legal recovery law offices and capital 1 lrlo, cap one,mark walsh, attorney, richard sitter, not attorney, vp, richard davis, ceo, not attorney violaton of state bar act--call the bar if you dont believe me... san diego, California

I  hate to burst the tiny little bubbles that reside in most of the poster's on this site, but shortly after june 2009, Capital One Financial repaid the entire 3.555 Billion dollars back to the Federal Government. It received this money in October of 2008.  So the bank paid back 3 1/2 BILLION dollars back to the fed in a matter of 8 months. 

My question is most of you probably borrowed much smaller amounts of money, and never paid it back at all, and then you hide behind the fact that YOU bailed Capital One Out. You really should check your facts before you go make blanket statements about a entity. It makes you look like TOTAL IDIOTS!!!!

I never received any letter concerning this matter, now my bank account has been levied by them. What do I do now? PLEASE HELP!

What?!?!?!?  WHat does this mean and what can I do, I cant afford to file any more motions!!

First, you don't need to file any motions, so there is nothing to pay.  You simply need to show up on the indicated date in April.  Because there are no motions pending, there is nothing for you to "answer". 

BUT YOU MUST NOT FAIL TO APPEAR!! 

Apparently, after you left the courtroom, the attorney made an end-run and somehow managed to get the judge to reverse his decision to dismiss without any argument from you.  While it may not be unlawful (an "ex parte" order), it is highly irregular . . . unless the attorney came back with some kind of case law that shows the court it made an error at law in dismissing the case.  You should have been served with notice that the case had been reopened.

Assuming that you are not served with any kind of notice explaining the basis for the case being reopened without you being present after the dismissal, at the next hearing, you need to ask the judge for the basis of his reversal.  If he cites any kind of case law to you, then you have the right to ask for a continuance to research the matter.  That will continue the case for at least 30 days. 

You can also tell the judge that there were no new facts presented by the Plaintiff at the last hearing, that their entire case was submitted in their original and/or amended complaints, that the case was properly dismissed the last time, and ask that the case be dismissed again, but this time WITH PREJUDICE to prevent it from coming back a third time.

If the judge will not dismiss the case, has not provided you with any case law citation to defend his reopening of the case following his original dismissal, then you must ask the court to STAY ALL PROCEEDINGS until you have had time to file an appeal of his dismissal and the appeal is decided.  The judge is required to give you a reasonable amount of time to show that the appeal has been filed, and must wait until the appeal is decided for or against you.  If your appeal is upheld, the case will be over.  If it is denied, well . . . back to court for more hearings. 

An appeal will necessarily require an attorney to represent you. LRLO may or may not fight the appeal. But there are only a couple of things that could allow the trial judge to reverse his decision to dismiss, and they are either procedural or a matter of law.  I doubt either of those exist.  But you'll need an attorney to sort that out for you.  And if your appeal is upheld, your attorney will have asked for the costs of the appeal to be paid by the Plaintiff, and those will likely be ordered, so you will have little out of pocket cost, if any.

DON'T GIVE UP. LRLO is a scam on the half shell.

I don't have any copies of the motions or court documents at this time other than the initial document that required my response by a certain deadline and certain documents pertaining to the response. Due to my self employed work schedule I didn't really have time to deal with this and do it right. Also I wanted the case to be handled correctly, so I used money from my tax return (just under a thousand dollars) and hired a attorney. The attorney handled the response along my documentation and records, etc. The case was set for trial about one year later. That was one year of no phone calls and peace of mind. The attorney not only got the case dismissed before trail but I got my filing fees back. That was a couple hundred bucks right there that I didn't know I would get back. I didn't know you could get your court fees back if the case got dismissed. Now the attorney is going after them for a FDCPA violation.  This means I will be collecting another check for more than what it cost me to hire the attorney.

Hello,
I too am having my dance with LRLO and my trial day was a couple days ago.  It was dismissed without prejudice, due to the fact that the plaintiff's attorney really didn't know anything about the case.  I was so happy, but then I checked the civil case summary pertaining to my case number and saw this:
03/20/2012 CAUSE CALLED AT 08:30A M, IN DEPT. *** , HON. *** * *****, JUDGE PRESIDING FOR HEARING RE: COURT TRIAL .  THE COURT RULES AS FOLLOWS: COURT AND COUNSEL CONFER. AT THE REQUEST OF COUNSEL FOR PLAINTIFF, COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE. LATER, COUNSEL FOR PLAINTIFF REQUESTS AND THE COURT ORDERS THE DISMISSAL SET ASIDE.  MATTER IS SET FOR STATUS CONFERENCE ON 4-18-12 AT 8:30 A.M. IN DEPARTMENT * LOCATED AT ************. COURT DIRECTS DEFENDANT TO FILE A FIRST AMENDED ANSWER TO THE FIRST AMENDED COMPLAINT.

What?!?!?!?  WHat does this mean and what can I do, I cant afford to file any more motions!!

Do you have a copy of your motion to compel arbitration?  I find myself in the same spot.  sounds like you did a good job.   Any help would be greatly appreciated.

Thank you

My email is iseekland@aol.com

After reading the posts I have another question everyone. If I send out certified letters real fast requestiog to compel arbitration, before I file my response, would that then allow me to file my response and claim that the court does not have jurisdiction and that jurisdiction lies with the arbitrator?

Also I was going to buy the book about the person who beat Capital One and LRLO until I went to his website a saw where it basicaaly states that he never owed them the money in the fisrt place. So now I am not going to buy the book because if someone was suing me for money I never owed in the first place I would be taking them to court and would easily win hands down.

Also LRLO is a lawyer who is taking me to court. I was under the impression that in the state of California and in small claims court you can not be represented by a lawyer / attorney and that you have to go on your own recognizance. So wouldn't capital one have to send down an actual employee of their company to take me to court? 

I'm reading through all the consumer comments and I just have one question.

My Capital One User Agreement states that "This Arbitration Provision shall survive: (ii) the bankruptcy or insolvency of any party;"


With that being said if I file for bankruptcy would that Provision of the agreement be deemed invalid or unenforceable or would it prevent me from discharging that obligation in a bankruptcy?

I recieved a summons and LRLO / (Capital One (USA) N.A. - Plaintiff) is taking me to court, so I need to decide within so many days what to do. 

I messed up when LRLO served me with a summons.  I didn't answer it.  I was expecting to be further served with paperwork for future proceedings but never received anything.  I checked the court web site constantly but never saw anything scheduled.  Low and behold, I missed it somehow and a judgment was entered.  Now that the judgment is there, I need to know what my best direction of travel is at this point to get this settled.  I'd like to work something out with them but they are not being very cooperative or open-minded about a settlement.  Does anyone have an suggestions about what I may or may not be able to do?

THESE BOTTOM FEEDERS DID THE SAME THING TO ME, YOU ARE RIGHT THEY DO COUNT ON YOU NOT FILING A RESPONSE. THEN THEY CLAIM THAT THEY DON'T RECEIVE DOCUMENTS - DESPITE THE FACT THAT YOU MAIL THEM CERTIFIED MAIL WITH RETURN RECIEPT TO THEIR ADDRESS LISTED ON THEIR LAWSUIT.

 

I just beat LRLO and had them fined.$$$$ all without an attorney and at no expense to me.

 

Do not panic.  Do not talk to them.  Do not provide anyone with anything about this!  You are the defendant and it is LRLO's burden of proof - so make them prove it and don't give them any help...do not communicate with them at all.

 

They will bury you in paperwork, that is ok - keep it all and read it...most of it is fluff and a judge will see right through it.

 

They will harass you with calls, hang up.

 

This is what you do:

 

1.  Go to the court house and file a complete 100% denial.  There are 5-7 good responses but ask the most important ones; that LRLO provide two things that the Judge cares about

 

The CONTRACT (w/your signature) that he says you have breached with Capital One

 

The CONTRACT that Capital One NA has given LRLO that authorizes them to collect this debt.

 

2.  Go to the Mandatory Settlement Conference, LRLO will not show but they will send you a settlement offer in the mail within a few days...keep it.  Show it to the Judge when it is your day in court...show him that this is their MO.No Sow and scare you into paying with paper - wait for you to default never varifying the debt is yours at anytime.

 

3.  Go to the Trail Conference/schedule pre trail set up.  Ask the Judge to dismiss w/prejudice (he won't) but ask anyways on the grounds that this is not yours and LRLO has not provided any evidence that it is yours.  LRLO will send a sit in Attorney that will know nothing about you or the case, they will not even know why they didn't show up for the Manadatory Settlement Conference....but will try to negotiate with you for payment before the pre trail-DO NOT TALK TO THEM..Also ask the Judge to impose sanctions on LRLO for not showing up to the Mandatory Settlement Conference as this could have been settled there if they would have provided the 2 docs you asked for in your response to the summons.  Say everything for the record....let them schedule it for trail, remember LRLO is hoping you will not show up and they will get a default.

 

4.  Go to the Trail and be ready to make LRLO prove to the judge that you breached a contract ....by providing the Contract you signed with Capital One and the Contract Capital One gave them to collect the debt.....oops they can't.   ButT, they will provide an affidavit of a person who says these things are true, bla bla bla   the Judge will see it as a cookie cutter and fluff.  Any Judge in his right mind will not side with LRLO if they can not produce a contract?  Ask again for sanctions as this could have been settled in the Mandatory Settelement Confernce had they showed up.  OK, they show up with the two DOCS (both contracts, one with your signature).Then say ok, I guess it is mine, didnt know about it.contract says I can have a right to arbitration.request that.they have to give it to you.  LRLO will not follow you there as it cost them to much money.

 

Be strong, take the time....you can even get the court fees waived......make him pay I did they were sanctioned for not showing up to the Mandatory Settlement Conference (pretty good fine).  If you search the web you will see in CA alone 27 people are suing LRLO....This firm is illegally extorting money from people who are down and out....bad karma!

 

This is not hard to do  you can defend yourself from these scammers.Just do not talk to them, follow your courts procedures defending your rights and show up they are counting on you being a coward and not showing.show them different.

It's now ten months since Capital One sued me using LRLO as its attorney. It will be one more month from now before everything is finally settled. But the score is now 3-1 in my favor.

As I suspected, Mark Walsh, dba Legal Recovery Law Offices Inc, is a hack. His sole purpose for existing is to obtain "default judgments" against California customers of Capital One.  Walsh does not personally appear in court, but LRLO is represented by local client attorney who join the parade by "Special Appearance."  These sub-hacks have absolutely no familiarity with the cases, but they show up and recite chapter and verse of California Civil Code, like a Jehovah's Witness does scripture. 

As of today, July 28, 2010, I have been in court in pro per on five different occasions, and the Special Appearance has been by three different attorneys. On the occasion of my prior appearance on April 29, the specially-appearing attorney did not appear on time (she apparently showed up sometime after 9:45am, when my case was called.  Upon a showing of an arbitration agreement, following a discovery motion because the Judge could not read the illegible copy of the Arbitration Agreement LRLO had filed as "evidence", my motion for Arbitration was granted, and the Judge allowed Capital One 90 days to commence arbitration. 

Today was supposed to be the final disposition of the case -- dismissal with prejudice -- because neither Capital One or LRLO has made any attempt to open arbitration. Unfortunately for me, the Judge who has been on the bench the four previous occasions has been reassigned, and a new Judge, who was unfamiliar with the case is now on the bench in the Department. But that was also a good thing. 

When the case was called, a third Specially-Appearing hack (unshaven and unable to even manage to button his shirt collar and straighten his tie) steps up to the plate. He was even less familiar with the case than the Judge! When asked what brings us to Court, the hack says, direct from a script, "Your honor, the Plaintiff has been unable to resolve the matter with the Defendant after numerous attempts. We are preparing to go to trial and request a 45 day continuance to prepare." Sounds remotely plausible to the Judge until he turns to me and asks, "Mr. H. are you ready to proceed to trial?"

"I am, your Honor, except that when I appeared here before Commissioner P. on April 29 for a ruling on my Motion to Compel Arbitration, he found grounds for binding arbitration exist and ordered the Plaintiff to commence arbitration within 90 days. Today was set as a status hearing on the matter of arbitration. That hasn't happened. The only thing I've heard from Plaintiff's attorney is a newly filed motion for Summary Judgment on October 10." 

Judge asks the Clerk if there is a "minute order" regarding arbitration. (I had checked with the Clerk when the courtroom opened to make sure it was in the file . . . thankfully it was). The Clerk locates it for the Judge, who reads it and then turns to the Specially-Appearing hack and asks, "Why hasn't anything happened with regard to arbitration?"

"I don't know your honor, all I get is this piece of paper that tells me when and where to be." (Now he's lost, because he doesn't have a script to deal with this situation). Judge asks, "I suppose Mr. Walsh is in San Diego?"  "I think so," the hack mutters sheepishly (in fact, he never says another word until our matter is concluded in about 5-10 minutes). It's a genuine admission of the fact that all Mark Walsh is prepared to do is file suit and wait for a defendant to fail to show up for a hearing and obtain the default. 

Then I get to add, "Your Honor, on each of my four prior appearances in this court, Plaintiff has been represented by a Specially-Appearing counsel who is unfamiliar with the case, has no knowledge of my responsive pleadings or motion filings, and all it does is take up the Court's time." As the Judge is leafing through the file, I also add, "Your Honor, when I appeared before Commissioner P. on April 29, he indicated that if nothing occurred between then and today, that he would dismiss the case with prejudice."

The Judge takes three or four minutes to silently search through the case file. He seems disturbed about something.

"I'm inclined to do the same thing and dismiss.  But I do not see any discussion or margin notes from Commissioner P. regarding a notice for an Order to Show Cause (OSC) hearing regarding dismissal at this time, so I'm going to have to allow 30 days for that."  And he asks the Clerk for the date -- August 27. "Alright, we're all going to be here on August 27 for that."

Continuing, the Judge states, "But (directly to the Specially-Appearing hack), understand this, I will not accept any other filings or motions or anything else in this case. Nothing else. Do you understand. And there will be no award of attorney's fees in this case either -- $2437 something or other. Nothing else. Seems that Mr. Walsh can always manage to ask for those, but he never seems to be able to get the rest of his stuff in. If there is no movement to arbitration, this case will be dismissed." And he shoves the case file over to the Clerk in undisguised disgust. "Thank you for your patience, Mr. H." 

***

So here's the skinny on arbitration. The Capital One Arbitration Agreement that applies to my cardholder agreement states that (1) if either party requests Arbitration, the matter cannot be brought to court.  I am requesting Arbitration, therefore the case must be removed -- it can be stayed pending the outcome of Arbitration, or it can be dropped by Capital One, or it can be dismissed by the Judge with prejudice, meaning it cannot ever come back to court or to arbitration.  (2) Capital One will only use JAMS, the American Arbitration Association (AAA), or National Arbitration Forum (NAF).

Due to a highly publicized consent decree, NAF (which was created by the credit card companies which were their primary clients) no longer can arbitrate credit card collections disputes. AAA announced more than a year ago that it was no longer arbitrating credit card collections either. That leaves JAMS, and according to what I've been able to determine, JAMS arbitrators do not enjoy credit card arbitrations and tend not to rule very favorably for the credit card companies (plus JAMS has a special provision that if a credit card company commences an arbitration in a collections case, it will pay all of the fees of the Arbitration).

So Capital One really has no guaranteed avenue for success when it comes to Arbitration, and it has to front the costs. This is one of the main reasons that, last December, Capital One removed the Arbitration Agreement from most or all of its credit cardholder agreements.  They claimed it was to be more fair with their cardholders.

If you have a pending case against you from LRLO and Capital One, and your "breach of contract" occurred prior to December 2009, then you most likely have a similar Arbitration Agreement to rely on (even if your breach occurred later, if your Agreement is similar to mine, it states, specifically, that "This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or changes of this Agreement, your account, and your relationship with us . . . ."  So even if Capital One sent you a notice that they have removed the Arbitration Agreement from your cardholder agreement, the language of the Arbitration Agreement may actually contradict that.

You must file a Motion to Compel Arbitration, and must include a copy of the Agreement with your filing. If you don't have that document, or yours is illegible, too, then you must file a "proper" discovery request with Capital One (through LRLO), and be prepared to also file a Motion for Discovery to obtain it if they fail to respond to the "official" request. Each of these motion filings costs money (about $40 each), but I think it's money worth spending. 

So Capital One now has until August 27 to commence Arbitration, or their case against me vanishes into thin air forever.

Dudes and dudettes, the only way to beat LRLO is get the book from someone like us. Their is a consumer that kicked their butts in court. Go to Ezzani and buy the ebook for $14.99

He shows step by step on how he beat them (((Redacted)))

CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

Hi,

I am currently being sued by Legal Recovery Law Offices.  I did speak with one of their representatives a few months ago to try and negotiate a payment plan, which they rejected.  I had to either pay by their terms or no offer.   I owe money to Capitol One and want to make very clear that it is my debt.  I am asking for fairness, just as Capital One did, when they received bailout money from our US Government and mostly our US Taxpayers. 

Were these loans purchased by Legal Recovery Law Offices from Capital One at a reduced cost?  Or are they legitamately representing Capital One? It appears that there needs to be more exposure to these types of predatory business practices that pray on consumers.  Why is the media not involved? 

If it is true that this company is being investigated by the State Bar of California and they continue to operate, is this not a news worthy story for CNN, FOX, MSNBC, etc,...?

With so many consumers and taxpayers in this predicament, this story could possibly change policies.

Has anyone contacted their state and local representatives?

I appreciate knowing there are other consumers out there dealing with these same issues.

Thank you!

I have been sued in LA Co Superior Court by LRLO/Mark D Walsh, esq.  I don't think he expected me to spend in excess of $300 to file an answer, instead expecting to obtain a default judgment. 

After answering the complaint, LRLO/Walsh filed a "Motion to Amend" and "First Amended Complaint" with the Court, scheduled for hearing on 12/22/09.  Went through this sheaf of papers with a fine tooth comb discovering that (A) he listed the wrong Court (LA County "North" district, actual venue is "East" district) on every paper; (B) makes numerous incorrect references to California Rules of Court, including citing sections that do not even exist; (C) fails to identify all changes, additions, deletions, in the "First Amended Complaint" compared to the original complaint, as required by law; (D) Walsh has no idea what he's doing:  his original complaint lists Capital One Bank (USA) N.A. as plaintiff.  His motion to amend states that the plaintiff was Capital One Bank, and needs to be changed to Capital One Bank (USA) N.A. <???>, also stating that "Plaintiff was unaware of issues raised by Defendant in his answer."  READ: "I thought I was going to get a default judgment and didn't need to list any real facts for the Court."

Most egregiously, his original complaint appears to be a "boilerplate" -- nicely prepared in Times Roman typeface -- simply fill in the blanks (defendant, amount owed, dates, etc.).  His subsequent papers are crudely typed on a typewriter or word processor with Courier font, and that's where the typist makes the many errors in citing California Rules of Court.  He also uses as "Points and Authorities" case law that does not necessarily support his right to amend (including a case from 1892!), although the courts generally allow amendments if they do not prejudice the defendant.  Biggest mistake in the boilerplate original complaint is describing the debt as owed to "Plaintiff's assignor" which is not accurate -- and this is one of the changes made in the "First Amended Complaint" which is not specified in the Motion to Amend as required by law. 

Coup d' grace?  His "agent" for service on me, one "Lauren Webb" (an employee?) states "under penalty of perjury" that she served me by placing the papers "in a sealed envelope with postage prepaid" on October 30, 2009.  Minor problem:  Postage meter imprint on envelope with LRLO return label is dated November 11, 2009.

Trying not to reveal all of his errors, I filed my "Opposition" to his motion on the grounds that (1) all papers are defective in that they list the wrong court of jurisdiction (2) that all changes, additions, and deletions, have not been disclosed to the Court or Defendant, (3) that virtually all changes requested in the Motion to Amend do not need to be made because they are all as numbered and stated in the original complaint -- and only the deletions or changes that have not been noticed to the Court or Defendant are the substantive alterations found in the "First Amended Complaint", (4) the points and authorities do not necessarily support his motion, and (5) pointing out to the Court that there is incontrovertible proof (the postage-paid envelope) that "Lauren Webb" has committed perjury (a felony punishable by 2, 3, or 4 years in prison) and that Walsh has committed both perjury ("I am competent to testify to the facts") and subornation of perjury (allowing or encouraging his agent/employee to commit perjury), both felonies (same 2, 3, or 4 years in prison, each).  I also again urge the Court to recommend that Capital One enter into mediation with me through the Court's Alternative Dispute Resolution mechanism, as I have tried to get them to do since December 2008. 

Strange thing is, according to a check of the Court's website last night, my case is not on calendar for this coming Tuesday morning (they only post 14 days out, and I did not check on the 12/9 to see if it was on calendar -- my "Opposition" papers were filed on 12/1).  I'll have to go to the Court Clerk's office on Monday to verify that it was either on calendar and removed at Walsh's request, or was never calendared waiting to see if I filed a response.  Either way, it is a delay tactic on the part of Walsh, who has also failed to respond to my request for discovery (I have a Certified Return Receipt showing my letter was received in his office). 

I am about to file a complaint with the State Bar.  Don't believe I would be a proper party to a class action since I actually do owe money to Capital One.  I tried unsuccessfully for the better part of 7 months to get them to agree to a repayment plan that would allow me to repay in full, including sending a letter to Chairman, Founder, and CEO Rich Fairbank.  Received a reply from an underling that Capital One had a contract that allows them to receive payments according to the terms of the contract and that they had no intention of entering into an alternative agreement.  At the same time, I received a phone call from one of their collections contractors ("NCO") demanding payment, to which I calmly responded, "Do me a favor, follow the requirements of the Fair Debt Collections Practices Act and send me the required collections letter so I can respond appropriately," and hung up on the caller.  A week later, I got the letter and in return sent a "Cease and Desist" letter stating I intended to deal directly with Capital One only.  Nothing in response for almost three months until I'm served with the civil suit at the end of September.  No prior communication from LRLO -- although not required if they are filing suit. 

Because I actually do owe money to Capital One (only the amount is in question), I don't believe I am a proper party to a class action, but I wish you well.  This guy Walsh files suits in courts up and down the State of California, and I'm sure he gets default judgments in better than 90% of them.  But he's not going to get a default in this case unless he fails to serve me with proper summons to Court, depriving me of my rights.  Then I'll have a different cause of action. 

I don't think there's a legal requirement for the CEO or VP of LRLO to be lawyers.  As "President", Walsh's admission to the State Bar is probably sufficient.  They're just a collection agency with a fancy moniker designed to intimidate debtors.  Getting an official looking letter from them, signed by a "lawyer", probably scares most folks into submission.  Good luck to you nevertheless.