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Desperate need of legal advice/help please.


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We have been in litigation with Dodeka LLC for about 4 months now. Let me start by giving a quick rundown of the events so far:

1)Dodeka LLC has purchased an old CC account from Chase Bank, whereas they are demanding payment through the municipal court of Middletown, OH.

2)We have requested full disclosure via certified mail (via document referred from this site).

3)We have been twice summoned to appear via phone-hearing whereas Dodeka has failed to provide disclosure.

4)Both times the magistrate has allowed a continuance. The first was for 30 days and the second time was for 60 days. This was to provide Dodeka time to provide the documents.

5)After the 60 day continuance we provided via cert. mail a motion for dismissal. Whereas, a court date was provided to appear in person today

(4.17.09).

6)Upon appearance, Dodeka was not present but had supplied a document to the magistrate indicating an attempt of delivery was made apparently by normal mail to our residence (no traceable trail to verify verbal claim by Dodeka).

7)We were given a copy of this document (the apparent disclosure) that was sworn under oath by a custodian of business records employed by Dodeka. Whereas she swears she is familiar with the official electronically stored business records regarding this case.

8)The disclosure is in the form of the cardmember agreement. No reciepts or anything else that would verify the actual owed amount.

9)Today, the magistrate dismissed the motion for dismissal. After Dodeka was given what accounts for a 3 month continuance, we have only two-weeks to answer dodeka's motion.

So, Dodeka did not present full disclosure. They have not even supplied the request to submit proof they are legally entitled to collect debt in Ohio. And more importantly, it seems the magistrate is bent on granting this company the decision. From only receiving the card-holder agreement it would appear this was submitted only as a last resort and at the last minute to keep the motion of dismissal from proceeding. We are not arguing that we did not have a CC with Chase bank. What we are in disagreement upon is the amount of the decision this person (dodeka) is requesting. Has the magistrate operated outside the norms for this type of case? Have any of our rights been violated? Any help in this matter would be greatly appreciated. Thank you for taking the time to read this.

Regards,

Ohio Resident

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I wouldn't hesitate to point out that the existence of a generic cardmember agreement does not prove that a contract existed between the parties, or that if a contract did exist, any money was owed on it, and further, that there a valid assignment of rights from the original creditor to the plaintiff.

If a cardmember agreement is all it takes, perhaps we should all get ourselves a several thousand copies of one and start filing lawsuits against everyone in the phonebook.

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Thanks for the replies. I can't help but feel that if I would have had a lawyer at the beginning of this it would have already been over by dismissal. However, since we did not the magistrate has pulled this along to give Dodeka a leg-up. If we had missed just one of the hearings the decision would have defaulted and we would have lost. However, this does not seem to apply to the other team? We owe a debt. However, its no way near what this bottom feeder is sueing for.

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Next time they don't show move for dismissal.

Unfortunately the magistrate had given permission for the absence. I believe the point that will make or break our case is what is considered validation? If it can simply be the sworn statement of a Dodeka employee and a photo-copy of the cardholder agreement then I don't think we stand much of a chance. According to the magistrate, that is enough since he dismissed our request for dismissal for non-validation. After reading these forums I really thought we would have a chance. So much for justice...

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Thanks to everyone that responded. We have retained a lawyer that specialized in consumer debt to try and put a end to this civil matter. We have decided to counter-sue on grounds of unlawful debt collection activities. At the very least we believe we can reduce the amount owed and possible if need-be come to a payment arrangement that will not bankrupt us. Will post the outcome when available. Thanks again.

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  • 3 weeks later...

I wanted to update everyone as to the outcome of my case concerning Dodeka LLC. First, I want to thank everyone who has responded with such helpful advice. It really has made a difference. This all began in November of 2008 and finally has come to a conclusion as of May 11, 2009. After obtaining a consumer advocate lawyer, in less than two-weeks Dodeka withdrew all motions with prejudice. After gaining a full 3 months of continuance while refusing to fully disclose, and having what seemed to be a very sympathetic magistrate to Dodeka's cause and shortcomings it comes to pass that a law firm acting in the capacity of a collection agency is still required to observe the law when pressed by someone that knows the law(s). These bottom-feeders attack people that they assume are uninformed and use scare-tactics to intimidate so the extraction is realitively painless and very profitable. My advise is to seek help where ever possible and don't needlessly give-up before seeking said help. But most of all, don't make it easy on these parasites. Again, thank you! Finding this site basically has saved me 7K! Peace...

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