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Credithis last won the day on September 5 2016

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  1. Remember, this is Ohio case law. They Have to produce it if asked in discovery. I'd hammer them with it....
  2. I believe in Ohio there is Appeals Court case law reflecting the Plaintiff must give a full accounting of the debt from a zero balance to what they claim it to be now. {¶ 14} “In order to establish a prima facie case for money owed on an account, ‘ “an account must show the name of the party charged and contain: (1) a beginning balance (zero, or a sum that can qualify as an account stated, or some other provable sum); (2) listed items, or an item, dated and identifiable by number or otherwise, representing charges, or debits, and credits; and (3) summarization by means of a running or developing balance, or an arrangement of beginning balance and items which permits the calculation of the amount claimed to be due.” ’ Gabriele v. Reagan (1988), 57 Ohio App.3d 84, 87, 566 N.E.2d 684, quoting Brown v. Columbus Stamping & Mfg. Co. (1967), 9 Ohio App.2d 123, 223 N.E.2d 373, paragraph three of the syllabus. ‘An action upon an account may be proved by the introduction of business records showing the existence of the account.’ Wolf Automotive v. Rally Auto Parts, Inc. (1994), 95 Ohio App.3d 130, 137, 641 N.E.2d 1195. See, generally, Raymond Builders Supply, Inc. v. Slapnicker, 11th Dist. No.2003-A-0040, 2004-Ohio-1437, at ¶ 8.'' https://caselaw.findlaw.com/oh-court-of-common-pleas/1530536.html
  3. LVNV is Both a collector and owner of debts..... DV them directly.... BV80 & I went through this before in years past. Trust me. They HATE a CMRR letter addressed to corporate legal ending up at their address. They try hard to maintain a low profile.
  4. With LVNV never send your DV or correspondence to their outsourced collection firms. They Love playing whack the mole. Send it CMRR directly to LVNV. 200 Meeting Street, Ste #206 City Charleston State South Carolina Zip Code 29401-3187
  5. Wow, last time you paid was 2012? SOL in California is 4 years... They are suing on a time-barred debt....
  6. Send it CMRR and keep a copy. Write down the Cmrr# and keep your return receipt. Let them argue their way out of that in a court of law.
  7. Have fun with him. Send a full cease communication to him and his firm.
  8. So, you are saying if the OP sent a cease comm to the JDB... They are not violating the law by continuing to collect on it? I'd Still have the OP sent a cease comm to the JDB.. and certainly about the cellphone.
  9. Then the whack the mole concept is in play. I believe and would argue since the JDB knew it was avoiding through a loophole the spirit of the law and they would be liable. Also, since they hire the CA, they are jointly and severally liable for deliberate continued debt collection in a manner that is avoiding the FDCPA. I find it odd that today this practice is still in play. LVNV was most notorious for it. I had enough saved DV letters and correspondence with it's CAs to threaten legal action.
  10. Well, the OP ran into my situation with LVNV. I sent Prompt DVs to each CA cmrr. After the 3rd CA I did the same cmrr to LVNV. Now, the 1st CA did not assign it to another company, LVNV had to. So, does LVNV violate the FDCPA by assigning it again to another CA knowing a DV was sent to the 1st? This would trigger a "continued collection" action as per the FDCPA. Actually, when I threatened LVNV I brought this up.... They dropped it. This is what the OP is facing...
  11. I see nothing in the above that would preclude sending it to the JDB. A Trial attorney would probably have fun with this. See, LVNV is already listed as a debt collector and they have pursed debts by themselves in the past. So has others such as Midland..... Would indeed be interesting...
  12. Sorry, love you and your posts but I believe if you send a DV to a JDB you "cut out" the middleman, in this case, the CA. I have seen no case law addressing this. It would be interesting to see the response.... Say the JDB keeps assigning the alleged debt to CA after CA and each CA was sent a DV and did not respond... You then (As I did) send it directly to the JDB.... What would be their response? I think they would be facing possible FDCPA sanctions if they assign it to another CA if they don't reply with the validation...... Interesting topic... I believe they would be breaking federal law if they do.
  13. Hi BV80, we had this discussion many years ago. LVNV did this notoriously, I sent DVs cmrr to 3 different CAs collecting for them. Then sent a cease comm to LVNV because they would always farm it out to another CA. Now, the OP stated they were calling his cell phone, he wants it to stop... Getting the JDB involved is necessary to get TCPA violations..... To stop the continued collection a cease comm is needed to be sent to whoever "owns" it.
  14. Yes, however, I dealt with LVNV in the old days. You'd send a cease comm to one cA and LVNV would promptly send it to another ad nausem.... Then I sent a cease comm to LVNV directly to the home office.... That was the only way to stop it. I agree with you though but it sounds like the same JDB or OC and being farmed around to other CAs.
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