Complaint Review: Frederick J Hanna & ASSOciates

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

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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/

Lets start with the bad news TJ. You mistakenly acknowledged the debt by negotiating with them over the phone. So at this point, the firm can sue you. From what I have researched, Hanna sues the bejesus out of debtors regardless of the strength of their case. Why? Because they know about 90% of debtors ignore the court summons and it gives Hanna an easy default judgment.

The good news is you can use affirmative defenses in your answer to a summons to force Hanna to prove their case. You need to include these AD's in your answer. List AD's immediately after your answers to their numbered paragraphs in the complaint.I'm not an attorney but I have forced 2 junk debt buyers and one original creditor to withdraw their suits against me because I make it expensive as hell for them to prove their case and they walk away. I'm giving you free advice that has worked for me, it's not legal so use at your own peril.

1) How to answer the summons (numbered paragraphs in complaint)
a) Answer summons by admitting to your name and address only.
b) Deny the amount of the debt (This leads to your affirmative defense)
c) For all other paragraphs in hanna's complaint/summons, answer "Defendant lacks knowledge to admit or deny, therefore demands proof."

Even though you acknowledged the debt in verbal communication, they still have to prove it. It's your right to put them on a long paper trail proving their claim even if you know you owe the amount they claim.

2) Affirmative defenses

As for a First defense

" Plaintiff failed to state a claim upon which relief can be granted. Plaintiff's complaint and each cause of ation therein fails to state facts sufficient to constitute a cause of action against the Defendant for which relief can be granted."

Explanation: if you don't use this as a first affirmative defense, you waive your ability to ask the judge to dismiss your case.

As for a Second defense

"Defendant alleges that the granting of the Plaintiff's demand in the complaint would result in Unjust Enrichment as the plaintiff would receive more money than the Plaintiff is entitled to receive."

Pretty self explanatory. Make Hanna prove how they came to the amount in their lawsuit. Serve discovery on them in a seperate form to mail CMRRR to Hanna in addition to your answer filed with the court and send to Hanna.Discovery includes demanding Production of Documents along with interrogatories and Requests for admissions for the Plaintiff. Google these terms as there is ample info online to assist you with formatting a well worded discovery demand. Your discovery is contingent on your jurisdictions rules of civil procedure (# of demands you can ask for, etc.). Put them on a long fishing expedition getting all documents,notes,billing statements,etc. not held under the Attorney Client Relationship from inception of debt to present.

As for a third defense

"Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date."

Always include this. this makes Hanna know you may have more in your arsenal and you reserve the right at anytime to add additional defenses and yes, counterclaims. Just the fear of an unknown potential counterclaim on your part as an AD may make them back off and drop your case knowing they may spend more money trying to sue you than you actually owe the plaintiff.

There's by the way over 20 affirmative defenses that I know of. There is likely more that may apply to your case. However, the 3 I provided are always relevant in any creditor lawsuit regardless.Don't include AD's you truly don't understand the meaning behind either. Educate yourself now so you know how to fight back if and when you receive a summons.I can't promise you will win your case. However, it's a whole lot better than doing nothing and letting them get a default judgment by ignoring their summons/complaint.Good luck.