• Report: #246581

Complaint Review: Love, Beal & Nixon

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  • Submitted: Wed, May 02, 2007
  • Updated: Fri, May 04, 2007

  • Reported By:Oklahoma City Oklahoma
Love, Beal & Nixon
6613 N. Meridian Oklahoma City, Oklahoma U.S.A.

Love, Beal & Nixon, LBN Dismissal Without Prejudice Oklahoma City Oklahoma

*Consumer Suggestion: AL

*Consumer Comment: Without Prejudice

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May 2006, my wife was served with a summons stating LBN was representing Midlan Credit Management and she was being sued for some $3K. We immediately sent a dispute letter (certified Mail, two weeks after receiving the summons) and copied the court. 97 days after having acknowledged receipt, LBN provided us with the name of a creditor for the original creditor and notified her that they were going to continue persuing the case. My wife had not, by action or deed, incurred a debt with this credit card company but we think they had purchased the debt from another credit card company.

In November of 2006, LBN sent us a Request for Admissions and Interrogatories. They were wanting her to admit she had incurred the debt. We sent an answer via certified mail and copied the court. We never received the notice that they had picked up the letter nor did we get the letter back.

May 2007, LBN send us a notice that they have moved for a Dismissal Without Prejudice.

Not sure if this is over or if LBN can come back and try to sue on this again.

Al
Oklahoma City, Oklahoma
U.S.A.

This report was posted on Ripoff Report on 05/02/2007 04:23 PM and is a permanent record located here: http://www.ripoffreport.com/r/Love-Beal-Nixon/Oklahoma-City-Oklahoma-73123/Love-Beal-Nixon-LBN-Dismissal-Without-Prejudice-Oklahoma-City-Oklahoma-246581. 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 Suggestion

AL

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

You add one more step to the advice Allen give.

Make the court aware that they did not respond in a timely manner, that ther answer was well outside the time limit

They would have let the court know if it was you who answered 97 days later and moved for summary judgement.
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#2 Consumer Comment

Without Prejudice

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

Al,

Dismissal without prejudice doesn't necessarily mean that it's over. It means that they can bring action again. The fact that they are requesting a dismissal at all means that they can't prove in court that your wife owes the debt. If you really want this to be over forever, you should move the court to dismiss WITH prejudice. That means that they are barred from bring action again, EVER. Let the court know that they couldn't verify the debt to you and that they have no proof that the debt is owed by your wife. They can't even seem to tell you who the original creditor was.

Good luck!
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