trueq

Ahh, Fred Hanna Attorney, ducking service?

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Just got a call from my process server. He served my lawsuit on Fred Hanna, but had a dickens of a time tracking down Dennis Henry inside the Hanna law firm for his personalized copy of the lawsuit directed at Mr. Henry.

Mr. Henry would not make himself available for service.

So anyone seeing Dennis E. Henry in court, make sure you use the phrase "process service ducking" Atty. Henry when addressing him in court, so the court knows who they are dealing with!

We got it done by substitute service at the law firm's counter.

But shame on Dennis Henry....ducking process service as an officer of the Georgia court.

I can already tell that this lawsuit is going to be fun.

Edited by trueq

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You kill me. I swear, if I ever meet you, I'm buying you a drink, maybe 2. What do you have on them? Give me the juicy details. :lol:

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Phone calls after cease letter (my state law is absolute on this, even more so than FDPCA)

Unauthorized Practice of law in my state

Overshadowing on 4 separate dunning notices

Misrepresentation to the imminence of legal suit.

Deceptive trade practice by purporting to be an attorney in my state, when they are not.

False threat of suit

Misrepresenting legal status of debt

Harrassment, mental anguish, stress, etc.

My actual damages are over $100,000.

I'm also pursuing statutory, punitive (under my state law), and pecuniay damages (under state deceptive trade practices act.)

Even if Hanna could weasal out of FDCPA and state consumer Act claims...there is no way they have an out on the "deceptive trade practice."

In my state, you cannot even "purport" to be an attorney unless you are a member of my state's bar association. Hanna does this all the time! Dennis Henry IS NOT A MEMBER OF MY STATE'S BAR! Hanna has no attorney's licensed in my state!

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Lol he is the atty in my suit. If I have to go to court I will let you know. I will be more than happy to serve any additional papers for ya.

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Too funny! It would be priceless to see the defendant in a case serve the plaintiff's lawyer for another suit! Can you imagine the expression on his face?

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signs all these letters.

One of the questions...ready to go in my discovery is:

Just how many of these letters do you sign in a month?

(Because he is going to claim he personally reviews each and every one as required under American Bar Ethic Cannons.)

If its slightly ridiculous, like 2000/month,(I suspect its closer to 10,000/month based on my research) counting weekends and holidays, that's 65-70 a day!

There cannot be reasonable review of 65-70 cases a day! He has court too! (that was the excuse on his service ducking).

I got 4 letters from Mr. Henry on 4 different claims in one year!

He sends these out en mass! he does not review!

I've checked every federal FDCPA case against Hanna...guess who's on those letters? Dennis Henry.

Either this guy is the Superman attorney of all time....or he's breaking the law by rubber stamping these dunning letters without reasonable review.

Even if he can prove he's superman, it will not excuse his Deceptive statement about being an attorney in my state when he is not!

Edited by trueq

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I would have to get my wife to video that. Reading Trueq posts about arbitration. I know Providian has the clause in their contract. Trying to read up as much as I can before asking questions about it.

It is a shame the case against Hanna got squashed. Glad to hear someone is fighting these people. I wonder how many get judgements against them for doing nothing against hanna

Edited by kadesdad07

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Hanna operates on volume. Default judgments is their money generator. If they have to violate laws to get them...Hanna has accepted that as standard business prcatice.

In my research, Hanna has only won a few times on FDCPA cases.

Most of the time, they lose, or settle it out.

Guys like me suing them is just a cost of doing business.

The more of us that sue, the higher the cost will be.

Edited by trueq

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http://budhibbs.com/collectorpages/hanna_frederick_j_assoc.htm

They are one of the worst debt collectors in the nation.

Now that the "Buffalo perp walk" has happened to debt collectors there with mass arrests...

Hanna may now be THEE worst in the nation.

Although the "who is the bigger scumbag" argument is like debating which form of music is better.

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I held a 2nd lien in a business where owner defaulted on me.

I wanted to assume business back. (I had deal in place with bank to resolve and pay 1st lien)

Problem: I required "transfer permission" from a parent franchisor. Well that includes checking credit report. Guess who was there, illegally? Hanna.

I then had to disclose the Hanna correspondence to explain the issue....transfer permission denied.

Business closed as result. 25 people unemployed. Person who defaulted declared Bankruptcy. Bank liquidated assets. Being in second position, I got nothing.

I'm also pursuing 10 years of lost profits as pecuniary damage, $500,000+ under State Deceptive Practice Act. I do not even need to prove "resonable reliance" in my state on Deceptive statement or representation in relation to "pecuniary damage."

I had an attorney review it and told me it was the most brilliant use of the Deceptive Trade Practices Act he's ever seen and thinks I could get the FDCPA "strict liability" aspect applied to the Deceptive Trade Practice Act count in the process which would mean prima facie summary judgment just based on exhibits I attached to complaint. (In essence, if its deceptive under FDCPA, its real hard to say it is NOT deceptive under the Deceptive Trade Practices Act.)

BONUS: In WI, making any phone call after debtor says not to call at home or work is precisely defined as "deceptive" AND "oppressive" under DFI-BKG 74.16 (5) Contact a debtor by telephone following a request or demand by the debtor that such collection efforts cease.

We got 3 letters to Hanna before the phone calls started to NOT call us at home or work. We got the illegal phone calls documented. This part is a slam dunk. So on phone calls alone its a deceptive and oppressive practice violating FDCPA, Wisconsin Consumer Act and Deceptive Trade Practices Act.

This case will be all about the amount of damages.

Edited by trueq

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The following is public information readily available in the public records of Cherokee and Cobb counties in Georgia.

Dennis E. and Pamela S. Henry

163 Yellow Jacket Lane

Canton (Cherokee county), GA 30115

Frederick & Lynn Hanna

3660 Lower Roswell Rd.

Marietta (Cobb county), GA

Hanna property report

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I had to serve one summons to the Hanna law firm.

I had to serve the other one to Dennis Henry, lawyer for Hanna law firm.

It was more cost effective to pay for one service of both summons at same time.

Process server took care NOT to travel to law office unless Dennis Henry was in. When process server was there, Mr. Henry was all of a sudden "in court."

He made 2 more attempts (the limit before it incurs more fees) and it was the same exact "run around" by Hanna law firm.

Edited by trueq

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Why couldn't he serve the attorney when he actually WAS in Court? To me that seems logical. he ducks service at the office - find when he IS in court, serve his a$$ there.

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Given all the letters he signs after he carefully reviews and confers properly with his "clients", where does he have time for court? (Its sarcasm surplus week)

(The other problem with that is: I would have to had to paid for another process service. I've already dealt with process serving attorney's in court THAT REFUSED TO BE SERVED FOR A LAWSUIT AGAINST THEIR FIRM!)

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Good luck with your case. I hope you beat him good. He is an egg sucking dog. I have a trial with him in 12 days in Gwinnett Co. It should be interesting. I've never been in court so I'm a little nervous about defending myself but he has provided no documentation for his complaint so far. In GA you can sue without any affidavit of evidence attached to the complaint. Trial is set before my discovery ended. I was thinking of filing a continuance and a motion to compel discovery but a lawyer advised me just to go to court an challenge all his evidence if he produces any. Worst that could happen is the judge grants a continuance for me to review his evidence.

I of coarse will argue for a motion to dismiss the case. Trying to formulate my arguments for this now.

Any advice on this? I'm thinking:

Defendant pro se moves pursuant to that the court dismiss to this action, upon grounds there is no genuine issue in the case as to any material document, and defendant is entitled to a dismissal as a matter of law in that:

1. The Causes of Action specified in the complaint filed by the Plaintiff is insufficient as a matter of law.

The complaint does not set forth the True facts upon which Plaintiff seeks a summary judgment. The complaint should be dismissed.

2. Recovery is barred by SOL. (SOL defense since they have not provided any evidence to show it is within SOL)

3. The Plaintiff failed to produce documents and/or original contract bearing the signature of the Defendant, nor any itemized statements or billing of the $8800 in said debts or the $3200 of interest allegedly accrued by the Plaintiff after the card was charged off by BOA

4. Plaintiff has failed to provide a detailed list of the debts to the Defendant in the initial debt collection notice as require by the FDCPA and as evidence by case law. Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt..

5. The Plaintiff has failed to provide any proof of a relationship between themselves and the alleged original creditor, specifically the authority of the Plaintiff to collect the debt on behalf of the original creditor.

If I could reference some GA case law as examples of dismissals for these reasons I think it would also be helpful.

Edited by musimann
typo

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and find cases where Dennis got beaten.

I'm sure he's been beaten many times. Pull those court files and copy those pleadings.

I'd file for a continuence immediately.

Consider forcing him to arbitration, per the cardholder agreement.

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and find cases where Dennis got beaten.

I'm sure he's been beaten many times. Pull those court files and copy those pleadings.

I'd file for a continuence immediately.

Consider forcing him to arbitration, per the cardholder agreement.

How do I force him to arbitration if I have no cardholder agreement. I denied that I had any evidence for him in my reply to his discovery requests. No affidavits were attached to my complaint. I have seen none of his evidence if he has any. I filed for it in discovery two weeks ago. I doubt he will produce it before the trial which is scheduled in 11 days before discovery ends. From what I understand you can do this in GA civil cases. Sue with no affidavit attached. Favors the plaintiff.

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I probably have the cardholder agreement.

90% sure, whoever you name, will have an arbitration clause.

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MBNA was absorbed by Bank of America.

I don't have a "pure" Bank of America agreement, only agreements by Bank of America "absorbtion".

I had 5 Fleet acounts

2 MBNA accounts

1 Bank of Boston account

At least 4 others from various banks....

And they all became Bank of America Accounts.

I have the old Fleet and MBNA agreements, but not Bank of America.

B of A is tricky now...they just stripped the arbitration clause out, so you need to get the older style agreement!

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Here's a thought... maybe we put aside a forum to exchange CC agreements for various lenders.

I have a Chase agreement circa 2004/2005.

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I probably have the cardholder agreement.

90% sure, whoever you name, will have an arbitration clause.

I'm still learning about arbitration. How can I use that as a last line of defense in the trial? In other words If I'm denying the debt and any documents (I have no recollection) how can I pull out an arbitration clause without perjuring myself on the stand?

I did some research On Mr. Dennis E Henry in the Gwinnett Co. Court system. He has 7039 pages of cases at 25 per page going back to 2004. He has been busy terrorizing the debtor population. That is a lot of cases and that is just Gwinnett! I found 874 have been dismissed with prejudice. I'll be looking through those for some pleadings to use in my own case.

He has an assistant attorney doing the paperwork on my case. Scott M Peskin. I guess Henry will have to show at the bench trial. He'll need to bring a witness as I have a sworn denial on file. Does anyone know what law requires the plaintiff to bring a live witness instead of just a sworn affidavit? I understand I can get the case dismissed if he doesn't bring one on those grounds alone. I was wondering what LAW OR RULE TO REFERENCE.

Here is a link to the search: Dennis E Henry - dismissed with prejudice

http://www.gwinnettcourts.com/#partycasesearch/anamelast:henry/anamefirst:dennis/anamemiddle:e/caltype:sc/castype:131%252c/displist:148%253b90%253b/qfields:8199/pcsform:1/

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