Today, we received another dismissal of a debt collection lawsuit filed in Oklahoma County by Love Beal and Nixon for their client, Gemini Capital Group. Gemini Capital Group filed its car repossession deficiency lawsuit against the Oklahoma County consumers in June of 2014. Luckily, the Oklahoma consumers contacted Paramount Law and hired us to represent them to prevent a default judgment being given to this junk debt buyer by the Oklahoma County Court. We asked Gemini Capital Group’s attorneys to provide us with the documentation they have evidencing that the Plaintiff legally purchased the debt it was suing upon. They refused, and we asked the court to “compel” this production. Once a hearing was set by the Court, the Love Beal Nixon law firm dismissed our clients from the lawsuit.
Good question! You won’t be able to figure this out by typing their name into any search engine as Gemini Capital Group doesn’t have a website! That’s right! Although it appears that they have kept the domain “geminicapitalgroup.com” active for email purposes, this junk debt buyer company that files hundreds of lawsuits against Oklahomans each year evidently believes that secrecy about their company is a better business plan than allowing consumers contact information for the company that has filed a lawsuit against them. We were able to find a very old “screenshot” taken of their website as it appeared in 2005, which states that the company “facilitates the purchases and sale of” a number of different accounts.
In general, however, we know that Gemini Capital Group is a typical New York debt buyer that purchases “junk paper” — defaulted consumer accounts receivables for as cheaply as they can buy it, likely pennies (or even less than a penny) on the dollar. Sometimes they purchase this uncollectable debt from an original creditor, sometimes this sale may be from another debt collector that originally purchased the debt but decided to sell it again. Gemini Capital Group buys this “paper” because it knows it can obtain a judgment against the consumer in a lawsuit alleging the full amount (including interest & attorney fees) when the consumer fails to contest the lawsuit. They know that, statistically, 9 out of 10 consumers will fail to file an answer to the lawsuit and it will legally be able to garnish up to 25% of your paycheck in just about 45 days.
The consumer’s best weapon against Gemini Capital Group lawsuits is a consumer debt defense lawyer. Once you hire an attorney that knows this area of law, that attorney will request documentation from Gemini Capital Group asking it to prove the allegations in its Petition. However, many times the “paper” or “junk debt” it purchased didn’t come with any backup documentation — that’s one of the reasons it is so inexpensive! Therefore, it is extremely rare that Gemini Capital Group will actually continue to fight the lawsuit it has filed after a consumer debt defense attorney like Paramount Law enters an appearance on behalf of a consumer. Please note that it is important to engage legal counsel very early on these cases. The longer you wait, the more difficult it is for a consumer attorney to work your case successfully and economically. Additionally, consumers representing themselves pro se usually have a very different experience than those who retain a debt defense lawyer — Gemini Capital Group will usually not dismiss pro se defendants, hoping that they will be able to “out-lawyer” the consumer in court, and many times they are (unfortunately) right.
Paramount Law offers free consultations and may be able to represent you without any charge at all if you have been the victim of an FDCPA violation prior to the lawsuit filed against you.