A judgement against me??...PLEASE HELP!!

Submitted by nacirema on Fri, 12/14/2007 - 22:05

I was recently contacted by a lawfirm regarding a possible judgement against me for a delinquent credit account. I spoke with the man handling my case and was told my only option was to pay within four months (with four even payments) or to go to court. Not knowing what else to do I said of course I'd pay with the four payments (as I can now afford them, after graduating and finding full time employment). I set up the arrangements for the money to be drafted each month and made sure I had the money in my account the day he told me the money would be withdrawn. (I should note that I was told the money would come out on that exact day, not a week later as the man later informed me)

Several days after my first payment was to post, I called the lawfirm to inquire about the problem and was told to wait a week, that sometimes the withdrawl can take a while.

A week and a half later my husband called him and requested that we would be able to just wire him the money that day as we had other expenses being drafted from our acct. (utilities and such) that we didn't want to interfere with this payment. The attorney told us to go on about our business that he hadn't heard anything about a check yet (a week and a half after the date he said the money would come out!!).

After hearing nothing, and obviously having our money drafted for other utilities we received an irate call today, demanding we pay this lawfirm today or he will file suit. My husband called, told the man that we'd done what he said, told him this situation would occur and attempted to work out a plan to pay the firm on our next payday (less than a week away) and double up on our last payment in the series of four so that we do, indeed pay this debt. The man simply said "Pay today or we file" and hung up.

Now, I'm obviously scared, confused, worried, etc. about what to do next. I don't know my rights, am committed to paying this debt in four months (I can't pay it all at once but I CAN make four payments and pay this bill) and really don't appreciate the way this man handled our situation, being very kind throughout, leading us to believe he'd work with us, etc.

Obviously my credit score is in the gutter, but I'd rather not have a judgement on top of everything. This is my only debt...I don't want it to ruin me for a lifetime, especially since I'm doing all I can to pay it off.

Please help!! (and thank you in advance!)

Hi, welcome to the forums...this sounds a little hinky as the lawfirm hasn't followed through on what they say they would (arrangements that is). First of all what's the name of the law firm you're dealing with? who is the original creditor? with that information we may be able to help your further. Do you have proof of the 4 month installment payment arrangement? any proof of correspondence will be to your benefit. the reason i ask who the creditor and law firm is that many people here deal with the same companies/law firms plus you can maybe even go to the debt forum and type in the name of the credit and law firm you're currently dealing with and gain some insight as to who they are...let us know how you're doing and hopefully we can help you further with more info

Sat, 12/15/2007 - 02:39 Permalink

thanks for getting back to me...i'm obviously worrying!! the original credit is with Bank of America - when I asked the lawfirm I was told that I couldn't call Bank of America directly and negotiate with them - I was told they would refuse to speak with me. The lawfirm that contacted me is "frederick j. hannah and associates" - the only written correspondence I have with them is a statement I received 5 days AFTER the agreed date for the money to be drafted from my account. I was told I would receive this letter ten days in advance of the date the money would be drafted (Nov 31), yet the letter was dated Nov 30. Otherwise, I have not received any paper correspondence.

What should I do from here? I think I should contact the lawfirm and speak with a supervisor (mainly to resolve the rudeness issue and ask my case be assigned to a different person) and ask that our payments are resumed as of this month - and the payment arrangement that they screwed up be made up by doubling our last payment. I'm just not sure if this is the right course of action.

What really concerns me is that I dont' know my rights so I call and I am completely at their mercy. Please help me understand my rights in this situation, what payment plans they are required by law to take, what to expect if a judgement is filed, etc.

Thanks so much!!

Sat, 12/15/2007 - 03:18 Permalink

I just searched the Hanna lawfirm on the site...apparantly they are pretty crappy....i noticed others had been hung up on and treated terribly as well. can i deal with bank of america directly and cancel my payment plan with the lawfirm? from what i could read the money doesn't always get where it is supposed to anyway. i don't want a judgement on my account....but i would rather have that (no matter the 10 years on my credit) than be taken advantage of....thanks in advance for any advice

Sat, 12/15/2007 - 03:43 Permalink

You can always call the original creditor and try. I don't think it would hold up in court anyway if they agreed to a payment plan and you have been holding up your end.

How many payments have you made? How old is the debt and what state are you from?

Sat, 12/15/2007 - 11:47 Permalink

Thanks for your questions - I hope my answers can help! We are in NC - the debt is fairly recent....the acct. has only been delinquent for 6 months...the debt i about 1 1/2 years old...totals $4500. We used the card for an emergency - then our financial situation was suddenly drastically different. I am not making excuses for the debt though - I want to pay it

So, the payment that was not drafted on the date we were promised was to be our first payment. I got a bad/iffy feeling about this lawfirm when the money didn't come out when promised. I know they are capable of going straight into my acct and pulling the money out on said day...it doesn't take 13 days to do so. I feel like he was hoping to catch us when our utilities were already drafted out of our acct. (in fact, at one point on the phone he told me his favorite part of his job is when people don't pay and he gets to get "mean and take them to court")

I simply don't understand why I can't wire this money to the lawfirm this coming week, and resume payments as normal. I also don't understand in general why I have to have equal payments on certain dates...why can't I pay more on one date than another. I also don't understand how this company can get away with telling me one thing will happen, then switching it, then threatening to take me to court for their misinformation...obviously I'm confused!! hahah!!
I hope that helps you understand our situation a little more...I welcome the help and advice!

Sat, 12/15/2007 - 14:44 Permalink

I am going through a similar situation, This one was with a collection agency. I got served a summons last december, we went back and forth on what was what and I demanded that they show the debt validation. I say similar because a collection agency is trying to collect my debt, not the original creditor. Like yours, my statute of limitations still has not run out. I am going into arbitration with them here sometime in January or February.

However, I wanted to let you know about another situation that I had. It was with Capital one and the attorney did represent the original creditor, the attorneys office was just down right rude sometimes, like you I could not afford the payments or the sum that they wanted. I just could not do anything about it, whatever I offered was never enough, so they sued me, I got a hearing notice for the local magistrate. Once they sued me, they made descent affordable payment arrangements and was pretty descent to me. We never went to court, we made a payment arrangement that I could afford and then they would request a continuance each time that the court hearing was about to happen. Four payments and four continuances later, the debt was paid off and they sent a letter to the local magistrate tell him that the matter was resolved and that they wanted to withdraw their case.

I thought this was ridiculous, but it was the only way that they would be reasonable, they can't get blood from a turnip. I hope this helps ease your mind, you may end up in the same boat. I will try to look up other information for you and post it here. check back.

Sat, 12/15/2007 - 21:42 Permalink

Also, if you can get your hands on your original contract look for an arbitration clause, this may come in handy. See below

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Sat, 12/15/2007 - 21:47 Permalink

Here is some good news, they can't garnish your paycheck:

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Sat, 12/15/2007 - 21:52 Permalink

I think the best thing for you to do is to arm yourself with knowledge, it sounds like they are just bullying the hell out of you. Get to know the collection laws and stand up to them. They love it when they feel they are intimidating you. You need to read up on the federal and state laws on collections, here is a place to start.

Web Addy deleted for safety- Richard

I have one more thing that I want to look up for you, be back.

Sat, 12/15/2007 - 21:55 Permalink

Web Addy deleted for safety

great site to find more information on what you are going through.
You can email him with specific questions and he will email you back. I would say calm down, get educated and then deal with them. I would even hint to them that you will get an attorney if you need to, this may get them on www.naca.net [incorrect web addy given previously] you can see if there is one in your area, they will also answer questions for you. I wish you luck and hope that you will calm down a little, not worth the stress, there will be a result, one way or another. don't let them bully you, you don't deserve it. I would not be calling them back either, I would tell them that I want everything in written form, that way they can't go back on their agreements, if you come to one with them. goodluck.

Sat, 12/15/2007 - 22:03 Permalink

goodnatured, thanks so much for that information!! i have to admit, just having information makes me feel so much more empowered. thanks also for your story...i'm not the type to stress out but this all just caught me by surprise. i truly appreciate your help.

my husband and i decided to send a certified letter on monday that requests all communication be done by letter, and request a copy of any paperwork they have regarding our case. we will also continue to have the money in our accounts on the days we've agreed to have the payments withdrawn. if the company continues to wait a week or two weeks in hopes of catching our acct. without the full payment that's fine - we will continue to save and when/if they require us to go to court, we will simply go to court, with all of our paperwork...as well as the money towards the bill. i am sure a judge will find it ridiculous that we are all in court, particularly if we have the payment money waiting.

thanks again for everyone's help and continued advice is welcome!! we're not done with this yet and i'm sure this man will continue to call and harass us

Sat, 12/15/2007 - 22:34 Permalink

You just stand your ground and don't take his crap, when I first starting going through this, I could not sleep at night for worry and embarrassment. As I learned things about the law, I felt alot better.

I also found out that alot of those nasty people on the phone were not even attornies, they were paralegals hired under an attorny or a firm and they are on their screaming at me. Please!!!! Excuse me????? LOL

I told one "If I spent all that time and money on law school, I sure the hell would not be chasing dead debt, junk debt or debt collection period, I wonder what your parents think about your choice of employment" These are the bottom of the barrel, think about it, who the hell would spend all that time in school and then chase debt, get a real job! They also need to know that they should know the laws that they are trying to enforce, it is amazing when you start preaching it to them how they take it. If one would yell at me today, I would be apt to say, hang on a minute while I put my recorder on, You are violating the fair debt collection law, you are not allowed to harrass me. They violate so many laws, I could go into sooooo many, but you get my drift. So when they call you again, ask them if they mind being recorded? Just through it out there and see what their response is, bet they will be flabbergasted. Goodluck, I hope all this crap has help you, I feel for you, but you know what, they are not worth all the worry. Good thing you have your husband there going through it with you. That that don't kill you, will make you stronger!!! LOL, I am living proof!

Sat, 12/15/2007 - 23:11 Permalink

Sounds like they put you through alot of headaches goodnatured, but isn't it great that you can pass that information on to some one else and help them out.
Debt collectors often violate the laws, the webpage you noted above is a great way to get educated, I know they use it alot on the debt forum to find out information for people.

I like how this community is growing and the experiences that we are all sharing, I am learning so much here.

Sun, 12/16/2007 - 02:25 Permalink

Please keep us updated here I would be interested in knowing how this all play out.

Sun, 12/16/2007 - 11:38 Permalink

thanks so much for all of the help so far guys!! we're both feeling a lot more confident and not at all stressed now that we have a game plan for how to handle this situation!!! we really appreciate the help and welcome more advice!!

i will definitely keep this updated...just coming here and venting and getting advice...makes this situation so much more bearable. it's nice to know that there are people who are GOOD people in the same situations (not that i wish the situation on anyone lol!) who truly want to clear up their debts, just like myself and my husband...people who just got stuck in an unexpected situations and such....thanks a ton!! bring on more advice!!!

Mon, 12/17/2007 - 01:11 Permalink

Your are in good company, we all hope it works out for you and look forward to hearing a good outcome, we are here for you all no matter what the outcome. Just hang in there, as good says above one way or another there will be a result, good or bad, we are here, to celebrate or cry with you. LOL, not making light of the situation but it is good to have someone to share it with.

Mon, 12/17/2007 - 03:50 Permalink

Just to lighten the mood a bit - - I got home from a long day at work with a message from a woman from Redline credit. I looked them up on here first....so I'd know what to possibly expect. I have no other debt except a credit card I use for gas and pay off fully each month and student loans which are in deferment. I really had no idea why this place would call unless the Hanna lawfirm passed on our information.

I returned the call to the number left on my machine and was instructed to call another number. I thought I must have misdialed, hung up, and dialed again. I got the same message so I called the number I was told to call....only to have an adult phone sex line pick up!!!

After being thoroughly freaked out I looked up Redline's number online only to find out I am not in their system at all. I don't know how I ended up on their calling list.

But, I am grateful for the moment that really lightened the whole mood of this situation!! Thought I'd share!

Tue, 12/18/2007 - 02:07 Permalink

Hi Nacirema,

Welcome to the forums. these law firms are meant to chase people around for debt collection. The best way to go bout it would be to call up Bofa and try to negotiate with them. Your attempts seem to be brave. Do keep all the photocopies filed for legal use.
Tell them that you will be recording calls whenever they call. You can do it only if they agree to but you can always say, that might change their mode of approach towards you.

Keep us posted nacirema.

Wed, 12/19/2007 - 05:48 Permalink

Thanks for the welcome Laura! I'm sending my letter to the Hanna lawfirm tomorrow morning - I'm asking/demanding correspondence only on paper, as well as a copy of all of the documents they have on me. From there, I will be able to see how far this has truly progressed, and move forward from there. I have spoken with my mother, who is a paralegal and she confirmed what I've been told here: that if I've kept up my end of the bargain, and they fell through on their end of the payment plan, then they are a BIG part of this problem. I am continuing to save each month for my monthly payments; If I'm ever really served over this matter I will be able to pay this debt immediately -

I am considering asking this lawfirm to cancel the payment plan we worked out as THEY broke our agreement - is this advisable? Should I suggest rather that I will send them a money order each month; I don't want them in my account anymore, I just don't trust them. Also, is there a way to tell my bank not to authorize any debits from this company if I do follow this course of action?

Thanks in advance guys!! I'm feeling so much better!!

Wed, 12/19/2007 - 22:34 Permalink

HI Nacirema

No problemo :).
Yes I think right now if you dont want to can ask your bank to stop all unauthorized debits from your account. You can cancel the payment plan now and if you are served it will be better for you. Try to negotiate giving your part and the way you want to pay back. If they dont agree you can go the legal way.

Thu, 12/20/2007 - 05:45 Permalink

You are taking the right steps, you sound so much more confident than you did before, at least that is the way that I am taking your posts, I am glad that you are standing your ground now and not letting these jerks bully you around. Doesn't it feel better to breath now that you know what you know. I was so stressed out, I am still not done with all of mine, keep saying in two more months, months come and go and I say two more months, LOL. oh well, someday!

Really glad to hear that you are feeling better about this, and stay off the adult line, I hear they are very expensive!!!!! LOL.

Fri, 12/21/2007 - 02:23 Permalink

An update-

I was feeling a lot more upbeat and positive about this situation until yesterday afternoon. I called the lawfirm and requested to speak with anyone other than the man who hung up on my husband. I just find that to be VERY rude. I got some young guy who proceeded to lecture me on my poor judgement and being an irresponsible college kid who spent all my money on partying - nothing could be further from the truth. I have been married and paying bills and caring for my family for almost three years. We have this debt due to an emergency situation, and several jsut really crappy situations one right after another. I wanted to say "You're an ass"

Rather, I just told the man I was simlpy calling to have a note put on my file that I only wanted to correspond in paper and request a copy of my file; I told him I also had this request in the mail but I wanted the note put on my file then. I was then told that they would continue to contact me only by phone until they received the letter, then I would be served as soon as they got the letter saying I only wanted paper correspondence. They refused to send me any of my file or paperwork. The man told me that I better call Mommy and Daddy to get me out of this. At that point I lost my cool. I put myself through college - my parents work very hard but they dont' make a lot of money. They don't even have an extra $100...I would never impose this debt on them.

At that moment, my husband saw me starting to lose it and took the phone, and requested we not be contacted by phone again. Of course, this "lawyer" refused and began to lecture my husband about running from our debt...and my husband hung up. I was embarassed he did that because I really do think it is so rude but grateful we didn't let them see we were upset on the phone.

After a little crying and feeling bad for us...I remembered that I am a good person, trying to do right, and...my mother has a lot of legal experience as she is a paralegal. She can't give me money but she can give me advice! I was embarassed but I told her everything I've explained here on the forum...and she was so sweet...agreeing that we will be FINE. Even more than that, she gave me the name of an attorney she used to work for who can help us out.

SO, next week we have an appointment with an attorney, and I'm again feeling much more upbeat. We just refuse to let some bottom of the barrel barely an adult (even though I'm barely an adult hahah!) jerk ruin our holiday.

Thanks for everyone's support. I really do love coming here, reading stories, getting advice, etc. This is a wonderful resource...I'm hooked!! Thanks to all...any help after reading this update is welcome!!

Happy Holidays to all!

Fri, 12/21/2007 - 15:35 Permalink

I am glad that you had a happy ending there at least for the time being, they can be such jerks and how the heck do they know if you even have parents, they could be talking to some one whose parents were killed at a young age or some other tragedy, these jerks just open their mouths and stupid falls right out of it.

Don't let them ruin your holiday, have a good one despite these ignort jerks. Let the attorney deal with them if they want to play hard ball, when they call, just tell them that your attorney will be in touch.

Fri, 12/21/2007 - 20:48 Permalink

Hey Nacirema,

Its so good that you are giving us such detailed updates. Dont be afraid of anything. Sometimes tit for tat is required. So one rude behaviour is ok :). Now come on cheer up.

Sat, 12/22/2007 - 07:40 Permalink

It can be so hard "not" to get upset, especially when they are treating you like a criminal, I have been there and there were times I wish I had that person sitting in front of me. I wonder if they could be so cruel and mean face to face? I don't think it is naturally in human nature, I think this is all part of their job and it really pee-d me off a few times. I would like to make eye contact so that they see that their crap is not really getting to me the way the want it to. I don't know how they reason it in there head that being unusually cruel to some one will get the job done, it is not good business in any job.

Sat, 12/22/2007 - 10:51 Permalink

good, any news on your arbitration yet? you have not posted on it for awhile and was curious about what is going on? Have you got all your stuff organized and ready to go? Please come on and post us an update on this, I think it would do good on this thread since it all started the same way. thanks

Sun, 12/23/2007 - 02:10 Permalink

well, since my dec. 20 posting not much has happened. we have an appt. with an attorney next thursday, we are getting all of our paperwork together and reviewing our budget to make sure it has all of our expenses and today we faxed a letter requestin we are no longer contacted by phone; we are also sending a certified letter with this request.

until this coming thursday we'll be relaxing, continuing research about this...and talking about this forum. we've gotten so much more calm about this issue. we hate that other people have gone through this situation but we love that we can get some comfort and some answers here.

thanks everyone - i'll be sure to keep things updated....and be sure to read my dec 20th post if you haven't read it yet...all about how those people are just jerks!!

happy holidays!!

Sun, 12/23/2007 - 03:37 Permalink

It is good that you are getting the help of an attorney, this will keep them on the straight and arrow, are you going to have the attorney resume all contact with them, are you just getting advise from the attorney or are you hiring him/her on to handle the situation? goodluck, appreciate the update.

Crackerjack, no updates yet, still doing my research on what shows ownership of the debt, those words that the attorney spoke to me keep haunting me, he said "not only do they have to prove you owe the debt, but they have to show that you owe it to them" I never signed a contract with them and I am thinking that he was leading me in a direction for some reason, he said that they will not let me get railroaded, I am hoping this is true, we shall see. I will update as I hear things, no date yet.

Sun, 12/23/2007 - 18:43 Permalink
Peace (not verified)

Hi all... What is the worst that could happen? My hubby and I have gone through very similar situations with debt that due to circumstances beyond our control, got out of control. We have gone from the evil debt collectors yelling at us through the phone, to the calls stopping after we told them that we knew our rights, and that any further communication must be in writing. Now we are receiving all kinds of notices and summons and paperwork saying that a judgment has been filed, or may be filed, it is very confusing. But we met with our pastor about the situation and the stress it was causing us, and he shared something very simple and yet it changed our whole situation around. He asked us what is the worst that could happen? He told us to educate ourselves and learn our rights, and that unless it was a mortgage company or a tax collector, they could not take anything from us. He told us that we were stressed out b/c we were allowing ourselves to be affected by it, instead of focusing on a plan to get things resolved and not allowing the tricks of the debt collectors to throw us off track and distract us. When we began to reject any negative feelings caused by mailings and phone calls, and just focus on a plan to save money and try to settle the debts when possible, we just had so much peace and our lives are much happier, although the situation is not yet resolved. So much of the experience is what you allow yourself to feel. Nothing changed from the mailings and threats, but we changed our attitude, and we have peace and are now moving forward regardless. As long as you know in your heart you are trying to do the right thing, and you know that God knows it to, be at peace and let the Lord fight your battles while you prepare to resolve what you can.

Thu, 01/10/2008 - 20:51 Permalink


These debt collectors were my biggest source of stress for a long time, I still owe a few and am waiting to go to an aribitration hearing, like you I experienced the rudeness, the ignorance and the lies that debt collectors will use to get to you. Two things you need to remember.

1. They can not get a judgement unless there is a court proceeding.

2. If you are served a summons, make sure that you answer it or they will win by default and you don't want that to happen.

Thank you for coming here and posting this information, I am sure that it will help someone out there who is experiencing the stress and anxiety of these debt collectors.

I hope that you find a way to deal with these guys, glad to see that you are refocused, stick together and don't let this affect your marriage, you married for better or for worse in the eyes of god, let him see you bond and fight as one. You will come through this fine, it is just a time for struggle and will be resolved one way or another, hang in there.

best to you, and thanks again for posting. You should register, you could be posting, helping others out and making some money towards those debts.

Fri, 01/11/2008 - 00:56 Permalink
abrase (not verified)

this judgment was entered on 1991 , and this is the first time I hear about it ... the collection agency is telling me I have to answer a page
with 17 questions with name sof bank account , personal value and every
thing I own , which is nothing except for my car that doesn't value more
than a thousand .... I have some money in my accaount but is for my grand dauther and I have 14 days to answer all this questions ... they tell
me I can vacate this judgment by making a motion in court , but any way I have to answer the questions ... any help ????

Wed, 01/16/2008 - 20:23 Permalink

I would not answer those questions, they will be into your bank account and clean it out. Can you afford an attorney, If not you need to visit naca.net and see if there is one on there that is in your area.

I would not give these guys any information, it is a tricky way to make their way into your account and rip you out of money.

Please keep us updated on what you plan to do.

Oh, and welcome to the forums!

Wed, 01/16/2008 - 22:58 Permalink
abrase (not verified)

yes but they said that , false or misleading answers may be subject to punishment by the court .. but I don't care I'm closing my check account
so I don't have to lie when I say I don't have any account ...I don't want
to be in trouble not telling the thruth ... what even happen after that , who knows ... but I'm going to court tomorrow to complain .....
Thank you guys you make me feel I'm not alone in this mess ... see you......

Wed, 01/16/2008 - 23:11 Permalink


you are definately not alone here, goodnatured has a post on arbitration on here, I think that she has been through it all when it comes to the path of credit card debt, I am sure that good will be willing to answer any questions that you have about how to handle them.

We are here for each other, hang in there and keep us updated.

I wanted to take the opportunity to welcome you to register, then you can make a little money while you are getting guidance on your issue, before you know it you will be able to give someone else advice that may come here in the same situation as you.

Please keep us updated and goodluck with this.

Fri, 01/18/2008 - 00:01 Permalink

abrase, No, you are not alone sweet heart... We all have been through this or are currently going through crap just like this....

Just so that I understand this correctly, abrase. The judgement was entered in 1991? If that is correct, and the collections are now hounding you, I would check out NACA. And see if you can get a good lawyer. If the lawyer has any common sense, and can find his rear end with both hands, this whole thing could be thrown out, being 17 years ago. This whole matter should have been taken care of in a timely matter. Seventeen years, in my silly simple mind isnt. Just a thought.

Also, do not talk to the collectors on the phone under ANY circumstance. Make sure you document everything. Make sure you keep all their letters they send to you...

Your Pastor is right for the most part. However, not on the part were he told you they can't take anything from you. This is false, they can and will take from you if you don't know your rights. So, please check out NACA.

Hope all goes well... Please keep us posted...


Fri, 01/18/2008 - 01:21 Permalink

Judgments expire after a set amount of time...different in each state, but in many cases, they are renewable.

Fri, 01/18/2008 - 13:12 Permalink

I've had a similar problem as nacirema. I use to work at a Media Play store near me that went out of business in January 2006. I had some pretty big debt totals on the four credit cards I had, ranging from a couple thousand to six or seven thousand. I was just barely able to pay the minimum payments while at Media Play. I was unable to find a job for several months after the closing though. I received several letters from the credit card companies in that time. I finally got a new part time job in August. So, I called up the credit card companies to set up payment plans. Bank of America (BOA) worked with me to set up an amount I could pay. Over the next four to five months of payments I was contacted by BOA twice to tell me that who ever set the payments up goofed (one came close to calling the person a moron I'm guessing) and that I had to pay a little extra ($50-$100). I did this without complaints or problems. Then in late spring ...maybe around April, I received a call from Frederick J Hanna and Associates. Apparently, my account had been turned over to them by BOA. So, I called up BOA to see what was going on. They told me that they had determined the amount I was paying wasn't enough for a $9,000 credit and they needed to pursue a faster course of action (I have this conversation recorded). I was fuming! After all BOA put me though! After receiving some advice and information from various sources, I decided to see if a credit counseling service could help me, Take Charge America (TCA). They were actually recommended to me by BOA. I had tried to go through them back in August, but because I was part time and only made $400-$500 a month I did not "qualify" for their program. Since then, I had been working more hours at work. So, this time around, I qualified. I was told by TCA that often BOA will withdraw the account from the collection agency after a few month of being on TCA's program. So, early May I start making by-weekly payments of $360 to TCA. Everything seems to be going great. I get statements from Discover, Chase and my BOA business card (BOA's been extra nice to me about this account 'cause the business it's through can seriously kick BOA's bottom if they try anything, and BOA knows it! :-D ) saying that they're receiving payments. Month by month I can see my debt total going down in Quicken. Then, a few weeks ago, I get a letter from Frederick J Hanna and Associates saying that they had contacted me before and had wished not to have to take legal action, but since I didn't reply, I have 10 days to pay my debt or I leave them no choice. Now, I didn't receive prior notice about this. I was totally shocked when I received this. I know Frederick J Hanna and Associates are getting my payments because the amount listed on the letter is the same as the amount TCA says that I still owe. Which means, I've paid Frederick J Hanna and Associates about $2,000. I don't understand why they would just abruptly do this. So, I don't really know what to do now. I just received a similar letter today. After reading all the things that Hanna and Associates has done to people I would really like to give them a piece of my mind! Someone at my work told me that Hanna and Associates entered into a contract and by pressing legal action they're breaching the contract. I also read online that credit counseling services, like TCA, may have Power of Attorney and can tell Hanna to buzz off. I did fax the first letter that Hanna and Associates sent me to TCA, but they have yet to reply. But the other thing is, if Hanna and Associates does press legal action, I have nothing they can take. I live with my parents, I don't even own a car. I make close to minimum wage, about $1 more per hour. Seventy five percent of my paycheck is already going to TCA. If Hanna and Associates takes me to court and tries to have my salary garnished, won't the judge see that I'm paying all that to TCA all ready and see that it's in my and the court's best interest to just keep me on the plan with TCA and not fool around with my wages? If they take too much out, I wont be able to pay TCA, and TCA will terminate my program. Which will lead the other creditors to take me to court also. A big snow-ball effect that can be prevented by the judge just telling Hanna and Associates to shove it. But will he??? I realize I was very irresponsible with my credit and I'm willing to pay my debt. But there's just no way I can pay Hanna and Associates $6,700 in one or a few payments. It's going to take me a couple years. I've taken the steps I need to (going with TCA) and I've been paying it back. But Hanna and Associates and BOA keeps trying to mess with me. ...So, can anyone help me.

Wed, 02/20/2008 - 06:59 Permalink
Kate (not verified)

I have experienced something very similar, except I didn't make the debt and it apparently was made out of this country and I workd with Bank of America for the last year trying to get it fixed, but now they are still trying to hold me to a $7K+ debt that I have not received anything for. Now they have Frederick Hanna and Associates sending me letters and messages on my answering machine. I have stopped answering my phone long ago, because this started stressing me out and causing ulcers that make me sick. Something needs to be done about these guys. They are going to sue me for something I never even accepted. What should I do?

Fri, 02/22/2008 - 20:45 Permalink
Angie (not verified)

Help! I have a debt thru original creditor Household Automotive. I had a n automobile that was totaled in Feb. 2004. My insurance company paid what it worth and since I was upside down in equity, it did not quite pay off the loan. Now a debt buyer CACH LLC has purchased this account and are trying to put a judgement on me. I have been to court but had it delayed until I find out what my options are. What are Statute of Limitations for NC on Automobile loan? Since it has been over 4 years since payment was made, can I use SOL for this? Do I need to hire an attorney and if so, do you have a suggestion for a good one in Eastern NC?

Fri, 10/24/2008 - 16:53 Permalink
Linda (not verified)

I had a money judgment against me since Sept of 2007 and lost my job in July of 2007. I just received a letter from a attorney who is representing capital one and the sum of the amount owe is arount $8000.00. That is court fee ect What do I do? Very scared

Thu, 11/06/2008 - 19:55 Permalink

I think that you should contact the attorney immediately and inform them about the loss of your job and your inability to pay back the debt right now. The creditor may find out a repayment plan which you help you to pay back the judgment money over time, else the creditor can take the help of the court to collect the money by garnishing your bank account or by selling your personal property like your car.

Fri, 11/07/2008 - 11:04 Permalink

I agree here Dolphin its souds like you may need an atty. Did you also contact TCA and see if they can understand what is going on and help you. I really doubt a judge will make you pay anymore than you are already paying. You have the proof that you have been making the payments. If by chance they get this into court you may inform Hanna they could be hurting themselves by doing this. Most states only can garnish 25% of your pay and you said you are already giving them 75%. Of course if this does turn out to be the case and the judge would set a payment at 25% you need to close the checking account they are already taking money out of so they do not keep sending all the other money a month. Keep us updated.

Fri, 11/07/2008 - 11:24 Permalink
SHELIA (not verified)


Fri, 11/07/2008 - 19:08 Permalink

Hi Shelia
All you need to do is to contact your creditors and work out a repayment plan with them. Because if they sue you and bring judgment against you, you may face problem. If they bring money judgment against you and you do not pay the judgment money, the creditors may even sell off your car to recover your debt. You can also go for debt consolidation loans which usually have a very low rate of interest to pay off the debt if you have a good credit score.

Sat, 11/08/2008 - 10:28 Permalink
sophia (not verified)

I recently was summoned by a law firm in Raleigh, NC for credit card debt from Discover. When I could make the payment for the payment plan they had me on for hardship that was less thin the miminum. Let move forward currently umemployed and just finished college looking for employment. My unemployement benifit run out and I have no money to pay them and no money coming in. The law firm wanted me to set up a payment plan with them and told me to think about over this past weekend. I told them of my situation and stated I don't think that was possible being that I'm unemployed and no money coming in not to make that kind of arrangement. I stated that when I gain employment that I wanted to make payment arrangement with them. I lived in SC and don't know the limitation but the debt is over 4,300 they wanted 19.9% intrest rate and the lawyer fee was 640 in cost. What should I do since I have no money to pay them now at this time not denying the debt but the intrest rate id rediculious high as far as the lawyer fee and Idon't know if thay is acceptable

Sat, 01/10/2009 - 07:29 Permalink

Hi Sophia
Since you have no money right now to repay the debt by coming to a repayment agreement, you have no other option but to wait till you start earning. However, the creditor can sue you to the court and bring judgment against you either to garnish your bank account or your wage. But since you are unemployed right now, they cannot garnish anything because you have no money even in your bank account. However, the judgment will adversely affect your credit score.

Mon, 01/12/2009 - 10:28 Permalink

I relize you are in a tough situation. Since they could garnish your bank account I would for now keep your (if you have any) extra money anywhere but in bank accounts. Sooner or later you will have to pay this and once you have it out of your way you will feel better. When you get employment and if they do not get a garnishment then I would call and make the payment arrangements then.

Mon, 01/12/2009 - 17:12 Permalink

The law firm can either garnish your bank account or garnish your wages. Whatever, be the case, the creditor has to file it with the court before the case if processed. Now, if they choose to garnish your wages, they cannot do so even after they bring judgment against you as you are now jobless. However, if they bring judgment to garnish your bank account, your bank account would be debited anytime there is credit into your account and this process will continue till the debt is repaid in full.

Tue, 01/13/2009 - 11:18 Permalink

Scott, in the four states that do not allow for wage garnishment are those four states also have anything for garnishing a bank account or is this entirely up to the judge that takes the case?

Tue, 01/13/2009 - 16:13 Permalink