Capital One Bank v. Day

McFarland, Judge.

{¶ 1} Appellant Capital One Bank appeals the trial court’s judgment imposing sanctions for filing an action on an account without complying with the requirements set forth in Asset Acceptance Corp. v. Proctor, 156 Ohio App.3d 60, 2004-Ohio-623, 804 N.E.2d 975. Appellant asserts that there is no evidence that it willfully violated Civ.R. 11 and that it complied with the pleading requirements under Civ.R. 10(D)(1). Appellant thus contends that the trial court abused its discretion by determining otherwise. Based upon our recent decision in Capital One Bank v. Nolan, Washington…