• Report: #193315

Complaint Review: Frederick J. Hanna & Associates

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  • Submitted: Thu, May 25, 2006
  • Updated: Thu, March 24, 2011

  • Reported By:Fountain Inn South Carolina
Frederick J. Hanna & Associates
1655 Enterprise Way Marietta, Georgia U.S.A.

Frederick J. Hanna & Associates Ripoff Unfair illegal collection pratices Marietta, Georgia

*Consumer Comment: Info. vs. Hanna

*Consumer Comment: Garnishments in South Carolina

*Consumer Suggestion: Kevin, the answers to your questions

*Author of original report: More information

*Consumer Suggestion: Kevin, Here's what you do..

*Consumer Suggestion: Kevin, Here's what you do..

*Consumer Suggestion: Kevin, Here's what you do..

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I discovered yesterday that Mr. Hanna's law firm cleaned out my savings and checking accounts by garnishment. I was never notified by Hanna's firm that this was going to happen.

I never even received any court order or explanation of further collection intentions. This sounds to me to be, at the very least, unethical, and I suspect illegal. I am not even sure what the statute of limitations in my state is (SC.)

Their action has left me, my wife, and our three children without any funds to run our household. Devastation! How can these people sleep at night? I have no clue what I need to do at this point.

Kevin
Fountain Inn, South Carolina
U.S.A.

This report was posted on Ripoff Report on 05/25/2006 04:12 PM and is a permanent record located here: http://www.ripoffreport.com/r/Frederick-J-Hanna-Associates/Marietta-Georgia-30067/Frederick-J-Hanna-Associates-Ripoff-Unfair-illegal-collection-pratices-Marietta-Georgi-193315. 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/

***

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
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#2 Consumer Comment

Garnishments in South Carolina

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

Kevin, In South Carolina the statutes prevent wage garnishment. However, personal property (which a bank account is considered) can be garnished with a judgement:

"The judge may order any property of the judgment debtor, not exempt from execution, in the hands either of himself or any other person or due to the judgment debtor, to be applied toward the satisfaction of the judgment, except that the earnings of the debtor for his personal services cannot be so applied. "

There must be a judgement filed in your county in most states. It depends on the statutes, but many states will recognize the judgement of another court under full faith and credit policies. Check with your bank, they have to keep a copy of the garnishment and should provide you with one. On the document will be the county and case number under which the judgement was filed so you can get a copy of the full judgement.

Steve is correct, most bottom feeding collection agencies will send notice of court hearings to your "last known address", fictitiously using an old or invalid address so they can claim good service. If you have resided at your current address for a long period of time you can beat this. File to have the judgement vacated due to lack of good service, the odds are in your favor.

The bank does not have to notify you of garnishments received. They simply immediately freeze money in your accounts, deduct a small fee, and turn the money over to the sheriff executing the garnishment. In turn the sheriff may deduct a fee and then after a holding period releases the money to the creditor.


Fight this, don't let these scumbags walk away scott free.
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#3 Consumer Suggestion

Kevin, the answers to your questions

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

Kevin,

First, contact your bank. They MUST provide you with a copy of whatever order authorized the siezure of your money. GO IN PERSON, and speak only with the BANK MANAGER.

The court in the county where you reside is where it is required to be filed, just like a lawsuit.

It suprises me they called it a garnishment. I guess it could be. Thats why I am curious for you to actually get a copy of it.

CLOSE those accounts IMMEDIATELY, and go to a DIFFERENT bank. This is very important, especially if there is still an amount owed.

Those payments you made up to 2004 validated the debt. Fred got a summary judgement against you.

State Bar of Georgia
104 Marietta St. NW; Suite 100
Atlanta, GA. 30303
Tel: 800-334-6865 or 404-527-8700
Fax: 404-527-8717

You may want to get a lawyer [ Go to the NACA ] to be sure Freddie followed the letter of the law in getting your money. otherwise, you can get it back.

Your bank is also liable if the order is not valid.

Let me know!
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#4 Author of original report

More information

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

Steve, thanks for your helpful response. I have more information for you, along with a question.

As far as other collections activity, I made the mistake in 2003 of making a payment arrangemt with Freddie and his band of thugs. I agreed to pay them $94/month, which I suppose validated the debt. After reading the comments of several other of his victims, I simply stopped sending payments to him. That happened in 2004. All of a sudden on May 24, 2006, he confiscated the money from my bank accounts. I presume he got my banking info from the checks I sent him.

By the way, the terminology used by the bank and by Fred's henchwoman, was "garnishment." My question is two-fold. First, how do I file a complaint to the Bar Assn.? Also, how do I obtain the court documents? I'm not sure which court to even contact. I have contacted an attorney that was recommended by a well-known consumer advocate (I contacted via email tonight.)

Thanks again.

Kevin
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#5 Consumer Suggestion

Kevin, Here's what you do..

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

Kevin,

I have dealt with Freddie and his gang of thugs.

I filed a Bar Association complaint on him, and I suggest you do the same.

Other than that, you will need a lawyer. What they had was simply a judgement, not a garnishment. A garnishment goes to your employer to take your pay directly from your paycheck.

How did he get your banking information? You had to give it to him at some point. He had to know what bank to go to.

We need more details on any prior collections activity. It sounds like you in some way validated the debt and he went for a summary judgement.

There is too much missing information here, but I suggest you contact the court and dispute the garnishment and also request to see all filings. Fred Hanna and collectors like him are famous for filing false affidavits and engaging in perjury to get judgements.

He probably knowingly served an old address of yours to get the default. This is a popular trick among bottomfeeders.

Get that lawyer today, even if it is through public assistance.
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#6 Consumer Suggestion

Kevin, Here's what you do..

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

Kevin,

I have dealt with Freddie and his gang of thugs.

I filed a Bar Association complaint on him, and I suggest you do the same.

Other than that, you will need a lawyer. What they had was simply a judgement, not a garnishment. A garnishment goes to your employer to take your pay directly from your paycheck.

How did he get your banking information? You had to give it to him at some point. He had to know what bank to go to.

We need more details on any prior collections activity. It sounds like you in some way validated the debt and he went for a summary judgement.

There is too much missing information here, but I suggest you contact the court and dispute the garnishment and also request to see all filings. Fred Hanna and collectors like him are famous for filing false affidavits and engaging in perjury to get judgements.

He probably knowingly served an old address of yours to get the default. This is a popular trick among bottomfeeders.

Get that lawyer today, even if it is through public assistance.
Respond to this report!
What's this?

#7 Consumer Suggestion

Kevin, Here's what you do..

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

Kevin,

I have dealt with Freddie and his gang of thugs.

I filed a Bar Association complaint on him, and I suggest you do the same.

Other than that, you will need a lawyer. What they had was simply a judgement, not a garnishment. A garnishment goes to your employer to take your pay directly from your paycheck.

How did he get your banking information? You had to give it to him at some point. He had to know what bank to go to.

We need more details on any prior collections activity. It sounds like you in some way validated the debt and he went for a summary judgement.

There is too much missing information here, but I suggest you contact the court and dispute the garnishment and also request to see all filings. Fred Hanna and collectors like him are famous for filing false affidavits and engaging in perjury to get judgements.

He probably knowingly served an old address of yours to get the default. This is a popular trick among bottomfeeders.

Get that lawyer today, even if it is through public assistance.
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