• Report: #439026

Complaint Review: Love Beal & Nixon (Midland Funding)

  • Submitted: Mon, March 30, 2009
  • Updated: Mon, October 11, 2010

  • Reported By:oklahoma city Oklahoma
Love Beal & Nixon (Midland Funding)
6613 N Meridian Oklahoma City, Oklahoma U.S.A.
  • Phone: 405-720-0466
  • Web:
  • Category: Lawyers

Love Beal & Nixon (Midland Funding) Received Summons from Love Beal & Nixon --Being Sued by Midland Funding Oklahoma City Oklahoma

*Consumer Comment: Watch out!

*Consumer Comment: Tara please read this...

*Consumer Comment: If I Were You

*Consumer Comment: Know your Rights

*Consumer Comment: Robert is correct -YOU HAVE TO BE VERY CAREFUL

*Consumer Suggestion: Tara - be careful.

*Consumer Suggestion: Tara - be careful.

*Consumer Suggestion: Tara - be careful.

*Consumer Suggestion: Tara - be careful.

*Consumer Suggestion: Hello

*Consumer Comment: Advocacy groups

*Consumer Suggestion: this is not a junk debt

*Consumer Suggestion: There Are Solutions!

*Consumer Suggestion: You cant fight this

*Consumer Suggestion: go www.budhibbs.com

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I received a summons early Sat. morning from Love Beal & Nixon. They are representing the company I am being sued by, Midland Funding. I am being sued for the amount of $3200 for a defaulted credit card balance. In 2000 whilst being a student, I opened a visa card with Chase and charged a total amount of $1700 by 2002, since then through 2007 I made monthly payments of around $90. I lost my job at the time and wasnt able to make any further payments thus resulting a delinquent account. Within months my account was sold to Midland Funding, and now to Love Beal & Nixon. By the time I was able to make arrangements I was told it was too late, was given an exceeding balanace and now I am being sued. To be honest, Chase got their money's worth. They made triple the amount just from the interest. And I am sure they then used my delinquency as a tax write-off. I am needing some assistance to what I can do. I can't come up with an amount of $3200 within a matter of weeks to settle this. Should I deny this and try to fight this? Due to it being only less than two years since I made my last payment, do I have much luck in fighting this? I wonder if Love Beal & Nixon or Midland Funding can prove that I am liable. Please help. Thank you.

Tara
oklahoma city, Oklahoma
U.S.A.

This report was posted on Ripoff Report on 03/30/2009 08:23 AM and is a permanent record located here: http://www.ripoffreport.com/r/Love-Beal-Nixon-Midland-Funding/Oklahoma-City-Oklahoma-73123/Love-Beal-Nixon-Midland-Funding-Received-Summons-from-Love-Beal-Nixon-Being-Sued-439026. 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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#1 Consumer Comment

Watch out!

AUTHOR: Tiredkitten - (USA)

Oh, I have been sued by this company too.  Mostly they have no proof of you owing anyone anything, much less them. 

I was defending myself pretty good, I guess they were feeling the pressure  to dismiss since they had no proof.  I answered all their discovery documents and they didn't have much more they could do so it ends up that the judge (no one chooses to believe me, I mean after all aren't ALL JUDGES honest and straight up?) and the attorney from Kramer & Frank moved the court hearing up 2 months and took a default judgment against me.

There is no way I would have not shown up because I always did before so no way would I have quit and let them win.  then I found out by looking online to see how some of the other cases went that there was a default against me.

I have filed complaints with various authorities and have a few more to go.  NOT going to let this drop.

Disreputable, take care !  The net is full of stories about these lowlifes.
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#2 Consumer Comment

Tara please read this...

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

i have gotten a letter from love beal & nixon. on  CC debt from years ago. i had harrassing phone calls,then some LOSER process server showed up at my Front door at 11 pm.so here is what i did.

 

i sent a certified letter to L/B &N.

i asked for the original debt amount

when it took place

who the debt was with

how long the account was open.

i had my name address and city and state and zip included.

make sure they sign for it.will take about 15 days.once you get it back

you can fight the case or pay it. i made them prove it was my debt,remember the original company who issued the Credit card is out of the picture. love beal & nixon does not like this  becuase it adds time to there claim aginst you.but they have to comply. in my case i fought it and won becuase of threats and hrassment and the P/S showed up after 11pm stayed to after 12am,i had to call the cops to get rid of him. he was even looking in my kids bed room window on the side of the house.  use the info off bud hibbs.com

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#3 Consumer Comment

If I Were You

AUTHOR: lizard - (United States of America)

I would ask for a document stating that the debt is valid.  And if I were you I would  check the account number verse the number of the original debt.  Also If this was 10 years ago, the debt's statute of limitations has run out.  The biggest issue is to show up to court or they will award a default judgement and you are screwed then. 

 

Also, Bud Hibbs has some great documents on his website!

 

I hope this helps.

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#4 Consumer Comment

Know your Rights

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

Tara, go to the FTC website, you will find all kinds of great information there. I am in the process of disputing charges with midland for my mother. The credit card that they bought had been my fathers after they divorced, and he has since passed away. They were attempting to get her to pay the debt, still. The FTC has people that can inform you of all the laws, and have the information to help you fight without having to hire an attorney, causing you another bill.
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#5 Consumer Comment

Robert is correct -YOU HAVE TO BE VERY CAREFUL

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

That is why I referred you to the Bud Hibbs website.

The issue is more to do Love Beal and Nixon and their tactics.

YOU NEED AN ATTORNEY!

One that is qualified to deal with debt collection issues - not all attorney's are.

Yes - he is a consumer advocate but he has a lot of information and links to qualified attorney's that can help you.
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#6 Consumer Suggestion

Tara - be careful.

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

""I will be able to pay this off in a year by making payments but will have a judgment on my credit for seven years.""

Your premise is INCORRECT. A civil judgment against you can remain on your credit report for as long as the statute of limitations for money judgments in the State in which the court the awarded the judgment resides.

Example: The SOL in NY for money judgments (civil court awards) is 20 years. A money judgment against you can be listed on credit reports about you for 20 years from the DATE THE COURT MADE THE AWARD - NOT 7 years as you seem to believe. I suggest you consult with an attorney who knows consumer credit issues to learn of your options to resolve this matter, including the risks and ramnifications of losing a civil proceeding as well as the SOL for civil awards made by whatever court adjudicates this alleged debt.

Good luck.

Refer to the Fair Credit Reporting Act, Section 605, paragraph (a)(2).

605. Requirements relating to information contained in consumer reports [15 U.S.C. 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
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#7 Consumer Suggestion

Tara - be careful.

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

""I will be able to pay this off in a year by making payments but will have a judgment on my credit for seven years.""

Your premise is INCORRECT. A civil judgment against you can remain on your credit report for as long as the statute of limitations for money judgments in the State in which the court the awarded the judgment resides.

Example: The SOL in NY for money judgments (civil court awards) is 20 years. A money judgment against you can be listed on credit reports about you for 20 years from the DATE THE COURT MADE THE AWARD - NOT 7 years as you seem to believe. I suggest you consult with an attorney who knows consumer credit issues to learn of your options to resolve this matter, including the risks and ramnifications of losing a civil proceeding as well as the SOL for civil awards made by whatever court adjudicates this alleged debt.

Good luck.

Refer to the Fair Credit Reporting Act, Section 605, paragraph (a)(2).

605. Requirements relating to information contained in consumer reports [15 U.S.C. 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
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#8 Consumer Suggestion

Tara - be careful.

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

""I will be able to pay this off in a year by making payments but will have a judgment on my credit for seven years.""

Your premise is INCORRECT. A civil judgment against you can remain on your credit report for as long as the statute of limitations for money judgments in the State in which the court the awarded the judgment resides.

Example: The SOL in NY for money judgments (civil court awards) is 20 years. A money judgment against you can be listed on credit reports about you for 20 years from the DATE THE COURT MADE THE AWARD - NOT 7 years as you seem to believe. I suggest you consult with an attorney who knows consumer credit issues to learn of your options to resolve this matter, including the risks and ramnifications of losing a civil proceeding as well as the SOL for civil awards made by whatever court adjudicates this alleged debt.

Good luck.

Refer to the Fair Credit Reporting Act, Section 605, paragraph (a)(2).

605. Requirements relating to information contained in consumer reports [15 U.S.C. 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
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#9 Consumer Suggestion

Tara - be careful.

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

""I will be able to pay this off in a year by making payments but will have a judgment on my credit for seven years.""

Your premise is INCORRECT. A civil judgment against you can remain on your credit report for as long as the statute of limitations for money judgments in the State in which the court the awarded the judgment resides.

Example: The SOL in NY for money judgments (civil court awards) is 20 years. A money judgment against you can be listed on credit reports about you for 20 years from the DATE THE COURT MADE THE AWARD - NOT 7 years as you seem to believe. I suggest you consult with an attorney who knows consumer credit issues to learn of your options to resolve this matter, including the risks and ramnifications of losing a civil proceeding as well as the SOL for civil awards made by whatever court adjudicates this alleged debt.

Good luck.

Refer to the Fair Credit Reporting Act, Section 605, paragraph (a)(2).

605. Requirements relating to information contained in consumer reports [15 U.S.C. 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(2) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.
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#10 Consumer Suggestion

Hello

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

Thank you everyone for your opinions and suggestions. Adam, I am indifferent to your quick judgment of my morality. I never used the cc as a form of free money. Chase has gotten their money multiplied by 4. Plus they have used my case as a tax write off and then sold to Midland Funding. How much did Midland Funding purchase my delinquent account? I just want things to be fair. I am wanting to make payment arrangements but Love Beal & Nixon will put a judgment on my credit regardless and that is what I am trying to avoid. I will be able to pay this off in a year by making payments but will have a judgment on my credit for seven years. They need to be a little reasonable and empathatic to ones who are trying and willing to work this out.

The main element that differentiates my case from others is the time frame. So, Adam if my last payment was five years ago, yes that would give me more rights legally, but does that elevate my level of morality?? I am browsing through similar cases and I am finding that I may be able to beat this. Maybe, but it is worth a try. Chase is not suing me, Midland Funding is. And the question is whether or not if they can sue me and sue more for what they paid to Chase?! Their proof of documentation that I signed a contract and so on...Have a great day everyone. Tara
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#11 Consumer Comment

Advocacy groups

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

advocacy groups are for people who were ripped off by a company after they signed a contract or had an agreement in writing and the company then decided to change the terms or the terms were extremely vague. when it comes to credit cards its pretty much black and white as far as what you pay and what your interest rate is. What it sounds like the original author is saying is that she had a card used it and lost her job quit paying on it and it was sent to collections. No consumer group is gonna touch that. I talked to my lawyer and he said that a credit card company can charge the orginal amount plus the accrued interest and penalty fees up to the moment it was turned over to the debt collecter and possibly longer. Chase is notorious for jacking up your interest rate for penalty fees and yes it says how much your interest rate will go up if u have penalty fees tacked on. It says it in that slip of paper you get with your card. The problem is nobody bothers to read that info they just see free money. Now i dont work for chase or a debt collecter, im a nurse. i put that out htere before anybody accuses me of being one of the two. And yes they can take you to court the are not frivolous lawsuits you owe these people money. try to work something out with them and see if they will settle for a lesser amount. when you use that card you are agreeing to everyhting on that piece of paper or little brochure that has your rates and terms on it. Next time read the terms before you spend that plastic money.
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#12 Consumer Suggestion

this is not a junk debt

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

The OP stated that they debt is only 2 years old so it is not a "Junk Debt".
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#13 Consumer Suggestion

There Are Solutions!

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

Midland Funding LLC is one of the biggest Junk Debt Buyers around...They are directly responsible for the filing of thousands of frivolous lawsuits every month...Love Beal and Nixon of Oklahoma City is one of the biggest Debt Collection Firms in the Midwest they to are responsible for filing about 400 frivolous lawsuits per month...There are solutions to your problem and Consumers do have rights!(((Redacted)))is a great website and they will answer any questions that you may have.


CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
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#14 Consumer Suggestion

You cant fight this

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

I dont see how this was a rip off to you. you recieved the card you used the card to charge 1700 dollars then lost your job. As much as that sucks the credit card company is not obligated to show you leniency on your debt. Chase has the right to sue you for all the past debt plus any interest that accrues. when you pay the minimum payment that is basically paying the interest. There is no one that can really help you with this. your going to get a judgment put on your credit report unless you can come up with 3200 dollars . Dont ever get a credit card with Chase they are one of the worst along with Citibank Both of these companies dont work with you especially when times are hard like they are now. Unfortunately you will have to bite the bullet. I would try calling the person who is suing you and work out a payment plan with them to avoid going to court. just so you know judgments take 7 yrs to come off your credit report and you take a huge hit. believe me i know. good luck
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#15 Consumer Suggestion

go www.budhibbs.com

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

This consumer advocate website deals with this type of issue. You can get advice and they offer links to attorney's qualified to deal with debt collections. You need legal help at this point and this is where to start..

DO NOT AGREE TO MEDIATION!

Mediation is a rip-off for the consumer....
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