• Report: #334713

Complaint Review: Love, Beal & Nixon

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  • Submitted: Sat, May 24, 2008
  • Updated: Wed, December 03, 2008

  • Reported By:del city Oklahoma
Love, Beal & Nixon
P.O. Box 32738 Oklahoma City, Oklahoma U.S.A.
  • Phone: 405-720-0565
  • Web:
  • Category: Lawyers

Love, Beal & Nixon Response To My Motion Sueing for credit card debt from 1998 Oklahoma City Oklahoma

*Consumer Comment: waiting to hear....

*Consumer Comment: waiting to hear....

*Consumer Comment: they are KNOWN FOR FDCPA VIOLATIONS AND BOGUS COURT FILINGS

*Consumer Comment: any news??

*Consumer Comment: Ok, Jayce...

*Consumer Comment: I would like to know what happens with this

*Consumer Comment: all I have to say is

*Consumer Suggestion: Strikes me odd........

*Consumer Suggestion: Strikes me odd........

*Consumer Suggestion: Strikes me odd........

*Author of original report: Trial Date - LBN

*Consumer Suggestion: Oklahoma 3 year Statute of Limitations for credit cards is falsely posted all over the internet.

*Consumer Suggestion: Jayce, you better re-check your "laws" re SOL

*Author of original report: Ok, Motion Trial Day

*Consumer Suggestion: This is how I beat these clowns.

*Author of original report: Also...

*Consumer Suggestion: Jayce, Don't overlokk the obvious.

*Author of original report: Well...

*Consumer Suggestion: Pretty close, JG, nice analysis for a non-lawyer

*Consumer Suggestion: Not a lawyer, but...

*Author of original report: Summon is not fake.

*Consumer Comment: Hmmm....

*Consumer Comment: Mail Service

*Consumer Suggestion: Stop writing to love, beale and nixon

*Author of original report: Posted in Wrong spot

*Author of original report: Here is LBN Response

*Consumer Comment: Sounds to me like you are doing just fine.

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This is the story, last month i got a summons that i was being sued for a credit card i got when i was 17. I filed an answer and petition that i denied it all and asked for validation of debt it went something like this:

Dear Collector:
This letter is being sent to you in response to a notice delivered on 4/21/2008. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692(g) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named title and section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following: a simple accounting of the debt, the name and address of the original creditor, and the original account number, and any signed documentation showing of debt owed. Also, please show me that you are licensed to collect in my state for this debt by either showing canceled check for amount or contract showing amount paid for such debt and provide me with your license numbers and your Registered Agent.
Your anticipated cooperation in this regard is greatly appreciated.
Best Regards,

I hope that is a good response, then all i got back from them was another letter stating when they recieved the account, who the original creditor was and the original account number, and nothing else i requested.

I called around and the original debt by credit card company was wrote off in 2000, with no payments made, LBN says i made a payment in 2003 to a different collection agency then what is sueing me now. I don't remember that payment. I have asked couple times now for a signed contract due to statute in oklahoma is 5 years on signed and 3 years on open/oral.

I get nothing from them accept the same debt validation letter, so i filed a motion to dismiss looks like this:


Motion to Dismiss Due to statue of limitations

Comes now "ME", Defendant herein, And submits his answer and affirmative defenses to the allegations contained in the complaint files against him herein.

FIRST DEFENSE
Defendant would show that the complaint fails to state a claim or cause of actions against him upon which any relief can be granted.

SECOND DEFENSE
Defendant affirmatively alleges that plaintiffs right to maintain this action is barred by the statute of limitations, Laws 1961, p. 105, 3-118; Amended by Laws 1991, SB 25, c. 117, 43, eff. January 1, 1992. (Cite Statute) More than 7 years has now elapsed between 01-17-2000 the date of the original write off, and 04/08/2008, the date plaintiff filed his complaint in this action.

THIRD DEFENSE
And now, answering the allegations of the complaint filed against him, defendant would show the following.

I. Defendant admits the allegations of the complaint that Defendant is an adult resident citizen of "ADDRESS" and disputes the validity of the debt due to plaintiff can not provide any written documentation to support their debt collection attempt or date of default of original creditor.

Just today i recieved a letter back from LBN "Plantiff's Response to defendants motion to dismiss and brief in support"

If need be i can post everything it says, but they are trying to get my motion thrown out and now im kinda at a loss to what i should be doing next or if i did the right things to begin with. I have a court date setup for june for my motion, do i just need to try and gather all evidence (Which isn't much except my credit report) or do i need to respond to this letter also?

Thanks for helping and sorry for long post.

Jayce
del city, Oklahoma
U.S.A.

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This report was posted on Ripoff Report on 05/24/2008 09:03 PM and is a permanent record located here: http://www.ripoffreport.com/r/Love-Beal-Nixon/Oklahoma-City-Oklahoma-73115/Love-Beal-Nixon-Response-To-My-Motion-Sueing-for-credit-card-debt-from-1998-Oklahoma-Ci-334713. 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

waiting to hear....

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

I read that from the Bud Hibbs site as well.

I wish I could afford a lawyer to help me, at least review my motion before I file them, but alas I'm going this one alone.

there is good info on Debt Consolidation Care Forums...good info and helps me a little with research.

I am curious to see how her filings went and the outcome of hearing.....
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#2 Consumer Comment

waiting to hear....

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

I read that from the Bud Hibbs site as well.

I wish I could afford a lawyer to help me, at least review my motion before I file them, but alas I'm going this one alone.

there is good info on Debt Consolidation Care Forums...good info and helps me a little with research.

I am curious to see how her filings went and the outcome of hearing.....
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#3 Consumer Comment

they are KNOWN FOR FDCPA VIOLATIONS AND BOGUS COURT FILINGS

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

GO TO http://www.budhibbs.com/debtcollectorpages/love_beal_and_nixon.htm
Bud Says
This law firm that gives the impression they don't have a clue about what they are doing. Despite that, they flood the State of Oklahoma with questionable lawsuits, fingers crossed that sophisticated consumers or consumer attorneys don't challenge them.

LB&N appears to be severely lacking in the manner in which they approach debt collection law. Their paperwork is sloppy, shoddy, incomplete, lacking in substance and may be, (in several cases) perjured.

Their clients include some of the most disgusting, sleazy debt collectors in America. This includes the ever-slimy World Wide Asset Purchasing, LLC out of Atlanta, for old 'Bank of America' cases and Colorado Capital Investments, Inc. out of Hurst, TX.

Love, Beal & Nixon need a refresher course on the Fair Debt Collection Practices Act (FDCPA). Consumers dealing with LB&N need to realize that perhaps this law firm is NOT as smart as they would think, nor are the court papers they file, always accurate.

Legal debt collecting is NOT for anyone who has a law license and looking for easy money. There is some skill, knowledge and experienced required to become a successful litigator, an area where LB&N appears to be sorely lacking.

If you are being sued by Love, Beal and Nixon on anything associated with Bank of America and/or Worldwide Asset Purchasing, DO NOT ignore their court summons. They are hoping you will lose by default, when you may be able to show them you are smarter than they are.

Having a law license does NOT necessarily mean that you are smart. It just means that...you have a law license!
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#4 Consumer Comment

any news??

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

I myself am dealing with LB&N. Although I've not been served the summons, my friend found out online that they filed suit against me Nov 13th. I have never talked to them, got mail from them....nothing.

Matter of fact, United Recovery Systems had my account in July, Aug, at least until I sent them a certified mailed DV letter. Then all of a sudden a lawsuit from LB&N.....weird.

I'm curious to see how this panned out...

Thanks,

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#5 Consumer Comment

Ok, Jayce...

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

What happened in court?
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#6 Consumer Comment

I would like to know what happens with this

AUTHOR: Sd-sand Springs, Ok - (U.S.A.)

I too am in the same situation. I got served on an old debt and I appreciate your comments. I just filed my answer yesterday at the court house and am anxious to hear how this plays out.

Thanks

sd sand springs
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#7 Consumer Comment

all I have to say is

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

Kick these bottom feeder collectors to the curb then win!
I did it and so can you
Visit www.budhibbs.com if you need an attorney - he has a link there
Make them look like the jackasses they are in court! Good luck and keep fighting!
Stacey
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#8 Consumer Suggestion

Strikes me odd........

AUTHOR: Sst047 - (U.S.A.)

that you were able to get a credit card at the age of 17. In the state of Oklahoma the age of majority is 18, therefore, any contract entered into prior to the age of 18 is not binding, so any debt could not be collected on.

Maybe I'm missing something here.
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#9 Consumer Suggestion

Strikes me odd........

AUTHOR: Sst047 - (U.S.A.)

that you were able to get a credit card at the age of 17. In the state of Oklahoma the age of majority is 18, therefore, any contract entered into prior to the age of 18 is not binding, so any debt could not be collected on.

Maybe I'm missing something here.
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#10 Consumer Suggestion

Strikes me odd........

AUTHOR: Sst047 - (U.S.A.)

that you were able to get a credit card at the age of 17. In the state of Oklahoma the age of majority is 18, therefore, any contract entered into prior to the age of 18 is not binding, so any debt could not be collected on.

Maybe I'm missing something here.
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#11 Author of original report

Trial Date - LBN

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

Well trial is going to be on oct 2nd, at 9am, so we will see how it all goes. so far doesn't look good.
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#12 Consumer Suggestion

Oklahoma 3 year Statute of Limitations for credit cards is falsely posted all over the internet.

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

The Oklahoma 3 year Statute of Limitations for credit cards is falsely posted over the internet.

If anybody researches Oklahoma Contract Law it clearly defines any written contract {in writing} = 5 year Statute of Limitations. Any oral contract = 3 year Statute of Limitations.

I have tried the defenses of definitions of a credit card contracts versus written contracts. In my novice experience, these defenses are inconclusive.

After searching hundreds of court records, I have never found a case in Oklahoma where a Defendant has successfully prevailed in the Oklahoma court system solely from using the 3 year Statute of Limitations defense for credit card debt.

I have found cases where Defendants appeared at a scheduled hearing, a representative of Love Beal & Nixon failed to appear. These cases were dismissed due to failure to prosecute.

I have found cases where Defendants properly filed motions to dismiss or strike. These motions were granted due to the Plaintiff's lack of admissable evidence. {No signed contract}.

I have found cases where Defendants had layered defenses a mile long forcing Love Beal & Nixon's clients to simply give up and dismiss the case.

A layered defense is similar to this = defense strategy A - defense strategy B - defense strategy C - defense strategy D etc.

For Love Beal & Nixon to secure a Judgement against a Defendant, Love Beal & Nixon must overcome every defense strategy a Defendant challenges.

If Love Beal and Nixon cannot overcome one defense stategy, the judge has to dismiss the case.

If your only defense strategy is the Oklahoma 3 year Statute of Limitations for a credit card debt. Good luck without an attorney.


I am a bona-fide moron and not smart enough to be a lawyer. I do believe the Statute of Limitations defense is a thorn in Love Beal & Nixon's side. {No here near their achilles tendon}.

Thanks to the nice people who posted over the internet the false information of the Oklahoma 3 year Statute of Limitations for credit card debt. They duped me and thousands of others.
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#13 Consumer Suggestion

Jayce, you better re-check your "laws" re SOL

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

Jayce,

The SOL in OK is 5 years for all civil debt matters.

There is no 3 year SOL. You got bad information somewhere.

5 years. Not 3.

Trust me on this one.

Been there. Done that.
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#14 Author of original report

Ok, Motion Trial Day

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

Ok well today is motion trial day so when i get home i will fill everyone in on what happened, also just incase they don't take my dismissal can someone help me out with how to write a motion for discovery request?

I got the other motions from google, but can't seem to find one for discovery, any help is really great, thanks will post more later tonight on how court went.
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#15 Consumer Suggestion

This is how I beat these clowns.

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

If the judge denies your motion to dismiss. The judge will most likely instruct you to schedule a status conference or pre-trial with Love Beal & Nixon.

Immediately file a motion for discovery. In your motion for discovery, demand the Plaintiff to produce a signed contract with your signature. Use Steve's advice and demand the Plaintiff to disclose the amount in USD dollars the plaintiff paid for this alleged debt.

Take the advice from people who are successful. Any Pro Se defendant who weasles out of seven lawsuits in a row is successful in my pamphlet.

Love Beal & Nixon will not produce a contract nor will they disclose the amount the plaintiff paid for this alledged debt.

After 4 to 6 weeks when you do not receive your discovery request, file for a motion to compel. The judge will order Love Beal & Nixon to produce your discovery request within 30 days.

Now Love Beal & Nixon has a problem. Love Beal & Nixon only has two cards left.
1. Hoping you settle at the pre-trial status conference. 2. Sending interrogatories, admissions & discovery hoping you will slip and admit you owe the alleged debt.

It is not uncommon for Love Beal & Nixon to file for a summary judgement on the basis there is no substantial controversy to any material fact after receiving interrogatories, admissions & discovery. Deny everything.

When Love Beal & Nixon receives your interrogatories, admissions & discovery, and everything in it is denied. They will give up and send you a letter stating that the lawsuit has been dismissed without predjudice.

This is how I beat these clowns.

I have searched hundreds of cases on oscn and odcr. I have never found a case where Love Beal & Nixon has successfully gone to trial.

Trial is too costly. Time & money. Love Beal & Nixon focuses on the money making bread & butter deals. Your case is not in that category. You are one tally mark on Love Beal & Nixon's chart boards.
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#16 Author of original report

Also...

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

Yes the statute of limitations is 5 years in oklahoma on written contracts, oral/open is only 3 years, and seeing how i can't even get a copy of any contract from the original card holder, i doubt they have one either.

So i can use the 3 year defense and not the 5 year, but they said i made a payment in 2003, which i did not, but they will have to prove that.

But i have a motion to dismiss hearing on june 13th, until then i am just in the waiting period.
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#17 Consumer Suggestion

Jayce, Don't overlokk the obvious.

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

Jayce,

First of all, you need to address the STATUTE OF LIMITATIONS issue. The SOL in OK is 5 years from default date. Has it been more than 5 years since you defaulted?
If so, that is your defense, but you must assert it yourself.

Second, the legal burden of proof is always on the collector to prove you owe the debt to THEM. You never have to prove that you don't owe a debt.

Be aware that Love, Beal, and Nixon are also JUNK DEBT BUYERS. "Great Seneca" is an alias they operate under, as well as others.

They have sued me twice, and both times I beat them.

They are genuine lowlife idiots.

Good luck!

ps. Communicate only in writing, and only by certified mail, return reciept requested. be sure to put the certified# on the letter itself and keep a copy for your records. Also, NEVER sign anything you send to a debt collector / JUNK DEBT BUYER, as your signature will most likely then end up on a "contract".

Have fun with these idiots.

Find some small reason to file a Bar Association complaint against them. It keeps them busy, and drags their name through the mud. It builds a history for others. I file Bar Association complaints against every lawyer that comes after me. Make it up if you have to. Play by their rules! Be dirty!!
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#18 Author of original report

Well...

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

Well im not sure how this will all go, but today i did recieve a letter from the credit office to settle my debt for half of what i owe, which did not come from a lawyer or anything, came straight from the office.

And my motion came after my original response, i did not put a motion in with my response, i first filed a debt validation letter, then after 3 weeks of only getting a letter saying they own the debt and nothing more, then i filled my motion to dismiss.

I would of thought they had my address is why i didn't put it on the original letters i sent to them, hell they are sueing me they should know where i live, they served me.

Im hoping the judge will see past my errors and just here me out, and if i lose the motion to dismiss, only thing i can go for is the debt validation or to settle.
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#19 Consumer Suggestion

Pretty close, JG, nice analysis for a non-lawyer

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

Generally, when a defendant to a lawsuit (aside from small claims) is served with the summons and complaint, he has three options: he can either answer the complaint (which the OP did), file a dispositive motion (which the OP did), or both (which the OP did).

If you have a dispositive motion to file, you are better off filing that instead of, and without the answer.

The Federal Rules of Civil Procedure, which most states follow, allows for the filing of a motion to dismiss based on failure to state a claim for which relief can be granted at any time during the proceedings. If you're going this alone, research your state's rules of civil procedure. I highly doubt that the law requires you to file such a motion BEFORE an answer.

However, this is kind of a moot point because you are going to lose on that part of your motion. They most likely HAVE stated a claim for which relief can be granted. This phrase only refers to whether the plaintiff has plead all of the elements of the claim. In a collections case, they merely have to state that 1) you requested certain goods or services; 2) you were extended goods or services; 3) you had a duty to pay for these goods or services; and 4) that you failed to pay. If their complaint states all of these things, your "no cause of action" motion will fail.

As regards the statute of limitations, you need to do some research and find out when the clock begins to run in your state. Your argument is that it begins to run once the account is charged off. Theirs is that it starts to run from the date of your last payment. I don't know what your research will reveal, but your argument, at least in my mind, is the better reasoned. But what I think is irrelevant.

I also think you're missing the one defense that will most likely give you a victory in this case: INFANCY. People under 18 years old lack the legal capacity to enter into binding contracts. If you got this card when you were 17, the underlying contract is void, and the debt is invalid.

And no, you do not have to respond to their reply brief. Just do your research, be VERY well prepared, and defend your motion before the judge.

Best of luck!
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#20 Consumer Suggestion

Not a lawyer, but...

AUTHOR: J G Shrugged - (U.S.A.)

It sounds like they will probably win because they are following legal procedure. If you don't follow the proper procedure to the letter (which can include your address on each and every response), then the judge will side with them.

And I think your motion will probably fail because I think they are right about you can't make a motion in your response to the original summons. That would have to be a separate action. See a lawyer ASAP. Otherwise they will win by default and you probably won't be able to raise a SOL defense again after they win.
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#21 Author of original report

Summon is not fake.

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

I can tell alot of people just briefly looked over what i posted, i do have a court date set for my motion to dismiss, the thing i posted was their reaction to my motion, i was just needing to know if i needed to respond to their reaction or if i just sit it out and wait for my motion hearing.

Ya i have called the original CC holder, they can't tell my anything due to being so long ago would take them awhile to dig up the records, but i have them working on it just incase.

Like i said i never thought i payed anything on this card and without any contract they have to go by the 3 year statute i hope, never know with things now adays, i can read all i want and still not get it right when the time comes.

Im just hoping that if i don't get it dismissed i can get it to where i pay them nothing seeing how they debt is not actually theirs, they knowingly purchased a debt and seeing how they don't loan money they should not be able to collect on the interest, but should only be able to sue for what they actual lost, which is nothing due to they knew it was a debt.

Any help is always welcome, just please try and post if you have something special to point out, not just rant.

Thanks....
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#22 Consumer Comment

Hmmm....

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

Something I notice.

Jayce, you asked them for the name and address of the original creditor. You also say you are being sued for a credit card you obtained when you were 17.

That tells me you know what credit card company this is. Call them and find out if they know anything about this. About two years ago my husband started recieving collection notices and threats. It was for an old Mobile Oil Gas card he hadnt used in years. He found the CC company phone number online and called them. They didn't even have him in their computer anymore. They called back 3 days later and said they had to go far back in files. In 1990 his bill was $11.99, he paid it on time and there was no record of the card ever being used again.

They said researching this they found this is a new scam going on. They asked him to fax copies of these collection notices which he did. I don't know what they did with it but I do know we have never heard from the scammers again.

Another idea, you said you were 17. Check what the state and federal laws were back then about a minors ability to obtain credit.
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#23 Consumer Comment

Mail Service

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

""It's probably phony, summons are NOT delivered by mail, but by either a Sheriff, or other person IN PERSON, if it's fake, you've got them for a host of Crimes.False summons is only the beginning.""

In many jurisdictions for minor civil actions, service by mail is acceptable.

It would be wise to contact the clerk of the court and obtain copies of all documents filed if there really is a suit filed.

If there is no suit filed, then there are multiple violations of the FDCPA that come into play and a suit against them in District Court would be appropriate.
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#24 Consumer Suggestion

Stop writing to love, beale and nixon

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

You need to write directly to the court, not these shystrers, they'll say anything to get you thinking there's no hope.

The original summonws should say what court, where it's located and some address to reply.

If theres no such information, the "Summons" is fake.

It's probably phony, summons are NOT delivered by mail, but by either a Sheriff, or other person IN PERSON, if it's fake, you've got them for a host of Crimes.False summons is only the beginning.

Here's what to do.IF IT'S A FAKE

If this was NOT delivered in person it's most probably a fake,
First, hire a lawyer, (Any Fake Summons really pisses off judges) this allows lawyers to collect from beale etc, and lawyers will jump at it.

IF IT'S REAL

Contact the court that issued the summons directly, if this is in another state, GET A LAWYER.

IN EITHER CASE do not contact these shysters again, they are the enemy, save ALL paperwork they sent you, especially the letter you reprinted here saying the statuite of limitations wasn't applicable,that's a flat lie.

GOOD LUCK
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#25 Author of original report

Posted in Wrong spot

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

Sorry i posted in wrong spot this my first time using this website, so my comment should show up under consumer comments.
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#26 Author of original report

Here is LBN Response

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

So far i am doing this all on my own, just using google, and statute website. So do i need to respond to this letter i recently got or just wait for my motion to dismiss court date? Here is what LBN sent me.

"Plantiff, Excel Acquisitions, LLC, herby responds to the motion to dismiss filed by defendant, "ME", as follows:

1. To the extent the motion to dismiss also purports to be defendant's answer to the petition, the motion must be denied as untimely. A motion to dismiss for failure to state a claim upon relief can be granted must be brought before a responsive pleading if filed. 12 O.S. 2012(b). Because defendant's motion has been brought contemporaneously with his answer, rather than before it, the motion is untimely and must be denied.

2. Alternatively, and only in the unlikely even the court addresses defendant's motion on its relative merits, expiration of the statute of limitations is an affirmative defense, which must be both pled and proven by the party asserting it. 12 O.S. 2008(C)(18).

3. In the present case, defendant attempts to utilize the date of "charge-off" as the date upon which the statute of limitations began to run. This date has nothing to do with the statute of limitations, as it is nothing more than the recording of an interal accounting procedure. Plantiff has recorded the last payment date on the account at issue as July, 28, 2003. The present action was filed on April 8, 2008, within five years of last payment, and is therefore timely pursuant to the applicable statute of limitations. 12 O.S. 95(A)(1).

Wherefore, plantiff, excel acquisitions, llc, request that defendant's motion to dismiss be denied in all things."

They also go on to say i never mentioned a payment, which i don't recall making specially one day after my birthday which is on july 27th, and also state that i forgot to put my address on the motion and response that i sent, but yet they are sueing me and served me papers should know where i live.

So do i need to respond to this letter they sent, or do i need to just wait till my motion to dismiss court date in June and address all of it there?

The way im seeing it is they have no written documentation or they would of sent it to me which should fall under the 3 year statute for oklahoma if i am correct please let me know. And if not then the debt validation defense is still in play as well. Thanks in advance.
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#27 Consumer Comment

Sounds to me like you are doing just fine.

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

Please post the letter from LBN. I would love to see what their response is.

are you working with an attorney or doing this pro se?

stick to your guns.. LBN is going to have to prove that you owe this money.
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