Friday, February 18, 2011

A win against a debt-buying company

I don't often get to actually have a trial on a collection case, because most collection suits in my practice are dismissed, when I defend the consumer.

In one recent case, though, we had a trial, and won.  Then the collector filed an appeal, and we won again.

A debt-buying company sued my client to try to collect on an old car loan. The collector's witnesses did not know enough about their own evidence. Much of their evidence was not admissible. The collector was not able to prove they owned my client's account.

The Court of Appeals agreed with us and ruled that the trial court properly dismissed the collection law suit. The case citation is: John Soliday Financial Group, LLC v. Pittenger, 2010-Ohio-4861 (Fifth District).

Here's a link to the decision:

http://www.supremecourt.ohio.gov/rod/docs/pdf/5/2010/2010-ohio-4861.pdf


Greg Reichenbach
Bluffton Ohio
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