Need help in OHIO

[tryn2dotherightthing]

I have DV, no respond, I am sending out the 2nd DV letter Friday (5/6). Does any one have a link to Ohio consumer law or state law that would apply? I am looking for more STUFF for the ITS letter that I know I will have to send to:

Arrow Fin Ser(2), Midland(2), VAS, and Merchant

[Sultan]

http://www.ag.state.oh.us/online_publications/consumer_protection/ohioconsumerlawsWEB.pdf

http://www.ag.state.oh.us/online_publications/consumer_protection/

http://www.searchsystems.net/list.php?nid=44

http://www.bright.net/~carlaw/other.html

[gdouglaslee]

I have DV, no respond, I am sending out the 2nd DV letter Friday (5/6). Does any one have a link to Ohio consumer law or state law that would apply? I am looking for more STUFF for the ITS letter that I know I will have to send to:

Arrow Fin Ser(2), Midland(2), VAS, and Merchant

A second DV letter? What for? Are you going to write this one in Spanish in case they didn't understand the first one? No where in the FDCPA does it say "The consumer will send DV letters until their fingers become numb and bleed and they spend at least $1000 on printer ink cartridges, paper, envelopes, stamps and registered mail."

Trivia question: Of all the people who sent a DV letter then sued 90-180 days later and won, how many sent a 2nd DV letter?

Answer: 0

Here's another trivia question, of the 4 debt collectors that are after you, which ones have Ohio addresses where you mailed your DV letter?

Here's another trivia question, of the 4 debt collectors that are after you, which ones can legally do business in Ohio, including filing law suits?

The consumer laws you are looking for are the Ohio Consumer Sales Protection Acts (O.R.C. 1345 et seq). You are a "consumer" and they are a "supplier" and yes it is $200 per violation and yes there is injunctive relief (you can prevent them from doing anything in Ohio including filing lawsuits or collection activity until they comply) and yes there is punitive damages.

[admin]

A second DV letter? What for? Are you going to write this one in Spanish in case they didn't understand the first one? No where in the FDCPA does it say "The consumer will send DV letters until their fingers become numb and bleed and they spend at least $1000 on printer ink cartridges, paper, envelopes, stamps and registered mail."

Trivia question: Of all the people who sent a DV letter then sued 90-180 days later and won, how many sent a 2nd DV letter?

Answer: 0

Here's another trivia question, of the 4 debt collectors that are after you, which ones have Ohio addresses where you mailed your DV letter?

Here's another trivia question, of the 4 debt collectors that are after you, which ones can legally do business in Ohio, including filing law suits?

The consumer laws you are looking for are the Ohio Consumer Sales Protection Acts (O.R.C. 1345 et seq). You are a "consumer" and they are a "supplier" and yes it is $200 per violation and yes there is injunctive relief (you can prevent them from doing anything in Ohio including filing lawsuits or collection activity until they comply) and yes there is punitive damages.

gdouglas - you may have tried to be funny with your answer, but it comes across as disrespectful and scathing. Not everyone knows as much as you.

One more thing - Your first trivia question regarding second DV letter. What is the source of your information? I didn't know there was such a legal database. Don't beat people over the head unless you can back it up.

[KentWA]

gdouglaslee, your info is wrong. If you look at the cases people have filed here you will find that most people do submit a 2nd DV at least. Multiple disputes to the CRAs also. The reason? You do not want the CA to make the claim of Bona Fide Error as a defense. If they did not properly validate after the first letter, ok maybe it got lost, maybe someone filed it in the wrong folder, etc. If they do not validate twice, it is unlikely a Bona Fide Error and they would have a huge amount of work to try and prove it.

That said, most of these cases are settled before they go to court so you may not need to be able to rebutt the Bona Fide Error defense, but you better be ready if they decide to push forward. Sueing someone is a chess game, you have to take into account every possible move of an opponent and be ready to couter it.

[tryn2dotherightthing]

Thanks for all of the good advice, this is my first attempt so all informations is helpful.

[DocDon]

I'm still waiting for the laws that he claims says giving a process server a hard time is a felony and will result in you getting thrown face down in the dirt and stuffed in the back of a police car.

[tryn2dotherightthing]

here is the site that speaks to the second DV

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=24558

[gdouglaslee]

I'm still waiting for the laws that he claims says giving a process server a hard time is a felony and will result in you getting thrown face down in the dirt and stuffed in the back of a police car.

I posted those. 2 from Ohio and 2 from FL. Each has a misdemeanor and a felony, depending on the level of interference/non-cooperation, which of course is subjective.

[gdouglaslee]

gdouglaslee, your info is wrong. If you look at the cases people have filed here you will find that most people do submit a 2nd DV at least. Multiple disputes to the CRAs also. The reason? You do not want the CA to make the claim of Bona Fide Error as a defense. If they did not properly validate after the first letter, ok maybe it got lost, maybe someone filed it in the wrong folder, etc. If they do not validate twice, it is unlikely a Bona Fide Error and they would have a huge amount of work to try and prove it.

That said, most of these cases are settled before they go to court so you may not need to be able to rebutt the Bona Fide Error defense, but you better be ready if they decide to push forward. Sueing someone is a chess game, you have to take into account every possible move of an opponent and be ready to couter it.

Show me one case, just one.

Also, show me a case where Bona Fide Error was applied to a DV letter. One plaintiff didn't send the dispute CMRRR and still won.

[gdouglaslee]

Ohio requires legal standing so they need to be registered as a domestic corporation or foreign corporation to sue.

O.R.C. 1319.12 requires that they have an office in Ohio in order to collect (better than licensing or bonding).

Arrow is registered as a foreign corp, Midland is not and neither have offices.

Never heard of VAS and Merchant is too generic.

Ohio is a one-party state. Tape recording conversations is a good way to deal with peksy JDBs/CAs.

[KentWA]

Show me one case, just one.

Also, show me a case where Bona Fide Error was applied to a DV letter. One plaintiff didn't send the dispute CMRRR and still won.

OK, I will. Checking the Resources section of this site I find a case where 2 dispute letters were sent and even then Bona Fide Error was asserted and won!

CAROLYN HERBERT, v. MONTEREY FINANCIAL SERVICES, INC.

http://www.ctd.uscourts.gov/Opinions/092801.AWT.Herbert.pdf

[DocDon]

I posted those. 2 from Ohio and 2 from FL. Each has a misdemeanor and a felony, depending on the level of interference/non-cooperation, which of course is subjective.

Thank you for backing up your claims with something concrete.

I've yet to see someone get slammed to the ground in a civil matter, which I believe is where the 'subjective' part would come in.

Good info though.