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My wife had a 300.00 limit card with Cap 1. They start sending statements says she owes over 3,000.00! We Disbuted the statements , charges & requested Validation. Of course Cap 1 was not doing anything and we just went around and around.

She was then sued in court. During this process, we requested Validation from the Atty of the assignee OSI collections and received nothing in response. We then asked for information during the discovery portion of the case. The Atty. (Dana & Pariser Co.) and they never replied. We submitted the same exact papers asking for validation through the courts at time of answering and discovery and I believe a third time. Never was a response received. I also requested bank ledgers to show how they came up with this amount.

After showing up in court the judge could not understand how they came up with this amount either. He asked the Atty to figure it out and get back with her. That never happened. When it came time to return to court. (After we showed up & they did not) we found out the case had been dismissed without predjudice.

Now 2 months later they are suing again. No letters or correspondens from them at all. Just a new case for the same amount. They have never sent Validation and they are suing again.

How should I answer the Summons?

I am new to this site, but enjoy reading all the wealth of information.

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You need to read your state and local court rules. Most likely, you should consider that the case has either been reopened and/or a new lawsuit has been filed against you and proceed as in the past.

You may want to look at your state discovery statutes and court rules regarding filing motions to compel assuming that you did formal discovery and got no responses.

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Well you have a new case number because the previous case was dismissed without prejudice which meant they could re-file. And they did.

Like "hoapres" said, you need to proceed as before. Get a copy of your state's rules of civil procedure. Demand strict proof of everything via discovery. Once you serve the discovery and they don't answer, which most likely they won't, then proceed to the motion to compel.

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I'm not sure if I have the same judge or not. What exactly does that mean I have them on? Continued collection efforts without Validation?

1692f-1 is trying to collect amounts not authorized by contract or law. $300 doesn't just become $3000 like that, unless it was over the course of like 25 years.

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The Plaintiff area states Cap 1 but, also states OSI collections as assignee. Would they also be in violation of FDCPA 809(B) for continuing collections and opening another case when they have not Validated?... Who would be sued the Atty, OSI or Cap 1?

Being in Ohio, you'd be in excellent position to ask TowerRat about certain options.

http://www.artofcredit.com/board/forumdisplay.php?f=7

I'm not sure why OSI is mentioned in this at all since Cap1 sues in their own name.

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How should I reply? What would be all the violations I could list against them, and at what cost? Should I just deny all allegations and focus on their violations? Should I mention the previous case and the fact that the judge asked them to look into things and get back to us. (They never did)

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I'm not sure why OSI is suing you on a Cap1 debt. Cap1 always sues in its own name. If OSI is suing you, it seems like they are trying to pull some sort of scam.

A copy of their assignment agreement would prove or disprove their legal standing to sue on this debt. They are not a real party in interest.

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Complaint reads as follows:

1. Plaintiff states that it owns and holds the account of Defendant.

2. Plaintiff states that OSI Collection Services, Inc. is the authorized servicing agent for Plaintiff.

3. There is a due and owing to Plaintiff from Defendant on a certain statement of account attached hereto as exhibit "A" the sum of $3,016.81, interest and costs. (again this is on a 300.00 limit account!)

4. Plaintiff states that Defendant is in default of the terms and conditions of the account by failing to pay for the charges accuring on the open-end credit card account with Capital One Bank and that as a result of such default, the entire balance on the account stated and set herein in now due and owing

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Lots of issues.

First, you needed to DV them immediately in the previous situation, before they sued you. That way the suit would be a violation... continued collection activity.

They filed suit, you had a trial, they had no info, and case dismissed.

What are OH rules as far as getting a NEW TRIAL? Generally they should be asking for a new trial on the same docket #. They would be required to Motion to Vacate the Dismissal.

Again, not sure of OH rules. Most states have clauses that dont allow you to just file infinite seperate cases on the same matter. SO they may be violating OH rules of proceedure there.

What is going on with your CR's? In your DV did you DISPUTE? If so what showed up on your CR's.... if they didn't not the acct as "disputed" then you have FCRA violations. How much more "disputed" can you get...its in court as a lawsuit!!

It is odd, using a CA. They are suing me over what was about $880, and doing it in thier own name in small claims. It's easily already cost them $2K+ on legal fee's from thier outside collections atty. Pretty fk'd up, and gonna only get more costly as the case proceeds.

________

Herbal Health Shop

Edited by uwackme
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They are just trying to wear you down. I'm not totally sure that they are in violation of the law (didn't read everything over in detail, though). They are just refiling the case and hoping that the results are different. Shame on the judge for dismissing with predijuce, but this isn't illegal, either.

I'd file a motion to dismiss with predijuce. That way, they CAN'T take you to court again.

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Complaint reads as follows:

1. Plaintiff states that it owns and holds the account of Defendant.

2. Plaintiff states that OSI Collection Services, Inc. is the authorized servicing agent for Plaintiff.

3. There is a due and owing to Plaintiff from Defendant on a certain statement of account attached hereto as exhibit "A" the sum of $3,016.81, interest and costs. (again this is on a 300.00 limit account!)

4. Plaintiff states that Defendant is in default of the terms and conditions of the account by failing to pay for the charges accuring on the open-end credit card account with Capital One Bank and that as a result of such default, the entire balance on the account stated and set herein in now due and owing

This seems to be interesting:

Capital One Bank

2425 Commerce Ave.

Duluth, Ga. 30096

This is stating Capital One as the Plaintiff but uses OSI Collection Services Address. Filed by an Atty in Columbus Ohio.

Any Comments?

Something about this just seems fishy.

Being that this is in Ohio, I'd be asking TowerRat for expert Ohio help on this.

http://www.artofcredit.com/board/

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Go through the process again and demand accounting as part of discovery. Enter into evidence the prior case documents showing failure to provide accounting during discovery. Submit a motion for summary judgment in your favor when they fail to provide accounting and ask for sanctions as this is the second time they will have sued without any proof.

Counter sue Cap One for malicious prosecution, harrassment, and extortion. Sue the lawyer they hired for FDCPA violations. As a debt collector attorney it is his responsibility to unsure he is not prosecuting fraudulent cases.

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Not sure how to answer....without counter claims, do I mention all the violations they have commited? Then ask for dissmisal with predjudice?going through all the motions again is not easy on my wife..she is disabled and will also be goin in to have a brain tumor removed....this is causing a lot of stress on her.

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I would seek legal counsel on this, to be safe.

At the same time, do file a defendant's claim, citing the violations. Be sure and cite 809© to assure they supply the required papers to prove debt. Also, you will want all copies of the previous suit. Once this is done, sit down and correlate them so the Judge can see exactly what transpired from 1 to 10. Basically, you would buy yourself a binder of sorts so each page is in proper order, and easily turns, when given to the Judge. This includes the whole transcript from the court, plus all of your info you took with you. Keep us informed to assure you don't miss anything.

My opinion is they are filing new in hopes a new Judge is assigned and they can play their game. Their downfall is you will be fully prepared.

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