firm or a collector or collector law firm, and here are my concerns and questions:

Am I getting the best possible deal or should I press further? Must I continue to ask them to at least have our agreement in writing because I do not completely trust the company, and if I send them a registered mail asking for validity of the debt would they still be willing to make deal with me or would this piss them off and go all out for all the money? Most importantly, how do I get these people off my back and without paying them a dime and no judgment against me?
Please advise accordingly.

Ayakata
hyattsville, Maryland
U.S.A.

This report was posted on Ripoff Report on 05/08/2009 01:01 PM and is a permanent record located here: http://www.ripoffreport.com/r/Collection-Attorney-Frederick-J-Hanna-Associates/Marietta-Georgia-30062/Collection-Attorney-Frederick-J-Hanna-Associates-Law-Office-Of-Frederick-J-Hanna-A-450002. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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#1 Consumer Comment

Info. vs. Hanna

AUTHOR: HannaH8R - (USA)

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/
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#2 Consumer Comment

Even if its a law firm, its still a collection agency

AUTHOR: Tim - (U.S.A.)

I believe this IS a law firm. This does not mean, and in fact it is very unlikely, that the person you speak with on the phone is an attorney. They probably have a handful, at most attorneys in the office, and an army of collection agents.

The OP stated "I know my best bet is settlement with a good payment plan."

This is NOT necessarily correct. Your BEST bet is to arrive at a settlement, reduced to writing, expressly stating that it neither constitutes an admission as to your liability on the debt nor does it "re-age" the debt.

As regards another remark by the OP: he stated that the firm said that they were a "law firm," not a "collection agency," so they didn't have to follow the debt validation procedures outlined in the FDCPA.

This is NOT true. The FDCPA doesn't give a shit about whether you call yourself a law firm, a collection agency, or what have you. If you are not the original creditor, you are under the jurisdiction of the FDCPA and are required to follow the laws contained therein.

On another note, just in case this is what happened, it is a violation of the FDCPA for a third party collector to threaten a lawsuit, or state that a lawsuit is in the works, if they do not actually and currently intend to file a legal claim against you.

My closing general advice: with the exception of a statement to follow, NEVER enter into payment arrangements with collection agencies. I can not stress this enough. It is NEVER in your best interest. Once they start pushing the payment arrangement angle, hang up the phone.

However, here is a little trick: let's say you have an outstanding debt for $800. You have $500 available. It IS in your best interest to contact the collection agency and see if they will settle the account for such an immediate payment.

Best regards!

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#3 Consumer Comment

How did it go?

AUTHOR: anachancesare - (USA)

Hello

You seemed very upset when you wrote this in May 09, I am going through a similar situation with them, I just posted my ripoff report under ANA. Anyway, I hope everything is working out, and hopefully my report can help you a little bit, or if you have something that you could suggest from what you learned, please let me know. Thank you...ANA

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