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We were sued by Frederick J Hanna in Marietta, GA.

We hired a lawyer. I just was not confident in myself to handle this pro se. He was referred to me. We gave him 500$ as the retainer I guess and he is answering the complaint for us. I just don't feel very confident. He said he usually gets these things dismissed because he counter sues. Yet, he didn't take anything from me other than my summons and complaint. WTH is he going to counter-sue on??? He didn't look at my dv letters, the dunning letters, the one response I got nothing. So WTH. I was intimidated. I should have said more. Now I don't know what to freaking do.

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How long was it between getting the first letter from Hanna and being served. Weeks? Months? I'm curious because I recently received my first letter from Hanna. A few weeks later I got a settlement offer from Hanna... 50% of alleged debt. Probably because I am judgement proof.

I wouldn't worry too much about your attorney not needing to see your paperwork... its all very preliminary now. Your attorney will likely overwhelm Hanna with paperwork, all the while waiting for Hanna to make mistakes and then he will pounce on Hanna.

You've spent your money... be patient. And good luck! Hanna is a real dog.

I'm interested in your situation so please keep in touch.

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The first dunning letter was in October of 2010. I responded to with a DV and Limited C&D which they violated. I even have time and date stamped voicemails to prove that.

I sent another one and they didn't respond. Then we had snow and ice. Here in Georgia that is a major event. lol They sent a letter dated December 22nd. They gave me until January 3rd to respond. I mention the snow and ice because we did not get mail for several days. Anyway, I received this letter the Friday before. So I had Saturday to respond. So I faxed a letter stating put up or shut up. They did eventually send me a "you owe me this much because they say you do letter". That was their validation. Which is all they really have to do. When I was served I received the summons and the complaint. That was it. NOTHING was attached at all whatsoever. So we shall see. I will keep you updated. They filed the paperwork on the 9th and I was served on the 24th of February.

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Call the lawyer and talk to him. Express your concerns. Ask him exactly what he's going to counter-sue on. Remember: he works for you, and if you want to know everything he's planning on doing before he does it, you have that right. Ask him to explain his strategy to you, ask him any questions you have, and don't let him double-talk you. Remember: he works for you, not the other way around.

When I got divorced I told my lawyer I wanted to review any documents he was going to file before he filed them. So he would fax me a copy for my review before filing anything. It worked well.

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I understand someone not having the time, which is definatly needed to do research on defending yourself against the scum suckers, to dedicate and just hiring a lawyer, but some of the accounts I have heard similar to yours make me scratch my head.

No matter how things end up in my case, I will not regret not getting a lawyer. I have read several accounts of people hiring unresponsive lawyers who more or less keep them in the dark and don't perform duties they direct them to do. One poster recently posted about the lawyer they hired always sending them stuff on the case on a Friday which lead to days of waiting to be able to call and find out details about what had been sent. I think I read one account where a lawyer's lack of competance lead to a person losing a case, I think they ended up appealing the case or something but I have read several accounts like yours when people have hired lawyers and been in someway disatisfied.

All of this would leave me very uneasy. The way I see it, that lawyer has very little emotional investment in your situation. The lawyer could care less if you end up losing as long as they get paid. Some of the them might even think your a "deadbeat" "for not paying your bills".

Upon visiting court one day for a recon on my case, I witnessed what I am sure is a common occurance, two lawyers in a case that had been heard (not a JDB case,some other case involving a debt claim) left the courtroom talking back and forth buddy buddy like, right in front of the defendant. I mean I remember thinking, if I was that guy I would be like "what the hell" I mean your paying a guy who is talking with the lawyer that is trying to get a piece of your a**. I just wouldn't appreciate that at all.

Not saying there are not good lawyers out there to represent you in these cases, but one thing I considered when my case started was the amount of defaults in these cases. The fact is that very few of these cases even go to trial, which means any lawyer you could hire has very little experiance if any against junk debt buyers. True, the JDB's are not usually hard to beat, but I am not sure how many lawyers are familiar with how idiotic and incompetant their claims are. I remember calling a lawyer's office, I think they did bankruptcy, and explained to them that a JDB was suing me and their response was that if a suit had been filed against me that I would end up having to pay. They seemed not to understand how little proof the JDB usually has.

I don't think there is any substitute for the hard work and research one can do to defend themselves in these cases. First of all it is really not that hard, it does take time if you start as a novice, but I feel better that my case is getting much more time, attention, and forethought with me taking it on alone than it would if I just left it to a lawyer. I might regret it a bit if I lose, but I would regret losing more if I choose to leave it in someone else's hands, and paid them and was out that money. I am one that likes to control my own destiny I guess.

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The first dunning letter was in October of 2010. I responded to with a DV and Limited C&D which they violated. I even have time and date stamped voicemails to prove that.

I sent another one and they didn't respond. Then we had snow and ice. Here in Georgia that is a major event. lol They sent a letter dated December 22nd. They gave me until January 3rd to respond. I mention the snow and ice because we did not get mail for several days. Anyway, I received this letter the Friday before. So I had Saturday to respond. So I faxed a letter stating put up or shut up. They did eventually send me a "you owe me this much because they say you do letter". That was their validation. Which is all they really have to do. When I was served I received the summons and the complaint. That was it. NOTHING was attached at all whatsoever. So we shall see. I will keep you updated. They filed the paperwork on the 9th and I was served on the 24th of February.

I've heard of Hanna, but I'm not familiar with them. Do they own the debt, or are they representing the Plaintiff? Did you validate within the 30 day time period? How did they violate?

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We were sued by Frederick J Hanna in Marietta, GA.

We hired a lawyer. I just was not confident in myself to handle this pro se. He was referred to me. We gave him 500$ as the retainer I guess and he is answering the complaint for us. I just don't feel very confident. He said he usually gets these things dismissed because he counter sues. Yet, he didn't take anything from me other than my summons and complaint. WTH is he going to counter-sue on??? He didn't look at my dv letters, the dunning letters, the one response I got nothing. So WTH. I was intimidated. I should have said more. Now I don't know what to freaking do.

I have an attorney I use for cases that have large balances. Nrgns is right you should get some clarifications. Right down all the questions you have first, check with his office and see if he prefers phone or e-mail to communicate. Remember $500 bucks only buys you 2-3 hours of time. Then contact and get your questions answered all at once. I usually check in every 2-3 weeks via an e-mail for an update. Remember, he is your lawyer not your therapist, so you have placed trust in him, allow him/her to do what you asked.

The attorney I use charges flat fee, plus cost retainer usually around $2k. He makes that back based on winning and then motion for costs that the plaintiff must pay being on the loosing side. So if they dismiss he will motion for costs on time to meet with you, answer the complaint, and should be awarded the fees, that along with the $500 you paid should make it worthwile depending on your agreement with him. Further, he knows it is Hana, so after they dismiss then he will review your doc's and find FDCPA violations, along with filing a suit that maybe shouldn't have been filed another FDCPA violation. He may then file suit and get paid again from Hana, on settlement. Should Hana not dismiss once they see he has taken the case then he may ask for your paper work to file counter-claim, which in turn could make it go away.

This has been my experiece, but I am from a different jurisdiction. I have had positive results so far, so I hope you experiece the same.

Best of Luck.

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You are all correct. I need to man up basically. Get down to business.

Hanna does not own the debt. They are collecting and suing on behalf of Equable Ascent Financial. I did DV within 30 days. They violated by continuing to try to collect before providing validation. They also called and left voicemails after having received a Limited C&D. The one time that we spoke the "lawyer" which he was not he was just a collector said if we don't pay HE was walking into court and suing us the next day at noon. Anyway there was no mini miranda on the first phone call. Just a bunch of little stuff.

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You asked on what grounds your attorney would countersue. The violations you mentioned are FDCPA violations. If they are provable, there's your countersuit.

You are right they are and I do have my green cards because I sent everything certified mail. I also have the voicemails with no mini miranda, however this phone call was after a dunning letter WITH a mini miranda so I am guessing that it doesn't count as a violation. The phone calls after having received the Limited C&D are recorded. I have no proof of his threat to sue. That was in a phone call at work. So technically there were 3 total after the limited C&D phone calls.

The thing is the lawyer that I hired didnt even ask for any of it. Damn it. I should have just done this myself!

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You are right they are and I do have my green cards because I sent everything certified mail. I also have the voicemails with no mini miranda, however this phone call was after a dunning letter WITH a mini miranda so I am guessing that it doesn't count as a violation. The phone calls after having received the Limited C&D are recorded. I have no proof of his threat to sue. That was in a phone call at work. So technically there were 3 total after the limited C&D phone calls.

The thing is the lawyer that I hired didnt even ask for any of it. Damn it. I should have just done this myself!

You seem to be jumping the gun here. You should relax and let this thing run its course. Your attorney will ask for the info when he needs it. He may already have some ammo for the counterclaim based on what he read in the complaint, or the info you already gave him. You're paying him to handle it, so let him handle it.

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You are right they are and I do have my green cards because I sent everything certified mail. I also have the voicemails with no mini miranda, however this phone call was after a dunning letter WITH a mini miranda so I am guessing that it doesn't count as a violation.

The voice mails with no mini-miranda are still an FDCPA violation. With every contact, written or oral, they must include "This communication is from a debt collector" or "This is an attempt to collect a debt".

The phone calls after having received the Limited C&D are recorded. I have no proof of his threat to sue. That was in a phone call at work. So technically there were 3 total after the limited C&D phone calls.

You can write out what they said to you and include an affidavit attesting to the truth of your statements. It's not as good as a recording, but it can help show a pattern of willful violation.

What did you include in the C & D?

The thing is the lawyer that I hired didnt even ask for any of it.

If it were me, I'd call him and ask him how he plans to handle the case, if he's going to countersue, and what the claim for the countersuit would be. Then go from there.

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You seem to be jumping the gun here. You should relax and let this thing run its course. Your attorney will ask for the info when he needs it. He may already have some ammo for the counterclaim based on what he read in the complaint, or the info you already gave him. You're paying him to handle it, so let him handle it.

I agree with you that the attorney may ask for the info when he needs it, but the poster is paying the attorney. As you can see from my post, I advised the poster to call the attorney. In my opinion, since the poster is paying for the services of the attorney, he has a right to ask questions and receive answers.

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We were served on February 24th and we have hired a lawyer.

Anyway, I know I need to give this to my lawyer but he was not in the office. I will in the morning.

I just can not wait until the morning to get some sort of opinion on this.

The letter is from Hanna and it says, " We know that you have been served now and we want to know if you want to settle this with us. Give us a call if you want to settle before any further legal action." I know that I do not have to respond to this. I will give it to my lawyer. Why would they offer to settle. They have already sued. Wouldn't it be advantagous to just go to court if they believe they have the right and the paperwork to back it up to win?

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It costs them time and money to go to court. If you're willing to settle, it's much easier for them to just collect your money than to go through all the work involved otherwise.

Many people look to settle after they've been sued, so they're sending you the letter letting you know you have that option.

Also, now that they've filed suit, if you do want to settle, they'll probably want you to sign an Agreed Judgment which they'll say they'll hold onto and not file as long as you make payments. I don't think that's a good idea, as sometimes JDBs file them anyway. So you should talk to your lawyer about that if you decide you want to settle.

But, yeah, they're just looking for an easy solution to keep them from having to do any work.

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I understand someone not having the time, which is definatly needed to do research on defending yourself against the scum suckers, to dedicate and just hiring a lawyer, but some of the accounts I have heard similar to yours make me....

...... with me taking it on alone than it would if I just left it to a lawyer. I might regret it a bit if I lose, but I would regret losing more if I choose to leave it in someone else's hands, and paid them and was out that money. I am one that likes to control my own destiny I guess.

Amen to that, fightemdontfold!:!:

I once called a lawyer here in Georgia, and he told me that I should just settle with these F***ers or file bankruptcy... WTF? He didn't even hear my situation completely and at no point I told him that I admit any of the debts. You really never know who you're giving your hard earned dollars to when it comes to attorneys. At least if I loose my fight, I would know that I did the best I could to actually fire up some smoke into their faces and not have to pay some law-schooled sucker to wear-off his $3,000 suit pants by sitting around doing nothing. My only hopes that the ones I will be fighting against are just as sucking-up-the-low-life type attorneys like that other guy was, so I can get some easy picking on their a**es and maybe get few extra counterclaims in my favor too. :lol: ....Excuse my buttery language xangelx

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  • 2 months later...
Looks like 500 bucks. Thats ok with me. I suppose I could still sue, but I am just happy its over.

Looks like some FDCPA violations, if it were me I'd jump on them with both feet, its a much more simple process than I first feared, did they dismiss with prejudice or without?

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