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I received a letter from Hanna & Associates asking me to sign Consent Judgement.

Atlanta, GA |

It's been 3 months since I submitted my answers of denial to Fulton County Magistrate Court on a debt collection summons. The court clerk stated that I would be notified of a court date. Yesterday I received a letter from Hanna & Associates, the attorneys representing Midland Funding, asking me to sign the enclosed Consent Judgement. It says, "defendant has admitted owing plaintiff $2391.84 principal, and cost of court." I never received a court date and in checking my case number online, the last activity on the case was the submission of my answer. Are they assuming I'm ignorant (which I may in this case be) and just trying to trick me? And if so, is that legal? What should I do with this?

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Attorney answers 5

Best Answer
Posted

Once a lawsuit is filed and an answer is filed, the courts will set the matter down for a hearing. The consent judgment you received from Hanna & Associates is an attempt to get you to agree to a judgment in their favor without having the matter go to trial. If you sign the consent judgment, then Hanna & Associates will be able to start collection proceedings, such as garnishing your wages or putting liens against any property you own. If you do not sign the consent judgment, then the matter will proceed to trial. Depending on your financial situation, a bankruptcy filing may be a good option as it will stop the lawsuit from going forward.

Posted

You've been sued and you do not yet have a lawyer? Even worse, you have not done minimal research to know how Fred Hanna or the courts operate. On your own, you are 99.99% sure to lose. In not hiring counsel, you have also almost certainly not asserted all your defenses (and possible counterclaims). Don't sign anything until you have a consultation with a lawyer, and see a lawyer Monday. (In a consent judgment you have agreed to lose).

ATTORNEY GLEN ASHMAN 404-768-3509 www.glenashman.com . If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. Note that I am only licensed in Georgia and thus cannot practice in other states. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Asker

Posted

I would love to hire an attorney but I have been unemployed for over a year and my unemployment has run out. I have no money.

Posted

I would advise not signing it. I would advise retaining a lawyer to represent your interest to assert your defenses.

Posted

Of course it is "legal" for them to ask you to agree to a judgment. It is "legal" for you to ask them to dismiss the case, even if they don't want to. As far as "tricking" you, you have the document to review and it is your choice to sign or not sign. The problem is you don't understand how lawsuits work. You can take your chances in court and probably lose, hire a lawyer (in which case you are paying a lawyer and still may pay some/all of the claim), or offer them a settlement and make sure any settlement is in writing.

Asker

Posted

Again, in the consent judgement letter sent to me by Hanna & Assoc, it states that I admitted owing the plaintiff which is not true. I have never spoken to the anyone at Hanna or Midland Funding. My only correspondence has been my answer to the summons in which I denied owing the plaintiff. It sounds like you're suggesting I offer a settlement. But why would I do that if I don't believe I owe the money?

Scott Benjamin Riddle

Scott Benjamin Riddle

Posted

If you sign the consent consent judgment, you admit owing the money. It is fairly straightforward, and it is your choice. I have no idea whether or not you owe the money. You should know.

Brent Steven Snyder

Brent Steven Snyder

Posted

You need to consult a local consumer rights attorney. ASAP

Posted

Consider the following:
Hanna and Associates are going to attempt to reconcile this case out of court.
so, does the amount Hanna & Associates is asking for constitute all that is owed?
You should at least consult with an attorney about everything that you have received and filed in court to get the scenarios you may be facing in the future.

If you find this answer helpful, please mark it here on AVVO as helpful. At this time, I am not accepting professional responsibility on this matter. No attorney/client relationship is created unless and until I receive a signed retainer agreement along with the requested retainer fee. If this matter is truly important to you, hire an attorney. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Without reviewing the appropriate paperwork It is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Note that I am only licensed in Georgia and thus cannot practice in other states. Nothing in my answer should be considered as tax-advice. Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.