• Report: #287680

Complaint Review: Love, Beal & Nixon P.C.

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  • Submitted: Thu, November 29, 2007
  • Updated: Sun, December 02, 2007

  • Reported By:Tulsa Oklahoma
Love, Beal & Nixon P.C.
6621 N. Meridian Oklahoma City, Oklahoma U.S.A.

LVNV Funding LLC, Love, Beal & Nixon P.C. Sued by LVNV Funding LLC & Love Beal & Nixon, what is my next step? Oklahoma City Oklahoma

*Consumer Comment: LBN

*Consumer Comment: Pro Se not a good idea

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Looking for some advice as to what should be our next step.

A brief history...My wife and I were contacted by a collection agency representing LVNV Funding in February 2007 about an account in the amount of $6,800.00 that we know nothing about nor belongs to us.

We were first contacted by the Collection Agency Central Credit Services out of Florida, we immediately sent them a certified letters asking for validation and got no response.

Then we were contacted by another collection agency, Resurgent Capitol Services out of South Carolina, each of us sent another certified letter asking for validation and again got no response

Then we were contacted by Weltman, Reinberg and Ries, a collection agency/attorney in Ohio, once again we sent certified letters asking for validation with no response.

Finally we were contacted by Love, Beal and Nixon, collection agency/attorney in our home state of Oklahoma. We sent certified letters to them asking for validation and got one letter back, addressed only to me and not my wife. This so-called validation was just a printout stating that I owed them this money, a name and address of HSBC and an original account number that I have no record of ever having.

In each of these instances we sent certified letters back stating that they had failed to validate the debt and that they must cease and desist and remove it from our credit reports. We have copies of all the letters and return receipts.

On November 12, 2007 we were served with a Complaint and Petition notifying us we were being sued by LVNV Funding LLC, and they are represented by attorneys Love, Beal and Nixon.

On November 19, 2007 we filed our answer with the District Court Clerk in the proper format denying every point on the petition demanding strict proof. We also stated our affirmative defenses and once again asked for proper validation. I recieved the exact same letter they sent to me before, again only to me with only my name on it, no mention of my wife or no seperate letter to her as an answer to the validation request.

There is no doubt in my mind that if properly handled we will defeat these con-men but I want to make sure we do the right thing, short of hiring an attorney to represent us. If this gets to far in and over our heads we will definately hire an attorney but at the moment from the research we have done we feel we can handle this Pro-se.

My question is, what should be our next step? Wait for the Plaintiff to respond to our Answer? Should we file a Motion for Discovery or go straight to a Motion to Dismiss? If we file a Motion for Discovery what should we ask for?

Thank you in advance to any and all who might offer some advice.

Chuck
Tulsa, Oklahoma
U.S.A.

This report was posted on Ripoff Report on 11/29/2007 11:54 AM and is a permanent record located here: http://www.ripoffreport.com/r/Love-Beal-Nixon-PC/Oklahoma-City-Oklahoma-73123/LVNV-Funding-LLC-Love-Beal-Nixon-PC-Sued-by-LVNV-Funding-LLC-Love-Beal-Nixon-wh-287680. 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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Updates & Rebuttals

#1 Consumer Comment

LBN

AUTHOR: Jack Sinn - (U.S.A.)

It is a good thing that you posted about Love,Beal and Nixon.They have a reputation of not following the rules.Maybe they hire so many people to work for them that they simply forget to tell their employees what the rules and laws are.

I myself have dealt with this company here in Oklahoma and it's ironic Hsbc and Lvnv where who they were suing for.They do not follow the rules and I'll tell you this they do expect to win by default and 99 % of the time they do .You can go oscn.net and do some research on their cases and see how many have been won by default and how many when challenged in court they either back down or have the cases dismissed because they have no real proof against the people they sue.

I won and like you I sent my response to their petition and and they sent a limited letter verifying who I was and that was my account.Wrong answer I asked for validation not to verify the account in question.In the validation letter I asked for validation not to verify also asked to show my contract my signatures and proof that I am liable and account balances and payments and also stated that all three of my credit reports showed different amounts that I owed to this company and the date of last payment on one was a year ago I sure did not pay it.


Long story short so far you are doing the right thing just make sure to use the net and any legal advice you can .I did with only the internet and after I filed my motion for discovery oddly enough my case was dismissed they had nothing on me and let me make this clear Love,Beal and Nixon are not in the business to make money.Huh you say they can only collect on what they are out themselfs lvnv. account wrote off from HSBC $6,000 LVNV buys it for say 1 cent on the dollar do the math in reality the answer to the problem there is what you would owe. Some will agrue this and say it's not so .In my case in my letter I asked them to proove that this was the amount I owe and how they came up with this amount and how much they payed for this account and if it was used by the primary company as a tax write off and a little secret most companies who sell the account off dont share account information with these collectors like itemizing naw they wont do that .Do some research on the laws and dont back down from them

Look up their cases and read the transcripts and the letters that were sent to and from and you will get the idea of how and what to do.
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#2 Consumer Comment

Pro Se not a good idea

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

unless you are very familiar with the procedures of the district court.

One small administrative mis-step can cost you a lot of money. Not only do all the i's have to dotted and the t's crossed, they have to be dotted and crossed just so.

""There is no doubt in my mind that if properly handled we will defeat these con-men but I want to make sure we do the right thing, short of hiring an attorney to represent us. If this gets to far in and over our heads we will definately hire an attorney but at the moment from the research we have done we feel we can handle this Pro-se.""

I suggest you consult with a competent attorney familiar with credit issues. Also, since this is district court, you may countersue and seek reasonable attorney fees as well as any other provable damages you have suffered.

I would hire an attorney and file a countersuit. Seems to me that they filed the suit against you knowing (or they should have known) that the debt was not yours or not collectable from you.

There is ONE thing I suggest you try that might persuade them to drop their suit. I would fax them a copy of all the letters you've sent to other collectors to demonstrate that the collectors who preceed them could not validate the debt as yours. This might persuade them to drop the suit against you. You don't mention whether you advised them of previous unseccessful collection attempts which is something I would have done.

If it doesn't and they proceed, I would definitely hire an attorney. Pro Se is very risky in district court.

Have you checked your credit reports for this debt? If it appears on your credit, the previously letters you have sent with no response is more than enough for you to write to the CRAs and have them drop this debt from your reports. Simply write a letter to the CRAs with copies of your previous letters to collectors enclosed.

Good luck.
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