Dcrawler69 Posted November 16, 2008 Report Share Posted November 16, 2008 Hello. Recently we received a serving from the Municipal Courts. The details were that we were being sued for a past due CC account. The original holder was Chase Bank. Apparently Dodeka LLC purchased the account and is now seeking payment in full. The debt is approximately 7 years old but I believe they (Dodeka LLC) are indicating the last payment was received prior to this date/year. We sent a letter demanding disclosure of any/all details to both the courts and the legal firm. However, about 1 week after we received the cert. mail receipts from our disclosure request letter(s), we received from the Court a letter which had the details filled in by hand-written text, requesting a Report Hearing by PHONE. We've heard nothing from Dodeka LLC. Can the courts legally request this before Dodeka LLC has supplied any details about the account or even responded to our request(s)/demands? What exactly is a Report Hearing? We are scheduled to appear/call on 12/17/08. Any help/suggestions would be greatly appreciated. Thank you.G Link to comment Share on other sites More sharing options...
momof5 Posted November 16, 2008 Report Share Posted November 16, 2008 Transferring to "Is there a Lawyer in the House". You will get better help there. Link to comment Share on other sites More sharing options...
Dcrawler69 Posted November 17, 2008 Author Report Share Posted November 17, 2008 Transferring to "Is there a Lawyer in the House". You will get better help there.Thank you. Dc Link to comment Share on other sites More sharing options...
Dcrawler69 Posted November 18, 2008 Author Report Share Posted November 18, 2008 ...anyone? I could really use some help. Thank you.Dc Link to comment Share on other sites More sharing options...
henry1018 Posted November 18, 2008 Report Share Posted November 18, 2008 Well, call the courthouse and get some information regarding this 'phone hearing'. Find out all the protocall for this procedure. It sounds like this would be an opportunity to express that you are being asked questions about an invalidated debt pointing out that this is a violation of your rights afforded you by the FDCPA. I would also find out before that date if this debt is in fact passed it's SOL. If it is- I would point that out also. Also, check to see if Dodeka or their lawyer meet any license/bonding Ohio requires and if not- point out in the phone call that they are not legally able to collect a debt from you. I don't know the protocall, but maybe at that time you can ask for the case to be dismissed WITH PREJUDICE. The one thing I'm sure of-- if the 'phone hearing' is legit, don't miss making that call!!! Link to comment Share on other sites More sharing options...
merrybucks Posted November 19, 2008 Report Share Posted November 19, 2008 Sounds like the judge may want to know what progress is being made on settling this case. Most judges want to encourage parties to settle outside of court. This should be a peliminary hearing and not the trial itself. Link to comment Share on other sites More sharing options...
Dcrawler69 Posted November 19, 2008 Author Report Share Posted November 19, 2008 Thank you so much for the replies. My understanding of the SOL is the timer begins from the point of the last payment? If this is so, I don't believe we meet this criteria. Also, since I have requested/demanded CC account verification (all pertaining paperwork plus access to Dodeka's validity to collect debt in the state of Ohio), if Dodeka does not supply me with this information before our phone hearing date, would this be grounds for dismissal? Concerning the scheduled phone hearing documentation; it was send 1st-class mail with the Courts letterhead, but all details had been 'penned' onto the document. Seemed rather strange the document was not typed. Again, thank you.Dc Link to comment Share on other sites More sharing options...
Recommended Posts