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hannah last won the day on August 9 2006

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About hannah

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  1. simplyred, Cap1 may very well have sold your account to Hanna and then again maybe not. Cap1 said they no longer had your file which means they either sold it or they farmed it out to Hanna for collection and/or litigation. You need to know which before you go alleging fraud. Call Cap1 back and point blank as them if your account was sold. If your current credit report does not reflect a -0- balance, then chances are they still own it. Cap1 rarely sells accounts. Fred J Hanna is a collection agency as well as a debt buyer and law office and could be acting in any of those capacities. If Hanna
  2. simplyred, no where in your posts have you stated that a jdb is suing you simply that a law firm filed for Cap 1. You cannot state fraud if none exists. Please clarify if this is the case. To answer your question: "Generally, defenses such as statute of limitation or laches must be affirmatively raised by written answer, but where facts as to such an issue are uncontradicted, it may be disposed of by summary judgment, motion to dismiss, or motion for judgment on the pleadings." Beazley v. Williams, 231 Ga. 137, 200 S.E.2d 751 (1973). Please be aware that GA considers credit cards to be writte
  3. You could but they will probably direct you to MB if indeed they hired them to prosecute this.
  4. No, not necessarily...on one hand you have: This would mean that since the Cap 1 contracted specifically states VA and federal law, it would be treated as a foreign contract. However, then you have: Comity, in law, refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations (or other jurisdictions within the same nation), particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. The term refers to the idea that courts should not act in a way that demeans the jurisdiction, laws, or judicial decis
  5. If it were me and I could afford it, I would write (sent CMRRR) to MB saying that you would settle at 40% (or whatever percentage you feel appropriate). Be sure to state that this offer in settlement is contingent on it being the final settlement of the alleged debt and in no way is an acknowledgment of you owing it. State that this offer dictates that they do not report a further balance due on the tradeline and do not resell the deficiency balance. They will probably counter but will (and have) in all likelihood settle at 50%. At the same time, send rejection of arb letter and start preparin
  6. Your debt is out of statute for suit and in a few years will age off your cr. That said, they can still attempt to collect as Colorado is not a state of repose. If you want to make a deal with AFNI that you will pay in order to have the trade line removed, then make sure it's in writing before sending them any money. Frankly, it costs them to report and this is a small amount. Have you even attempted to dispute it off your cr?
  7. What is the date of last activity on the account? When was the last time you made a payment that brought the account current? If it has been more than 3 years and if Georgia has a borrowing statute, you just may be able to claim SOL. Do get current reports. If you order them today, you should get them within a week. As you are unemployed you should be able to get them for free.
  8. Verizon is a telecommunications company and as such is regulated federally. Under 47 USCS § 415, the statute of limitations is 2 years. These types of accounts can also fall under written contract law depending on what the charges in issue are for. I asked my contracts law professor about this and he said that a contract can include more than just the amount due for the actual phone calls made and received which he concluded are under a 2 year SOL. BUT he said other parts of a written contract such as late fees, taxes, surcharges, insurance, and early termination fees are just some of the ite
  9. I really don't think there is any way that you won't have to pay on this one whether in court or NAF but you will have a better shot if it plays out in court as the NAF just basically rubber stamps whatever the credit card companies want. Does the Plaintiff section read "Chase Bank" or "Chase Bank" in care of MB? MB has been caught suing on accounts in the OC's name when they actually own the debt. Can you pay anything on this by way of a settlement?
  10. It is probably going to stay on your cr until it ages off regardless of whether you pay it or not. If it's from 2005, it is OOS as the federal SOL is 2 years. PD is a JDB and knows darn well this is out of statute. Paying it probably won't help your credit score anyway.
  11. Did you make those payments by check or online? If by check, I think you are screwed on this no matter if it goes to arbitration or to court. Payment of an open account by check constituted a written acknowledgment of the debt, which resulted in the substitution of a new and longer prescription period. T. E. Mixon Lumber Co. v. Boutte, 191 So. 2d 165, 1966 La. App. LEXIS 4750 (La.App. 3 Cir. 1966). Which means that every time you sent them a check you extended the SOL or prescription period. In court, they must prove you did so however. If you did all this online, you might get away with using
  12. Of course they are adhesionary but if you don't reject the contract by not accepting the cc then you agree to participate in such a contract. However, if in this case it was defaulted on, you can argue that it was a contract of adhesion and in many cases (especially in LA) a court will agree. Why would a court care? It's called consumer protection. There are aspects of this case we don't know yet that may make or break it. How old is this debt? When was the DOLA? Was it originally a Chase card or was it one that Chase bought up? What kind of card was it?
  13. I could have explained that a little better. Been a tiring past week or so... While I do not keep a list of states that specifically spell out open-ended accounts, you must always look to the definitions contained in your state code to determine which is what. Definitions are sometimes ambiguous in state codes but you need to understand what it is that you are looking for as all states do not define it the same way and regardless of what way they define it, all true credit card accounts ARE open-ended accounts. Primer on Open-End v. Closed-End Credit: Consumer credit is divided into two catego