- Report: #384394
Report - Rebuttal - Arbitrate
Complaint Review: LOVE, BEAL & NIXON, P.C.
LOVE, BEAL & NIXON, P.C.P.O. Box 32738 Oklahoma City, Oklahoma U.S.A.
LOVE, BEAL & NIXON, P.C., LBN, LB&N Dishonest And In Violation Of Collection Laws Oklahoma City Oklahoma
*Consumer Suggestion: You need a lawyer!
*Consumer Suggestion: A couple things...
*Consumer Comment: You did not show up for court?
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March 04, 2007
I received a Summons that I am been sued by NCO Portfolio Management in the sum of $3,171.60 on behalf of a collection agency.
I responded to Summons with certified letter to LBN and the Court stating that their claim is disputed. I asked them to provide me a validation of the account and a validation of the amount claimed. I also asked them to provide legal ownership of the debt, the name and address of the original creditor in details.
2- Debt Validation Letter
May 08, 2007
I received a Debt Validation Letter that only states the amount owned, the creditor name, address and an account number.
May 15, 2007
I responded to the Debt Validation Letter with certified letter to LBN and the Court stating that their Debt Validation letter does not show any debt validation and the letter does not contain any written contract, and it shows only an account number and a dollar amount. I also said I have never had any type of account, agreement or relationship with the plaintiff, and I do not owe the plaintiff any money or any other type of compensation. And I have no obligation to the plaintiff.
3- Requests for Admissions and Interrogatories and Requests for Production of Documents:
Jun 08, 2007
I received Requests for Admissions and Interrogatories and Requests for Production of Documents.
Jun 27, 2007
I responded to the Requests for Admissions and Interrogatories and Requests for Production of Documents with a certified letter to LBN and the court. The returned back my response. In my response I denied signing any contract with the Plaintiff. Most my answers were "I do not know, because the Plaintiff failed to provide debt validation" and "No information to provide, because the Plaintiff failed to provide debt validation" and "I have no knowledge of this debt being owed to the Plaintiff; therefore I have no documents to provide."
4- Received Motion For Summary Judgment And Brief In Support Thereof:
Oct 24, 2008
I received Motion For Summary Judgment And Brief In Support Thereof, they claimed that no response to Request for Admissions has been forthcoming and the required time under Section 3236 has more than passed, and "Pursuant to Rule 13 of the Rules of the District Courts of Oklahoma, Plaintiff has moved for a Summary Judgment in its favor on the grounds that there is no substantial controversy as to any material fact and that the Plaintiff is entitled to Judgment as a matter of law", they also attached a copy of the Requests for Admissions and Interrogatories and Requests for Production of Documents and a copy of the certified mail they sent with my signature on it.
Off course I still have the certified mail receipt when I sent the response and within the time required.
How do I response to the Motion For Summary Judgment And Brief In Support Thereof?
Do I just send a letter to LBN and the court stating that I did respond to the Admissions/Interrogatories/Production of Documents with a copy of the certified mail?
or, Should I go to the court and file some type of motion? and what motion that would be?
This report was posted on Ripoff Report on 10/24/2008 08:16 AM and is a permanent record located here: http://www.ripoffreport.com/r/LOVE-BEAL-NIXON-PC/Oklahoma-City-Oklahoma-73123/LOVE-BEAL-NIXON-PC-LBN-LBN-Dishonest-And-In-Violation-Of-Collection-Laws-Oklahoma-384394. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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