Legal Question in Credit and Debt Law in Georgia
I received a judgment letter via mail @ our physical address ... not our mailing address from Frank J Hannah Attorney at Law. I believe this to be a collection agency. However, it claims it is suing me on behalf of Capitol 1 for a past due debt with them. I have several problems with this deceptive action. 1. Supposedly I was personally served with a subpeona for court for April of 2009. I have not ever been served any summons nor has anyone accepted a summons on my behalf. Therefore, I was not present on the court date of May 27, 2009. The Court Clerk informed me that the attorney serving this did not show up for the court date either.
2. The one and only piece of any sort of information regarding this issue is the copy of the judgment letter against me. Actually, I am surprised mail was even delivered to our physical address as our mailbox is frequently vandalized and as a result we have a PO office box. We never use our physical address for mailing purposes.
3. Capitol 1 is not suing me over any debt that I am aware of.
My main question is this: How can a judgment be placed against me if I never received a subpeona to defend myself or to requestion validation of the debt? This court date was over a year ago and now I am just being hit with a judgment for it & I suppose next my wages will be garnished. Have my rights been violated under Fair Collections Act?
2 Answers from Attorneys
Frederick J. Hanna is an attorney for debt collectors. He files lawsuits.
I don't know what you mean by subpoena or what he sent you. Civil lawsuits are commenced by filing summons and complaints. That is usually served (given to you) by a sheriff at your physical address. You do not receive a subpoena.
If this is not your debt, then you need an attorney to file an answer. If Hanna already obtained a judgment and this is truly your first notice then the judgment can only be challenged by filing a motion to open the judgment. Only a lawyer can assist you.
If you want me to review your documents for a fee, I will do so. Otherwise, I would suggest that you go to the courthouse and make a copy of all the documents in your court file (there should be a summons and complaint, motion for default judgment and entry of judgment). Take these papers to a civil litigation attorney who handles debt collection.
If this is in fact a debt for which you are responsible, I can also assist with that if you wish to pay it and work out a payment arrangement. Understand that Georgia permits wage garnishment, although I do not know how likely that is or is not as you have not advised me of the amount of the debt or what assets you have or whether you work or not and, if so, whether you are self-employed.
As for your other question, I do not know who exactly is suing you. The Fair Debt Collections Practice Act (FDCPA) only applies to collection agencies, not creditors. Usually, the attorney will send out a letter to the debtor. The debtor has to request validation of the debt in writing - asking does not count. The debt collector must then respond in 30 days. If the debt collector does not respond, then there is a violation.
Again, I do not know what you received, but you cannot ignore it. Have it reviewed by myself or some other attorney.
As Rachel mentioned, Fred Hanna is a local collections lawyer who sues a lot.
You should go to the state court, get a copy of the case file and bring it to a lawyer imediately to determine what did happen and what you can or should do to avoid garnishment.
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