• Report: #958960

Complaint Review: Frederick J. Hanna & Associates, PC

  • Submitted: Tue, October 23, 2012
  • Updated: Tue, October 30, 2012

  • Reported By: Michael — Norcross Georgia United States of America
Frederick J. Hanna & Associates, PC
1427 roswell rd marietta, Georgia United States of America

Frederick J. Hanna & Associates, PC NO NOTICE or communication of Garnishment Given, LIED About Attempting to Contact to Avoid Garnishment, 100% of Bank Account Balance TAKEN marietta, Georgia

*Consumer Comment: Info. vs. Hanna

*Author of original report: Agree to Disagree

*Consumer Comment: Did You Read the Judgement?

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Hi.  I am writing this report so that I may share my experience with the world.  I had started out with a $300 credit limit given to me by Capital One.   Upon loosing my job and having $0 in monthly income my account was transferred to Frederick J. Hanna & Associates, P.C. for collection.  Without any communication from the firm I received a subpoena to show up for a court date where Capital One was suing for $300 plus fees and interest.  The amount of the suit was $1742.52.  Kind of ridiculous considering this was a $300 credit limit to begin with.  However, we negotiated the amount owed down to $1000 even that was to be paid in 10 installments of $100 each.  After making the first couple of payments I was laid off and once again had $0 in income. 

This when things took a turn for the worse.  At this point the original credit limit had been paid.  Upon finding out that I was laid off I placed several phone calls to the firm.  Everytime I would call a female would answer the phone speaking very rudely and would immediately transfer you to a voicemail.  I must have left at least 4 voicemail messages and called at least 6 times in an effort to make them aware that I had been laid off and needed to explore other options.  EVERY message went unreturned.  I was ignored.  I did not receive a single phone call from the firm, nor did I receive a single letter from the firm.  Then I randomly went to my online banking and was surprised to see that $900.03 was on hold.  I had no idea why.  This was 100% of my account balance and ALL the money I had to my name.  I reached out to the firm to discuss options and was once again redirected to a voicemail.  Finally, I reached out to Capital One.  The supervisor in the account recovery department was more than helpful and expressed concern with how the situation was being handled. 

At that point, the Capital One Representative attempted a three way call with the firm and was transferred three different times to voicemails.  After expressing to the firm's operator that she was with Capital One Recovery and that she did not need to be transferred again and needed to speak with someone immediately regarding this issue they finally placed someone on the phone.  The firm's representative insisted that I, the consumer, be removed from the conversation and then they could speak to one another.  The Capital One Supervisor called me back and told me they would call me sometime today (10/23/12) to discuss options.  She also stated that the firm claimed to have called me prior to placing the garnishment, but was unable to reach me and that they did not leave a message because I did not have voicemail.  Of course this was a lie.  I have had the same cell number for over 10 years with voicemail.  Furthermore, to confirm thier lie, the Capital One Supervisor called me back and left thier contact information on my voicemail.

The firm called me back and offered no options.  Instead they expressed that it was my problem and my responsibility to contact them.  Of course, they would not acknowledge any responsibility on thier behalf for returning phone calls and addressing concerns for thier clients.  The firm's representative basically said it was my problem and that they would not only keep the $900 they took, but would also take an additional $900, bringing the new amount to $1800.  

This firm without a doubt a unethical practices.  They should have returned my calls.  They should have supplied me with a notice of garnishment and they should not have taken 100% of my money.  They could have at least left me with enough money to pay for gas to get and forth to work and enough money to pay for food for myself and my daughter.

My advise to anyone that is having financial difficulties would be to do whatever it takes to avoid Frederick J. Hanna & Associates,P.C. They will lie, cheat and steal and do it all within a grey area of our judicial system.  They won't even leave you enough money to feed yourself and your child.

My goal here is to let the world know about my experience and I sincerely hope that no one has to go through what I have.

Sincerely,

MTS 


This report was posted on Ripoff Report on 10/23/2012 02:47 PM and is a permanent record located here: http://www.ripoffreport.com/r/Frederick-J-Hanna-Associates-PC/marietta-Georgia-30062/Frederick-J-Hanna-Associates-PC-NO-NOTICE-or-communication-of-Garnishment-Given-LIED-958960. 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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REBUTTALS & REPLIES:
1Author 2Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Info. vs. Hanna

AUTHOR: HannaH8R - (USA)

MTS,

Beware of paying Hanna anything.  It is highly likely that you will not get any credit for your payments on your credit report from them.  They also may not release the lien or judgment even if you pay them in full.  See below.  Rip Off Report is full of complaints like yours where they have done unauthorized drafts out of checking accounts. 

It is also doubtful whether they were being honest about who owns the debt.  You can have a look at your credit report to see if Cap1 did a charge off.  If so, then Cap1 may not own it anymore, and if so that would mean Hanna is not being honest with you if they claim that Cap1 does own it and that they "represent" them.  You may have to file bankruptcy to get rid of Hanna if there is a judgment.   

***

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 FTC -- 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/

http://nextlevelunlimited.net/blog/fredrick-j-hanna-collection-debt-or-hanna-barbera-crook-or-cartoon/

http://www.ripoffreport.com/Search/Body/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:  April 4, 2012

Frederick J. Hanna & Associates, P.C.
Debt Collectors
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
Marietta, GA  30062

***
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#2 Author of original report

Agree to Disagree

AUTHOR: MTS - (United States of America)

I would disagree with your statement.  This is not a simple of case of "choosing not to pay bills."  If an individual becomes unemployed and has $0 in income, then considerations need to made, especially with regards to the current state of our economy.  The law firm works for Capital One and offers client services.  Part of these services should include answering the phone and returning phone calls within a timely manner.  Also, when the firm states that "they called and there was no voice mail setup so they could not leave a message," but Capital One, the creditor, can leave a message then it is obvious that the firm has unethical practices and is lying about what services they are/are not providing.  This method is being practiced because there is no paper trail to hold the firm accountable.  Furthermore, garnishment is right given to the firm/creditor, but its enforcement is a choice.  Thus, if a firm chooses to ignore incoming phone calls and messages, lies about attempted communications, then immediately moves forward with garnishment it is obvious that they are simply trying to take advantage of the situation to obtain financial gain.  There is a clear difference in doing the right thing versus the wrong thing.  If you Google the firm's name you will find report after report.  There are reasons why these reports exist and it is not because people do not like to have their money taken.  It is because of how this firm handles client services.  Capital One's Recovery department expressed concern over how this situation is being handled.  You can be ethical, provide excellent customer service and still get all your money, but only if you choose to be that kind of company.

And by the way, anyone who volunteers the statement "I do not work for the firm" probably works for the firm or has ties to the firm.  It is a natural response commonly used by individuals trying to escape a bias point of view.  Stick to the facts.  Garnishment is a great resource when all other avenues have been attempted.  Unfortunately, no avenue can be attempted without communication. 

Capital One needs to give serious thought as to how they want to be represented.  Is this truly the type of company they want their clients to have to deal with.  The true irony here is if Frederick Hanna & Associates had simply called me back we could have negotiated a temporary suspension of payments for three months and they could have received a lump sum payment for the negotiated balance.  They would have received their money sooner.  But instead they wanted to act like "legal crooks". 

Capital One receives/received assistance through the government.  Which indicates they acknowledge the issues we are dealing with as a country.  They need to consider how this reflects on them as a company to allow a firm like Frederick Hanna & Associates to take advantage of tax payers that are ultimately floating the bill for big bank bailouts. 

Once again, this is about doing the right thing, the ethical thing, and maintaining professionalism.  Not about doing what you can get away with.  Which is actually debatable anyways, the more this firm continues these sorts of practices the less they will be utilized due to public image.

Goodnight.
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#3 Consumer Comment

Did You Read the Judgement?

AUTHOR: Jim - (USA)

You went to court because they sued you.  You lost in court and they obtained a judgement against you.  In many jurisdictions that judgement also authorizes garnishment without the need for additional action by the plaintiff.  You got to this situation because you failed to place importance on paying your bills.  They extended a helping hand to you by agreeing to lower damages and even offered a repayment plan.  Again you failed to pay your bills.  They exercised their rights under the law.

No, I don't work for them.
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