#1 Consumer Comment
AUTHOR: David - 73179 (U.S.A.)
SUBMITTED: Sunday, June 19, 2005
POSTED: Sunday, June 19, 2005
hello...
my wife is going thru the same thing.
some lady showed up at our door with papers from these idiots....but i did not accpet them she posted them on the door, well a few weeks later in the mail we go the judgement aginst her from a old credit card blance!! they wanted the full amount and Love, Beal & Nixon had placed 500$ dollar fee's on her out standing bill!! i was thinking this was illegal becuase the credit card company pays them to do this already...
#2 Consumer Comment
AUTHOR: Cindy - Tulsa (U.S.A.)
SUBMITTED: Monday, June 20, 2005
POSTED: Monday, June 20, 2005
Please keep in mind that this company CAN collect attorney's fees after they have a judgment. If you were served papers and didn't show up to court, you got a default judgement and they are allowed to add in the fees at this point. Doing so BEFORE the judgment is illegal.
It may be possible to vacate the judgment, but you have to have good cause.
With that said, it's still possible for you to have a case against Love, Beal & Nixon - they violate more laws than just that. You can email me at lbn.help@gmail.com and I can give you the name of my attorney. I don't know that I can post that info here.
#3 Consumer Comment
AUTHOR: Timothy - Valparaiso (U.S.A.)
SUBMITTED: Monday, June 20, 2005
POSTED: Monday, June 20, 2005
Cindy, your assessments are not quite right, but I could never fault somebody who is exposing shady collectors, so these are friendly corrections, not hostile challenges to your understanding.
As for the default judgment issue, you are actually correct, but not completely. A default judgment entered against you in a court in your home state, when you were properly served, is virtually impossible to get out of. I highly doubt that the previous esteemed rebuttalist has any sort of viable insufficiency of process argument.
As for the attorney's fees your error is a little more pronounced. If the underlying contract provided for attorney's fees in the event that simple collections are warranted then there probably would not be a problem with assessing them. On the other hand, if the underlying contract did not call for attorney's fees then the creditor can only collect them if they are provided for by law. In such a case it would probably be illegal to ask for attorney's fees in a simple collections letter.
But in either case the collector MUST ask for attorney's fees in the complaint (one of the documents you receive when you are notified of the suit) or else he won't get them. To cicumvent a lengthy legal analysis, suffice it to say that it is entirely appropriate to pray for attorney's fees in a complaint so long as there is an existing theory whereby the plaintiff would be entitled to them. If the plaintiff is entitled to attorney's fees, either under the contract or as a matter of law, and fails to ask for them in the complaint, he will not get them.
The plaintiff simply cannot wait until he has a judgment in his favor to ask for attorney fees. He has to do that when he files the suit.
#4 Consumer Comment
AUTHOR: Cindy - Tulsa (U.S.A.)
SUBMITTED: Tuesday, June 21, 2005
POSTED: Tuesday, June 21, 2005
The rebuttal above is correct in all its analysis. Thank you for the clarifications.
Regarding the default judgment issue, you're correct. It's very difficult to get past the default - and why EVERYONE must answer any summons they receive. I mentioned filing to vacate only if someone has good cause. People, check your state statutes for options and limitations there.
As far as collecting fees prior to judgment: our argument is that Love, Beal & Nixon rarely deal with the creditor, and I should have made myself clear there. They represent mostly debt buyers. There is no contract (most of the time) between the new debt owner and the debtor agreeing to allow attorney's fees. If the creditor had assigned someone to collect, and there had been that agreement, then the fees could stand. Since there is no agreement (and sometimes, no real contract), their fees are not allowed.
Oklahoma (where Love, Beal & Nixon practice) also allows attorney's fees on collection of consumer credit sales only, which none of their cases are.
#5 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Wednesday, November 23, 2005
POSTED: Wednesday, November 23, 2005
They served me with papers. I got it thrown out for improper service, and havent heard from them since. I never even showed up, just served them and the court with the violations.
Also, It's really just Beal & Nixon, Love has been dead for about 15 years.
They added almost $2500 onto the actual amount for legal fees and nly had the collection a few weeks.
They are scum.
Let me know if that Lawyer wants my documentation and a copy of the lawsuit. I have everything. Maybe we can sue the lawyers in a class action here. I did FTC complaints already.
Good Luck
#6 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Tuesday, January 03, 2006
POSTED: Tuesday, January 03, 2006
I got the DISMISSAL notice today from the FRIVOLOUS lawsuit they filed on me in October in an attempt to collect for Great Seneca Financial.
I played hardball, and this just proves that they are a fraud and a rip off, because they only play the default judgement thing.
This proves that they are just to stupid and lazy to actually get a case to trial!
VICTORY!!
Another bottomfeeder bites the dust!
#7 Consumer Suggestion
AUTHOR: P - Sapulpa (U.S.A.)
SUBMITTED: Tuesday, May 16, 2006
POSTED: Tuesday, May 16, 2006
Please review my Rip-Off Report on Love Beal & Nixon PC dated 5/16/2006.
I beat them in court and got the case dismissed. I have given step by step information and instructions on how I did it Pro Se and am happy to share with others in the same situation and if your case falls into the same catagory as mine - credit card debt past 3 yr SOL in Oklahoma.
#8 Consumer Comment
AUTHOR: Frances - Oklahoma City (U.S.A.)
SUBMITTED: Tuesday, July 25, 2006
POSTED: Tuesday, July 25, 2006
I am dealing with Love Beal and Nixon in Oklahoma Federal Court right now. If anyone has any information about cases filed against Love Beal and Nixon for FDCPA violations please post here. I already have a very strong case and proof of FDCPA violations, but I would like to show as many cases as possible that disregarding the consumer's rights under FDCPA is a common practice for them.
#9 Consumer Comment
AUTHOR: Julie - Hinton (U.S.A.)
SUBMITTED: Monday, April 16, 2007
POSTED: Monday, April 16, 2007
Hello to both of you and thanks for sharing your experiences. I am also beginning my court battle with LBN and was wondering if Chase could share the name of his attorney with me. I was also wondering how the federal case is going for Frances. I feel that LBN have violated both the FDCRA and the FCRA in my case. They re-aged my debt and have harassed me by telephone. And, their idea of validation is a joke but I need an attorney and would appreciate any referrals. Thanks!
Anne,
Hinton, OK
#10 Consumer Comment
AUTHOR: M - Tulsa (U.S.A.)
SUBMITTED: Monday, April 30, 2007
POSTED: Monday, April 30, 2007
We are also fighting them in court. They managed to get a summary judgement against a loved one. Of course that doesn't stop their harassment, multiple phones with nasty voicemail messages and the like.
I will be posting our ripoffreport soon but Frances, we have good prime examples of them violating the FDCPA and Oklahoma Consumer Protections act.
Frances, your attorney is welcome to contact me.
#11 Consumer Suggestion
AUTHOR: Steve - Bradenton (U.S.A.)
SUBMITTED: Tuesday, May 01, 2007
POSTED: Tuesday, May 01, 2007
Frances,
You could subpoena the FTC for a record of complaints filed against LBN at the FTC site.
You can also contact the OK State Bar Assoc for complaints filed against them.
You never mentioned what type of case you have in Federal Court.
#12 Consumer Comment
AUTHOR: Kelly - Tulsa (U.S.A.)
SUBMITTED: Monday, July 16, 2007
POSTED: Monday, July 16, 2007
I have just been served with my second suit from Love, Beal & Nixon and need to know step by step how to handle this pro-se. My debt is outside the SOL and I lost my last one because I didn't handle it correctly. I won't let that happen again.
#13 Consumer Suggestion
AUTHOR: Pete - Tulsa (U.S.A.)
SUBMITTED: Thursday, April 24, 2008
POSTED: Thursday, April 24, 2008
I was alerted that this same firm is attempting to get a judgement against me for CC debt from 2001. The bills and fees are outrageous. If anyone can help me I would appreciate it, any direction towards legal representation would be helpful. I don't know how to establish contact with parties who have been victimized by LBN, I need some help.
Thanks,
#14 Consumer Comment
AUTHOR: Jmorris - Oklahoma City (U.S.A.)
SUBMITTED: Tuesday, February 17, 2009
POSTED: Tuesday, February 17, 2009
I am a attorney in OKC that has successfully defended a collection action brought by Love Beal & Nixon against a client of mine. It appears many cases brought are debt buying plaintiffs, which pose issues for the plaintiff. If you have any questions (legal representation or otherwise) please contact me through this website.
I'm not sure about posting my contact information in the post so I will not do so. My first name is a unique spelling. If you go to http://www.oklahomafindalawyer.com/FindALawyer
For the practice area, select Contracts, and in the field City Search type in Oklahoma City. When the 260+ results come up, do a Find (Ctrl+F, or Edit->Find) and search for my first name. This way you'll know I'm a licensed attorney and not just some guy claiming to be an attorney licensed in Oklahoma.
#15 Consumer Comment
AUTHOR: Stacey - Dallas (U.S.A.)
SUBMITTED: Tuesday, February 17, 2009
POSTED: Wednesday, February 18, 2009
Thank you soo much for proving what scum bags these people really are!
Keep up the good work
please check www.budhibbs.com to see what true bottom feeders Love Beal Nixon really are
Also check your Secretary of State's website to see if these losers are even allowed by law to collect debts
In the State of Texas all Debt Collections must file a Surety Bond (learned that in court)
Good luck just fight these idiots - Go to court!!!!!
#16 Consumer Comment
AUTHOR: David - 73179 (U.S.A.)
SUBMITTED: Tuesday, March 16, 2010
POSTED: Tuesday, March 16, 2010
how did you do this i am replying to post#5. they sent some guy to my house it was after 10 at night he was beating on my door ringing the door bell every 2 minutes. and he went to the side of my house and was looking in my daugthers window.she heard a noise and looked out the window he was looking in. i had to call the cops to get him to leave my Property.he was parked in my drive way to about midnight.
how can i handle this they call my house 2 or 3 times a day. and i got papaers saying some company sued me i never got a court notice or anything.
i cant stand this law firm love beal nixon.
any help. thank you....
#17 Owner of Company
AUTHOR: ron w - (United States of America)
SUBMITTED: Tuesday, April 06, 2010
POSTED: Tuesday, April 06, 2010
I had lbn contact me and they couldnt serve me they said and i owed 900.00 to my sams card a long time ago now they say i owe 3000.00 and change i tell them i need a bill with it itemize they wont do it what do i do i know i paid them the 900.00 thanks ron
#18 Consumer Comment
AUTHOR: Malenda - Mangum (United States of America)
SUBMITTED: Friday, April 15, 2011
POSTED: Friday, April 15, 2011
The debt that LBN sued me for was past the Statute of Limitations. I was never invited to the court hearing, therefore, they received a default judgement. I received notification that I am included in a class action law suit today from Midland Credit Management. That is who LBN collected the debt for, MCM was not the original creditor either. Just wondering if MCM is in trouble for shady practices and LBN collected the debt for them, is LBN liable also?
#19 Consumer Comment
AUTHOR: David - 73179 (U.S.A.)
SUBMITTED: Sunday, April 17, 2011
POSTED: Sunday, April 17, 2011
they got me on a Granishment and it is killing me bill wise. i need to file chapter 7 on them. they keep calling my house they already got the judgement and they are asking for more money. now they are saying they can go after my wife and take her pay to hurry up and pay mine off. i am the only one on the Judgement. my wife has nothing to do with it. telling me they can take my car and items i own, even get a court order to come into my house and take the valuables i own to sell.
is this legal? can they do this to me or even call me and threatin me like this?
#20 Consumer Comment
AUTHOR: David - 73179 (U.S.A.)
SUBMITTED: Sunday, April 17, 2011
POSTED: Sunday, April 17, 2011
that company was SHUT down by the Better business beura. they can not collect on that debt from my understanding. fight them on this. fill out the class action mail it back in. my wife got the same class action in the mail friday 4/15/11
