• Report: #200724

Complaint Review: Love, Beal And Nixon

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  • Submitted: Wed, July 12, 2006
  • Updated: Sat, July 29, 2006

  • Reported By:Oklahoma City Oklahoma
Love, Beal And Nixon
6621 N. Meridian Avenue Oklahoma City, Oklahoma U.S.A.

Love, Beal And Nixon, LBN Lawsuit representing Midland Credit Management Oklahoma City Oklahoma

*Consumer Comment: Answer the summons

*Author of original report: What do you respond with?

*Consumer Suggestion: Al...You MUST respond to the court!

*Author of original report: I would love to see them produce a phone conversation recording

*Consumer Suggestion: AL,...I beat LBN...Here's what you do..

*Consumer Suggestion: Time for some fun

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17 May 06, was presented with a summons from LBN. States they are suing on behalf of Midland Credit Management. Seems both of these companies are mentioned quite often in this site.

On 23 May, talked to a Tracey, rep of LBN. Stated that if we did not make a satisfactory arrangement with them during this conversation, they would be taking the case up with the courts the following week. I advised I had 35 days to respond to the court or 30 days to challenge. Stated that we are prepared to make a deal if we owe the debt.

By 25 May, We recieved a document(Agreed Journal Entry of Judgment) that gave the terms along with another document requesting additional information. This is my wife's debt, by the way. In the additional information document, It asked for her basic work information etc. but also asked for information on other family memebers.
At this point, we decided to dispute the debt. We never returned their paperwork.

We mailed the request for debt validation on 30 May. Houston Molinar signed for the letter on 2 Jun. The letter requested: Please explain the nature of the alleged debt - that is, what the money I allegedly owe is for; Please provide an accounting explaining how you calculated what you allege that I owe; Please provide me with copies of any contracts or documents which form a basis for the alleged debt; Please provide me with the name and address of the original creditor.

On or about 20 Jun, I got a letter from LBN stating they had they had sent our request to Midland and would forward us any response. That letter was dated 19 Jun.
I have two questions: 1:Do they not only have 30 calendar days to respond to the dispute? 2: When does this countdown begin. It would seem that it would begin when LBN got the letter since they are able to act as an agent in collecting the debt and making payment arrangements. 3:What do I do now that the 30 days have expired?

Thanx

Al
Oklahoma City, Oklahoma
U.S.A.

This report was posted on Ripoff Report on 07/12/2006 03:45 PM and is a permanent record located here: http://www.ripoffreport.com/r/Love-Beal-And-Nixon/Oklahoma-City-Oklahoma-73116/Love-Beal-And-Nixon-LBN-Lawsuit-representing-Midland-Credit-Management-Oklahoma-City-Okl-200724. 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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REBUTTALS & REPLIES:
0Author 6Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Answer the summons

AUTHOR: Chris - (U.S.A.)

If a summons has been served you must answer it within the 35 days of service. This answer should address all 4 points of their form petition and include any affirmative defenses you could claim. It should be sent to LBN and the court.

It is important to include your affirmative defenses in your answer and any reasonable counterclaims.

There are a lot of resources on the internet if you spend the time to find them that will help you immensely. OSCN /org contains all the rules of civil procedure you will need to read. If you fight them and comply with the rules, you will likely win. Those that loose against LBN don't spend the time to figure out how to win, get scared and ignore correspondances, or rely on erronious information. Keeping off the phone with LBN is also very important.

As Steve said, they look for the easy money. Follow the rules and call BS when you see it (there is usually plenty to call) and you should succede. If they have the proof, they may win, but they usually don't. Answering timely and responding to admission requests is imperative. If you have a valid counterclaim and send your own reasonable discovery requests, expect an offer for mutual dismissal.
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#2 Author of original report

What do you respond with?

AUTHOR: Al - (U.S.A.)

Ok, now I have to respond, how do I respond at this point? What do I say...The bottom feeders haven't proven I owe them the money in 30 days, therefore I don't? What do I say?
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#3 Consumer Suggestion

Al...You MUST respond to the court!

AUTHOR: Steve - (U.S.A.)

AL,

Failure to respond to the court could get them a default judgement aginst you.

The summons tells you that you have to respond to both the court and the plaintiff within 35 days.

Do it now!!
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#4 Author of original report

I would love to see them produce a phone conversation recording

AUTHOR: Al - (U.S.A.)

I thought it was illegal to record a conversation without the knowledge of BOTH parties. I was NEVER advised the conversation could be recorded. What would I do if they attempted to submit such a recording into evidence? Also, I gave the court a copy of the letter my wife sent to LBN to file with the suit. We did not formally answer the court because we had contacted LBN with the dispute.

Thanx,
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#5 Consumer Suggestion

AL,...I beat LBN...Here's what you do..

AUTHOR: Steve - (U.S.A.)

Al,

These jerks are easy to crush! I don't think they could actually find their way into a courtroom.

Anyway, STAY OFF THE PHONE!! This is imperative. Use only certified mail, return reciept requested. Put the certified# on the letter itself.

Be sure you respond in writing by this method to the summons. Respond to both LBN and the court itself in this manner. Clearly dispute the debt, and also state that they refused to properly validate prior to filing the lawsuit.

LBN are JUNK DEBT BUYERS also. Beware of this, they may have purchased the debt from Midland as Midland are JDB also.

You have the right to demand proof they own the debt or even that they are under contract to collect it.

You also have aright to see whatever contract created the alleged debt as well as an account history. It is important that they can prove what state the alleged original agreement was signed in as this determines the statute of limitations to determine if the debt is even legally collectable.

The SOL in OK is 5 years.

Remember, NEVER speak to them on the phone. If they recorded that conversation where you said you were ready to make a deal if you owe the debt...that could be used against you as validation of the debt. Trust me, they are not above forgery or altering a tape.

They are scum. Real lowlife.

ps..It is really just Love, and Beal. Nixon has been dead for about 15 years. I lived in MWC.
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#6 Consumer Suggestion

Time for some fun

AUTHOR: Jim - (U.S.A.)

Since they didn't respond in the alloted 30 days, by federal law, (the FDCPA), they can not go forward with a lawsuit. IF they attempt this, go do court and tell the judge that the case is not ripe, that you gave them the required 30 days to verify the debt and that they have failed to respond.

At that point, the FDCPA, "Fair Debt Collection Practices Act", requires all legal action to stop or LBN will be in violation of FEDERAL LAW.

The constitution states that if there is a conflict between federal law and state law or city law, Federal law will prevail (win) and it trumps local law.

That little tidbit was in case they try the "well this isn't a federal court" bit.

Finally, find a good consumer lawyer - make sure he is well versed in consumer law or he'll be over his head and end up charging you way more than you need to be charged.
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