unexpected
  • Report: #187498

Complaint Review: Love, Beal & Nixon

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  • Submitted: Wed, April 19, 2006
  • Updated: Tue, November 20, 2007

  • Reported By:Lawton Oklahoma
Love, Beal & Nixon
6621 North Meridian Oklahoma City, Oklahoma U.S.A.

Love, Beal & Nixon Dishonest And In Violation Of Collection Laws ripoff trying to collect money on lawsuit not filed yet ripoff Oklahoma City Oklahoma

*Consumer Suggestion: Don't sweat the "without prejudice" too much.

*Consumer Suggestion: Don't sweat the "without prejudice" too much.

*Consumer Suggestion: Don't sweat the "without prejudice" too much.

*Consumer Suggestion: Don't sweat the "without prejudice" too much.

*Consumer Suggestion: Oh oh

*Consumer Suggestion: Ethics Complaint

*Consumer Suggestion: I got a dismissal

*Consumer Comment: Chris -thanks for discovery info

*Consumer Comment: Chris -thanks for discovery info

*Consumer Comment: Chris -thanks for discovery info

*Consumer Comment: Chris -thanks for discovery info

*Consumer Suggestion: Admission Requests

*Consumer Suggestion: A challenge to AMY the PARALEGAL regarding your post

*Consumer Suggestion: Now it's time for Amy-MN to pay attention! I never said that!

*Consumer Suggestion: Now it's time for Amy-MN to pay attention! I never said that!

*Consumer Suggestion: Now it's time for Amy-MN to pay attention! I never said that!

*Consumer Suggestion: Now it's time for Amy-MN to pay attention! I never said that!

*Consumer Suggestion: Steve you have me confused with Amy from Boulder, CO

*Author of original report: Midland Credit Management

*Consumer Suggestion: Amy, which is it? Please clarify this.

*Consumer Suggestion: Discovery does NOT always involve court orders!

*Consumer Suggestion: Amy, you are TOTALLY wrong in your attempt to correct me.

*Author of original report: Not worried

*Consumer Suggestion: Correction

*Consumer Suggestion: You have to answer Interrogatories

*Consumer Comment: Love, Beal & Nixon Collector Filing Suit

*Consumer Suggestion: NEVER answer "interrogatories"!

*Author of original report: more information

*Consumer Comment: Jessica, did you answer interrogatories? I need help!

*Author of original report: FDCPA violations

*REBUTTAL Individual responds: tom can you help me with love beal & nixon in hot pursuit !!

*Consumer Comment: Congratulations!

*Author of original report: Dismissed

*Consumer Suggestion: Jesica.. Relax..It's over.

*Consumer Suggestion: Jesica.. Relax..It's over.

*Consumer Suggestion: Jesica.. Relax..It's over.

*Consumer Suggestion: Jesica.. Relax..It's over.

*Author of original report: Dismissal without prejudice

*Consumer Suggestion: Question withdrawn.

*Consumer Suggestion: Question withdrawn.

*Consumer Suggestion: Question withdrawn.

*Consumer Suggestion: Question withdrawn.

*Consumer Suggestion: Brief in support of Motions.

*Consumer Suggestion: Brief in support of Motions.

*Consumer Suggestion: Brief in support of Motions.

*Consumer Suggestion: Clear denial is critical.

*Author of original report: I asked that all of the plaintiffs pleadings be stricken

*Consumer Suggestion: Also,make a "Motion to Strike" today.

*Consumer Suggestion: Hearings

*Consumer Suggestion: Hearings

*Consumer Suggestion: Hearings

*Consumer Suggestion: Hearings

*Author of original report: been asking for validation of debt since Feb.

*Consumer Suggestion: Whats next.

*Author of original report: Assignment of Civil Cases

*Author of original report: Thank you for the help

*Consumer Comment: Response to Tom regarding your post to me

*Consumer Suggestion: Response to Steve. your advice in this case was not very specific or helpful

*Consumer Suggestion: Info for Tom.. Texas is actually one of the hardest states to collect in as they have no wage garnishment allowed under state law.

*Consumer Suggestion: Bill of Complaint.Your Right.

*Consumer Suggestion: Thank-You !

*Consumer Suggestion: Thank-You !

*Consumer Suggestion: Thank-You !

*Consumer Suggestion: Motion to Dismiss. HOW TO! time is of the essence. Take action immediately.

*Author of original report: scheduling docket

*Consumer Suggestion: In this particular case, I think you need an actual attorney!

*Author of original report: How do I motion to dismiss

*Consumer Suggestion: Kent is absolutely right re: Leesa and Jessica

*Author of original report: went for some free legal advice

*Consumer Comment: Jessica dont send them anything

*Consumer Suggestion: LBN

*Author of original report: Admission and Interrogatories and request for production of documents

*Author of original report: Admission and Interrogatories and request for production of documents

*Consumer Suggestion: John, you need a reality check!..AND some facts for you..

*Author of original report: answer to the court

*Consumer Comment: Front lines

*Consumer Comment: Re: Unclear

*Consumer Suggestion: John...You REALLY need to learn how to read!

*Author of original report: In Response

*Consumer Comment: Unclear

*Consumer Comment: Altered summons

*Author of original report: Thank you for the advice

*Consumer Suggestion: Info for Jessica

*Consumer Suggestion: Info for Jessica

*Consumer Suggestion: Info for Jessica

*Consumer Suggestion: Info for Jessica

*Author of original report: Finally served

*Consumer Comment: One correction

*Consumer Suggestion: Chris..You should get your facts straight before correcting someone!

*Consumer Comment: Some corrections

*Author of original report: no lawsuit filed

*Consumer Suggestion: Jessica, here's what you do..

*Consumer Comment: Find out if a lawsuit is filed

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I received a letter in the mail on February 23, 2006 stating that Love, Beal and Nixon were suing on behalf of a collection agency in the amount of $3,649.28.

I called and left a message on the same day I recieved the letter. The number was to a collection agency not attorneys. I left a message to call me back. On February 23, 2006 a representative called me back. The representative said they had filed a lawsuit and the amount owed was now $4,377.67.

I originally agreed to pay and I was told they would stop the person from serving me papers of this supposed lawsuit. After doing some research and thinking I stopped payment on a check.

I called back to talk to the representative and I questioned why the amount went up so much. I then told her I would not pay until I received a detailed statement showing proof that a lawsuit had been filed. The representative became agitated and told me they would just serve me the papers.

I sent a certified letter the next day detailing the phone conversation. I also put in the letter that I wanted a detailed statement as well as proof that they had the legal right to collect. I also wanted a copy of the lawsuit.

I had not heard anything from them until April 18, 2006. They sent me a similar letter with the balance now of $4,397.67. They added the original creditor and account number.

After looking up the collection laws I found they were in violation of 807 False or misleading representations sec 2A character, amount, or legal status of any debt.

If the company had filed a lawsuit at the time they said they had I would have already been served papers. Clearly they tacked on the legal fees before a suit had been filed.

My next plan of action is to send a second certified letter requesting a copy of this supposed lawsuit they filed in Feb. and a statement of their violation of collection laws.

Does anyone know who we can contact to report them and does anyone have advice on what to do?

Jessica
Lawton, Oklahoma
U.S.A.

This report was posted on Ripoff Report on 04/19/2006 01:06 PM and is a permanent record located here: http://www.ripoffreport.com/r/Love-Beal-Nixon/Oklahoma-City-Oklahoma-73123/Love-Beal-Nixon-Dishonest-And-In-Violation-Of-Collection-Laws-ripoff-trying-to-collect-187498. 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.

Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report.

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#1 Consumer Suggestion

Don't sweat the "without prejudice" too much.

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

Robert is absolutely correct, but I wouldn't worry too much about the whole "without prejudice" thing.

In my few years of practice I've seen hundreds of cases dismissed "without prejudice." Only one was ever "resurrected," and that was because the jurisdictional issue that got the case tossed out in the first place ceased to be an issue, so the case could be re-filed without having to worry about it.

Long and short: when a simple collections matter is dismissed, it's probably going to stay that way.

There's also that whole res judicata/collateral estoppel thing, but there's NO way I'm going to try to explain all that unless I'm getting paid good money to write a textbook. Research it on your own if you're interested.

Best regards!
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#2 Consumer Suggestion

Don't sweat the "without prejudice" too much.

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

Robert is absolutely correct, but I wouldn't worry too much about the whole "without prejudice" thing.

In my few years of practice I've seen hundreds of cases dismissed "without prejudice." Only one was ever "resurrected," and that was because the jurisdictional issue that got the case tossed out in the first place ceased to be an issue, so the case could be re-filed without having to worry about it.

Long and short: when a simple collections matter is dismissed, it's probably going to stay that way.

There's also that whole res judicata/collateral estoppel thing, but there's NO way I'm going to try to explain all that unless I'm getting paid good money to write a textbook. Research it on your own if you're interested.

Best regards!
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#3 Consumer Suggestion

Don't sweat the "without prejudice" too much.

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

Robert is absolutely correct, but I wouldn't worry too much about the whole "without prejudice" thing.

In my few years of practice I've seen hundreds of cases dismissed "without prejudice." Only one was ever "resurrected," and that was because the jurisdictional issue that got the case tossed out in the first place ceased to be an issue, so the case could be re-filed without having to worry about it.

Long and short: when a simple collections matter is dismissed, it's probably going to stay that way.

There's also that whole res judicata/collateral estoppel thing, but there's NO way I'm going to try to explain all that unless I'm getting paid good money to write a textbook. Research it on your own if you're interested.

Best regards!
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#4 Consumer Suggestion

Don't sweat the "without prejudice" too much.

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

Robert is absolutely correct, but I wouldn't worry too much about the whole "without prejudice" thing.

In my few years of practice I've seen hundreds of cases dismissed "without prejudice." Only one was ever "resurrected," and that was because the jurisdictional issue that got the case tossed out in the first place ceased to be an issue, so the case could be re-filed without having to worry about it.

Long and short: when a simple collections matter is dismissed, it's probably going to stay that way.

There's also that whole res judicata/collateral estoppel thing, but there's NO way I'm going to try to explain all that unless I'm getting paid good money to write a textbook. Research it on your own if you're interested.

Best regards!
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#5 Consumer Suggestion

Oh oh

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

EJK wrote: ""and a Dismissal Without Prejudice means that they cannot provide any documentation of your debt.""

What this really means is that at that time of the proceedings, they couldn't prove the debt so the case was dismissed. In other words, they didn't have enough evidence to establish their perceived right to collect this debt.

Now here's the rub, ""Dismissal Without Prejudice means... "" This means that they can sue AGAIN, should they "discover" some additional evidence. You would be safer if the court had "dismissed with prejudice" because then they could NOT sue again for the same debt. The door is open for them to sue again. They probably won't, but it could happen.
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#6 Consumer Suggestion

Ethics Complaint

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

If you were treated fraudulently please file an ethics report with the Oklahoma Bar Association. This is the only way to stop unethical attorneys. Ethics violations must be signed and submitted in writing. I am an attorney and from what I have read there appears to be multiple ethical and legal violations on this attorney's part. The weblink is http://www.okbar.org/members/gencounsel/complain.pdf.
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#7 Consumer Suggestion

I got a dismissal

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

http://www.ripoffreport.com/reports/ripoff231037.htm

I should have filed the affirmative defense right off, but I did contest the Motion for Summary Judgment asking for original documentation.

they filed against me in April/may 2006 and you can find a lot of what you need on OSCN if you check similar cases.

put in OSCN and the attorneys name and you will see how much scam is going on.

I stumbled through the process but ultimately they have to provide you with orignal documentation proving they have a legal right to collect and a Dismissal Without Prejudice means that they cannot provide any documentation of your debt.

Good luck

Check this out
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#8 Consumer Comment

Chris -thanks for discovery info

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

I'm getting ready to head into the same fight. You're info has been very helpful. I recvd 1st commnication from LBN 12/8 and sent certified letter reqeusting validation. I read this thread yesterday and search OSCR out of curiousity and found they had filed against me on 12/15. I'm sure I'll be served any day... My question is - I'm getting conflicting answers and will be getting atty- what is the SOL on CC debt in OK? I lived in TX at time of debt/charge off. Last payment was 12/02 per my credit report.
Thanks for all answers and advise. Jessica if you're still around - you're an inspiration to all of us dealing with the same problems!
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#9 Consumer Comment

Chris -thanks for discovery info

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

I'm getting ready to head into the same fight. You're info has been very helpful. I recvd 1st commnication from LBN 12/8 and sent certified letter reqeusting validation. I read this thread yesterday and search OSCR out of curiousity and found they had filed against me on 12/15. I'm sure I'll be served any day... My question is - I'm getting conflicting answers and will be getting atty- what is the SOL on CC debt in OK? I lived in TX at time of debt/charge off. Last payment was 12/02 per my credit report.
Thanks for all answers and advise. Jessica if you're still around - you're an inspiration to all of us dealing with the same problems!
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#10 Consumer Comment

Chris -thanks for discovery info

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

I'm getting ready to head into the same fight. You're info has been very helpful. I recvd 1st commnication from LBN 12/8 and sent certified letter reqeusting validation. I read this thread yesterday and search OSCR out of curiousity and found they had filed against me on 12/15. I'm sure I'll be served any day... My question is - I'm getting conflicting answers and will be getting atty- what is the SOL on CC debt in OK? I lived in TX at time of debt/charge off. Last payment was 12/02 per my credit report.
Thanks for all answers and advise. Jessica if you're still around - you're an inspiration to all of us dealing with the same problems!
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#11 Consumer Comment

Chris -thanks for discovery info

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

I'm getting ready to head into the same fight. You're info has been very helpful. I recvd 1st commnication from LBN 12/8 and sent certified letter reqeusting validation. I read this thread yesterday and search OSCR out of curiousity and found they had filed against me on 12/15. I'm sure I'll be served any day... My question is - I'm getting conflicting answers and will be getting atty- what is the SOL on CC debt in OK? I lived in TX at time of debt/charge off. Last payment was 12/02 per my credit report.
Thanks for all answers and advise. Jessica if you're still around - you're an inspiration to all of us dealing with the same problems!
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#12 Consumer Suggestion

Admission Requests

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

One thing I want to point out about being served discovery by Love, Beal, Nixon that may be confused by someone reading this and usuing the information.

The discovery they send is comprised of 3 parts, Requests for Admissions, Interrogatories, and Requests for production of documents. The Requests for Admissions MUST be responded or objected to in writing and served on LBN certified mail. When the green card returns, file a certificate of service with the court and send a copy to LBN.

If you do not at least respond to the admission requests, LBN will file a motion for summary judgement. That motion will be difficult (not impossible) to defeat.

Always respond to the admission requests! These guys don't win correctly contested cases, they just get the defaults and summaries.

These cases are primarily Pro Se for 2 big reasons. Most defendants are broke and not very many attorneys even want to bother with you on this type of case.
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#13 Consumer Suggestion

A challenge to AMY the PARALEGAL regarding your post

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

Amy,

I hereby challenge you to clarify EXACTLY what advice I gave that was bad, and why, and include the legal reference to back it up.

You told everyone that my advice was bad and that I was ignorant. I disagree and want proof.

Please reference the exact posts here on Rip Off Report where I gave bad advice. If you cannot do this, any further posts from you will be considered frivolous, and you will be proven to be the one who knows nothing.

No excuses. Get it done or shut up.
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#14 Consumer Suggestion

Now it's time for Amy-MN to pay attention! I never said that!

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

Amy,

Here is what you wrote in the above post that I allegedly said:

"..I always tell people that they should NEVER pursue legal issues on their own and that they ALWAYS need to involve an attorney! You on the other hand encourage this type of behavior, and I noticed in one of your postings (I can't remember which one) that you said that a judge yelled at you and advised you of the golden rule in law--a man who represents himself has a FOOL for a client; and that's the truth. Why do you think that most legal professionals (including myself) won't represent themselves in court and choose to hire outside counsel? Again, that's because we're smarter than you are because we know the golden rule..."

I never said this and a judge never told me that. You have me confused with someone else. PAY ATTENTION!

You can have whatever OPINION you want on my level of knowledge and experience in collection issues, but my track record speaks for itself. I have ACTUALLY been in a courtroom as a defendant in these issues and have won every single time without a lawyer.

Furthermore, I have been dealing with these issues since long before you were born, successfully, and I have been in several aspects of the financial industry.

And, collections law is complicated and highly specialized, and most lawyers have no idea how to handle a collections lawsuit PROPERLY.

Just look at the experience of the other AMY-CO. She spoke to about 30+ different attorneys and got a different answer from each!

You are a child who thinks she knows everything and being that you are pusuing the legal profession, you feel that seeking a lawyer is the only way to go. It's not. MOST issues can be handled successfully without a lawyer, and in most cases people simply cannot afford a lawyer, so self representation is the ONLY option available. It is NOT a choice for most people.
So get off your childish, uneducated high horse, and take a good look at reality.

I can absolutely guarantee you that my knowledge of collections law far exceeds yours, as I have applied it over 100 times over the past 5 years and have won every time. That's not just luck. And, I have successfully helped many people here with my advice and they have posted the results here on Rip Off Report.

You should wait until you finish school and actually get some time in the courtroom before getting too high and mighty here. You know very little of how the real world works, and you will never learn what you need to know from a book or a classroom.
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#15 Consumer Suggestion

Now it's time for Amy-MN to pay attention! I never said that!

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

Amy,

Here is what you wrote in the above post that I allegedly said:

"..I always tell people that they should NEVER pursue legal issues on their own and that they ALWAYS need to involve an attorney! You on the other hand encourage this type of behavior, and I noticed in one of your postings (I can't remember which one) that you said that a judge yelled at you and advised you of the golden rule in law--a man who represents himself has a FOOL for a client; and that's the truth. Why do you think that most legal professionals (including myself) won't represent themselves in court and choose to hire outside counsel? Again, that's because we're smarter than you are because we know the golden rule..."

I never said this and a judge never told me that. You have me confused with someone else. PAY ATTENTION!

You can have whatever OPINION you want on my level of knowledge and experience in collection issues, but my track record speaks for itself. I have ACTUALLY been in a courtroom as a defendant in these issues and have won every single time without a lawyer.

Furthermore, I have been dealing with these issues since long before you were born, successfully, and I have been in several aspects of the financial industry.

And, collections law is complicated and highly specialized, and most lawyers have no idea how to handle a collections lawsuit PROPERLY.

Just look at the experience of the other AMY-CO. She spoke to about 30+ different attorneys and got a different answer from each!

You are a child who thinks she knows everything and being that you are pusuing the legal profession, you feel that seeking a lawyer is the only way to go. It's not. MOST issues can be handled successfully without a lawyer, and in most cases people simply cannot afford a lawyer, so self representation is the ONLY option available. It is NOT a choice for most people.
So get off your childish, uneducated high horse, and take a good look at reality.

I can absolutely guarantee you that my knowledge of collections law far exceeds yours, as I have applied it over 100 times over the past 5 years and have won every time. That's not just luck. And, I have successfully helped many people here with my advice and they have posted the results here on Rip Off Report.

You should wait until you finish school and actually get some time in the courtroom before getting too high and mighty here. You know very little of how the real world works, and you will never learn what you need to know from a book or a classroom.
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#16 Consumer Suggestion

Now it's time for Amy-MN to pay attention! I never said that!

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

Amy,

Here is what you wrote in the above post that I allegedly said:

"..I always tell people that they should NEVER pursue legal issues on their own and that they ALWAYS need to involve an attorney! You on the other hand encourage this type of behavior, and I noticed in one of your postings (I can't remember which one) that you said that a judge yelled at you and advised you of the golden rule in law--a man who represents himself has a FOOL for a client; and that's the truth. Why do you think that most legal professionals (including myself) won't represent themselves in court and choose to hire outside counsel? Again, that's because we're smarter than you are because we know the golden rule..."

I never said this and a judge never told me that. You have me confused with someone else. PAY ATTENTION!

You can have whatever OPINION you want on my level of knowledge and experience in collection issues, but my track record speaks for itself. I have ACTUALLY been in a courtroom as a defendant in these issues and have won every single time without a lawyer.

Furthermore, I have been dealing with these issues since long before you were born, successfully, and I have been in several aspects of the financial industry.

And, collections law is complicated and highly specialized, and most lawyers have no idea how to handle a collections lawsuit PROPERLY.

Just look at the experience of the other AMY-CO. She spoke to about 30+ different attorneys and got a different answer from each!

You are a child who thinks she knows everything and being that you are pusuing the legal profession, you feel that seeking a lawyer is the only way to go. It's not. MOST issues can be handled successfully without a lawyer, and in most cases people simply cannot afford a lawyer, so self representation is the ONLY option available. It is NOT a choice for most people.
So get off your childish, uneducated high horse, and take a good look at reality.

I can absolutely guarantee you that my knowledge of collections law far exceeds yours, as I have applied it over 100 times over the past 5 years and have won every time. That's not just luck. And, I have successfully helped many people here with my advice and they have posted the results here on Rip Off Report.

You should wait until you finish school and actually get some time in the courtroom before getting too high and mighty here. You know very little of how the real world works, and you will never learn what you need to know from a book or a classroom.
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#17 Consumer Suggestion

Now it's time for Amy-MN to pay attention! I never said that!

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

Amy,

Here is what you wrote in the above post that I allegedly said:

"..I always tell people that they should NEVER pursue legal issues on their own and that they ALWAYS need to involve an attorney! You on the other hand encourage this type of behavior, and I noticed in one of your postings (I can't remember which one) that you said that a judge yelled at you and advised you of the golden rule in law--a man who represents himself has a FOOL for a client; and that's the truth. Why do you think that most legal professionals (including myself) won't represent themselves in court and choose to hire outside counsel? Again, that's because we're smarter than you are because we know the golden rule..."

I never said this and a judge never told me that. You have me confused with someone else. PAY ATTENTION!

You can have whatever OPINION you want on my level of knowledge and experience in collection issues, but my track record speaks for itself. I have ACTUALLY been in a courtroom as a defendant in these issues and have won every single time without a lawyer.

Furthermore, I have been dealing with these issues since long before you were born, successfully, and I have been in several aspects of the financial industry.

And, collections law is complicated and highly specialized, and most lawyers have no idea how to handle a collections lawsuit PROPERLY.

Just look at the experience of the other AMY-CO. She spoke to about 30+ different attorneys and got a different answer from each!

You are a child who thinks she knows everything and being that you are pusuing the legal profession, you feel that seeking a lawyer is the only way to go. It's not. MOST issues can be handled successfully without a lawyer, and in most cases people simply cannot afford a lawyer, so self representation is the ONLY option available. It is NOT a choice for most people.
So get off your childish, uneducated high horse, and take a good look at reality.

I can absolutely guarantee you that my knowledge of collections law far exceeds yours, as I have applied it over 100 times over the past 5 years and have won every time. That's not just luck. And, I have successfully helped many people here with my advice and they have posted the results here on Rip Off Report.

You should wait until you finish school and actually get some time in the courtroom before getting too high and mighty here. You know very little of how the real world works, and you will never learn what you need to know from a book or a classroom.
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#18 Consumer Suggestion

Steve you have me confused with Amy from Boulder, CO

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

Steve,

I have never asked you for advice or thanked you for it; in fact I have corrected you many times. You have me confused with Amy from Boulder, Co which is quite different from Red Wing, MN. Pay attention!

I have posted a complaint on this site before (Leasecomm) but I never asked for anyone's advice in any of them.

You are just on the defensive because you know that what I am saying is true. Although I'm sure you have done some good with the advice that you give that is actually turned out to be correct but you are doing a lot more damage with the advice that you give that is really, really, really WRONG! That's why I decided to check on some of your other postings and I am really appalled at the level of ignorance you have when it comes to the law.

You can really hurt a lot of people with this type of morally deviant behavior and these people seem to think that you know what you are talking about. So, like I said... if you are going to give legal advice (which I don't do because that would be wrong) you need to go to school and get an education (which is what I'm doing right now).

I always tell people that they should NEVER pursue legal issues on their own and that they ALWAYS need to involve an attorney! You on the other hand encourage this type of behavior, and I noticed in one of your postings (I can't remember which one) that you said that a judge yelled at you and advised you of the golden rule in law--a man who represents himself has a FOOL for a client; and that's the truth. Why do you think that most legal professionals (including myself) won't represent themselves in court and choose to hire outside counsel? Again, that's because we're smarter than you are because we know the golden rule.

This will be my last posting for a while because finials are coming and I have to study.

Good luck to any of you who have taken Steve's advice because I'm afraid you will need it.

ALWAYS CONSULT AN ATTORNEY FOR LEGAL ADVICEnot the internet.
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#19 Author of original report

Midland Credit Management

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

Midland Credit Management was the collection agency suing me. They called me on the phone and as soon as they told me who they were I told them to send it in the mail. I am interested in what they are trying to do. They gave up on the lawsuit because they knew they werent going to win. It makes me a little nervous but I am sure it has been 4 years since they were charged off. At least now I know exactly what to do and how to procceed. I know that they can refile the lawsuit but why waste the money?
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#20 Consumer Suggestion

Amy, which is it? Please clarify this.

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

Amy,

You are mixing isues here, and also on other threads you thanked me for my advice and here you tell me not to give it! Which is it?

And, if you knew so much about this process in dealing with debt collectors and civil lawsuits, why would you be on here looking for advice? Make up your mind!

Furthermore,I have actually been in court MANY TIMES representing myself in these matters and have won EVERY time. Why is that?

It is obvious that you have never dealt with this before and have probably never actually been in the courtroom as a defendant.

Furthermore, you are DEAD WRONG on the interrogatories/discovery thing. You cannot be held in contempt for refusing to answer interrogatories. I have tested that in court.

Interrogatories ARE NOT court orders. Therefore, there cannot be a contempt charge. A defendant is NEVER required to provide testimony or evidence that is incriminating. Period. The motion to compel is just that. A motion. As soon as you contest it for reasons of self incrimination or being irrelevant to the case it gets tossed.

Or just fill out the interrogatories and give no information. After all, the entire burden of proof is always on the plaintiff. Think about it, if you are denying the debt, you wouldn't have any information on it, right? Therefore accordingly, there would be no information to provide.
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#21 Consumer Suggestion

Discovery does NOT always involve court orders!

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

I am a paralegal (and a law student). Paralegals draft requests for discovery for a living as well as summons and complaints and other pleadings all under the supervision of an attorney so I am well aware of civil procedure (at least in MN). Discovery does NOT require a court order unless one party refuses to comply with a request; then the aggrieved side has the right to file a motion to compel or if there are objections raised legitimately by on party. This is to force the other side to produce the requested documents, admissions, or answers to interrogatories and to argue over any objections legitimately raised.

The purpose of discovery is to eliminate surprises in court as well as to eliminate any facts that are NOT in dispute (because they will ultimately be thrown out in court). Another purpose of discovery is to induce settlements out of court; something like 95% of all civil cases settle out of court and usually during or just after discovery is over.

The only time the court usually gets involved the discovery process is when one side is acting badly and refusing to respond to discovery requests. When one side files a motion to compel and wins, they are ALWAYS entitled to costs and attorney's fees for the filing of the motion.

For instance, in MN as soon as the summons and complaint and the answer are served upon the parties (this officially starts the lawsuit), then either side can start the discovery process by serving the other side with request for documents, for admissions, and interrogatories, as well as depositions (which is the only form of discovery that can be served on non-parties).

In MN the receiving party has 30 days in which to answer these requests, not including the date of service (Rule 33 Minn.R.Civ.Proc.). If that party does not respond within the statutory amount of time then as I said the aggrieved party has the right to file a motion to compel. If the person doesn't comply after a court order is issued then they can be held in contempt of court and could be arrested, fined, or a default judgment could be entered against them (or a combination of any of these things). This is litigation 101 and if you had any legal training you would know this.

You are the one who doesn't know what's going on. First, you were an expert at dealing with collection agencies because you have dealt with what seems like all of them personally. Then collection lawyers because you outsmarted them personally. Now you have represented yourself in criminal proceedings too. What an interesting life you have led.

You are also very confused about the difference in criminal proceedings and civil proceedings because they are very differently things governed by different rules of procedure, rules of evidence, and burdens of proof. Criminal proceedings are where you are presumed innocent until proven guilty and the burden of proof is beyond a reasonable doubt.

In civil cases this is not the case. The burden of proof is usually by the preponderance of the evidence (or something similar depending on the civil action) which means that is more likely than not that the defendant is liable. You do not have the same rights in civil court as you do in criminal court like self incrimination which is inherently a criminal matter.

Case in point, O.J. Simpson was acquitted in a criminal court because certain evidence couldn't be used in the criminal case as well as the burden of proof was beyond a reasonable doubt so the only thing the defense had to do was cast reasonable doubt (if the glove doesn't fit you must acquit). But, when he was sued for wrongful death, a civil action for murder basically, he was found liable and lost largely because the rules of evidence are different and because the burden of proof isn't so stiff.

In the civil case, the plaintiffs were able to prove that it was more likely than not that O.J. had caused the deaths (which he is apparently about to prove in a book).

So, Steve if you want to give legal advice on the internet I suggest that you go to law school, get a degree, pass the bar, and get a license to practice because you are way off base on a lot of things even if you are well meaning. By the way, MN's bar consists of multiple choice that's true but it also has essay questions (at least that's what I've heard from people who have actually taken it) and it's certainly not easy. I have friends who graduated in the top 10% of their class and have had to take it twice to pass (from what I have heard though is that CA's bar is the worst).
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#22 Consumer Suggestion

Amy, you are TOTALLY wrong in your attempt to correct me.

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

Amy,

I have never told anyone to ignore discovery requests. See below.

FYI..I have been to court numerous times regarding debt issues and other matters. You have several misconceptions of the law.

First of all, there is no legal requirement of formal schooling to be a lawyer in most states. The only requirement to get licensed is to pass a multiple choice test. The only requirement to keep the license is som annual/recurring training.

Second,

Those "interrogatories" are NOT part of the discovery process. They are NOT a court order. If they were, they would come directly from the court by certified means and have a judges signature. The DEFENDANT never has to provide anything that can be incriminating. I have totally ignored and also outright refused, in writing to fill out these "interrogatories". There is nothing they can do to you for this at all.


>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
You wrote:

"Steve,

You really need to stop telling people not to answer discovery requests because if they don't and the other party files a motion to compel and they loose they will be responsible for the other party's attorneys fees and costs for filing the motion; and they will be court ordered to answer them anyway. And if they don't answer them then they could loose by default, be fined, and/or even be arrested for contempt of court. Your advice is really bad on this one and it's only going to hurt people. I don't think you really understand what interrogatories are or the purpose of discovery at all. You must be deeply in debt to have beaten so many attorneys but I really think that you have gotten really lucky. Believe me the 7 years of school it requires for people to become attorneys makes them smarter than you".

Amy - Red Wing, Minnesota
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

I fully understand what dicovery is. I have represented myself in court on civil matters, misdemeanors and felonies. I have not lost a case yet. Therefore, I think I know enough to get by. I have a proven track record.

Discovery goes one way. The person bringing the charges or suit [plaintiff] has all of the responsibility of the burden of proof. The defendent is presumed innocent until proven guilty in a court of law. That is a constitutionally protected right.

It is you who has no idea of what is going on, and therefore, you should not be giving advice of any kind, or attempting to correct others.

I offered you help and advice on a matter that you brought here to rip off report. The advice I give is everything that has actually worked for me in a court of law, and the things that have kept me out of court! I have not been successfully sued even once and there are no judgements on me. I walked away fro approx $170k in debt almost 5 years ago with 34 accounts.

Lucky? I don't think so. Even Vegas Casino's don't have that win ratio! I win because I know EXACTLY what I'm doing. There is no luck involved.
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#23 Author of original report

Not worried

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

I am not concerned about them filing again. Its past the SOL and they dont have documents to back them up. I asked for debt validation for almost a year and they failed to provide me with anything.
I was told to answer the interrogatories but you must do it in a way to not admit guilt. It is so important to send everything by certified mail and I also sent everything to the court once they filed the lawsuit. They do want easy targets that dont know their rights. They make lots of money I am sure by default. Follow through with everything and in a timely matter. They can get a default judgement if you dont.
I have tried to search for some of your reports but have not gotten through yet. Good luck and be patient it is a long process,
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#24 Consumer Suggestion

Correction

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

In my last posting, I was typing it late at night so there was a mistake (other than just the typos). I meant that dismissed without prejudice means that the can bring the suit again and dismissed WITH prejudice means that they can never bring it again.

Sorry if that was confusing and I was having a hard time logging in again to explain my mistake.

Good Luck!
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#25 Consumer Suggestion

You have to answer Interrogatories

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

Interrogatories are a form of discovery just as request for admissions and request for documents. They are written questions that you are REQUIRED to answer. Some of them you can object to and there is usually a limit in the number of them they can ask. That is why you need an attorney! I am a paralegal and would never attempt to analysis any of this stuff myself. In fact I have an attorney right not because as the saying goes, an attorney who represents himself has a fool for a client.

Also, dismissed without prejudice means that they can file their lawsuit again. Without prejudice means that they cannot ever file their suit again. I hope that it is really all over for you but it may not be.

Steve,

You really need to stop telling people not to answer discovery requests because if they don't and the other party files a motion to compel and they loose they will be responsible for the other party's attorneys fees and costs for filing the motion; and they will be court ordered to answer them anyway. And if they don't answer them then they could loose by default, be fined, and/or even be arrested for contempt of court. Your advice is really bad on this one and it's only going to hurt people. I don't think you really understand what interrogatories are or the purpose of discovery at all. You must be deeply in debt to have beaten so many attorneys but I really think that you have gotten really lucky. Believe me the 7 years of school it requires for people to become attorneys makes them smarter than you.
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#26 Consumer Comment

Love, Beal & Nixon Collector Filing Suit

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

Hello All,

I understand your situation, Jessica. Please see my posting, as titled above. I am about to be in the same kind of deal. If you or anyone else have suggestions for me, I'd sure appreciate them! I don't want to make any mistakes.

Jim
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#27 Consumer Suggestion

NEVER answer "interrogatories"!

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

These so called "interrogatories" are just a way to trick you into incriminating yourself. DO NOT EVER fill these out! They are NOT coming to you under a court order, they are just bogus documents created by the "attorney". I use that term loosely.

The entire burden of proof is on them to prove you owe the debt. You do not have to prove that you dont owe the debt.
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#28 Author of original report

more information

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

I did answer their requests. I had some help from legal aide through the military.

An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficiernt to enable him to admit or deny" It is important to put this in your answer! That is what I was told.

I dont know the specifics of your case. When answering their answers and iterrogatories in a lot of the answers I put I did not know because the plaintiff failed to provide debt validation. I also put in their the dates I sent request for debt validation and discovery including the certified mail receipts. Did you file for discovery? I am not at home so I dont have my paperwork in front of me. I will be home Monday so I can look over it and give better advice.

As far as filing for a motion to dismiss I followed the advice of Tom and others who posted on my report. It is important to send by certified mail and fax the motion to dismiss. I will try to find your report and read over it. Good luck and let me know what else I can do to help. They know they cant win if they go to court so make sure you do things in a timely manner where they cant get you by default.
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#29 Consumer Comment

Jessica, did you answer interrogatories? I need help!

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

Jessica, or anyone who has solid advice, I am fighting LBN as we speak. I have posted my own report, but don't seem to be getting where I need to be and will also post this there.

The filed petition, I answered this way:

1) Paragraph 1 of the Plaintiff's Petition requires no response. To the extent a response is deemed necessary, Paragraph 1 appears to be notice of the Defendant's rights under the Fair Debt Collection Practices Act and the Defendant has sent by registered mail a request for validation of the debt alleged in Plaintiff's Petition.

2) Paragraph 2 of the Plaintiff's Petition is denied and Defendant leaves the Plaintiff to provide strict proof thereof.

3) Paragraph 3 of the Plaintiff's Petition is denied and Defendant leaves the Plaintiff to provide strict proof thereof.

4) Paragraph 4 of the Plaintiff's Petition is denied and Defendant leaves the Plaintiff to provide strict proof thereof.

5) As and for a First Affirmative Defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

I sent a "quit calling" letter which also requested debt validation.

I received from them a letter that told me the name of the OC, the account number, po box, city, state and date it was "placed" with them. It also requested that I call them if I wanted to make arrangements to settle this matter. (which I had vaguely tried to do in the beginning, never admitting that I owed them anything....I asked would they set something up on payments....but was told that I should file bankruptcy or sell something.)

One week later I received a "Certificate of Service" and a "Request for Admissions and Interrogatories"

I have filed my answers and letters for validation with the court.

I have not answered their request, but need to know what to do as far as Motion to Dismiss, Motion for Discovery.... did you answer their requests, and how..... and when to do it. I am desperate to get this taken care of. I have two of these suits, same company..... almost identical.
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#30 Author of original report

FDCPA violations

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

I know for a fact that they can not threaten you! Definite FDCPA violations. Did you keep copies of the answer to the lawsuit? The key is to make them show you debt validation and avoid a default judgement.

The second time I filed a motion for discovery I followed their template for the discovery and certificate of service. I sent everything by certified mail where they couldnt come back and say they didnt get it. I aLSO sent everything to courthouse by certified mail.

Have you requested debt validation before? I hope someone is able to help you. They really make me sick that they play dirty. Good luck and keep me posted!
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#31 REBUTTAL Individual responds

tom can you help me with love beal & nixon in hot pursuit !!

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

i was served in april of 06 (i don't give exact dates due to who knows who reads this) it proceedes as follows- i anwserd the petition then they requested a discovery. then i anwsered and had it filed with the courts(by a legal document services who i paid a fee too) but according to the dockets it was never filed.

now they sent a motion for summery judgment and brief in support thereof. i also sent a copy of my anwser to their request for responses to admissions. i did file these with the court house myself and i am sending a copy to first resolution folks. something for interset is as follows late 05/early 06 a strange call came from a guy claming to have local high paying jobs in the OKC area. i asked how did you get my # he said a referal(he was from seattle wa.ha) first resolution- so i talked a little about that i worked at walmart and like many am always looking for a higher paying job but that's life(there is no way i can pay a bill to a creditor of any kind working at walmart)

i am very ready to play hard ball. they also called and said they know where i live and will take my 1982 beat up truck that is worth nothing to resale for cash. they were very threating to me they said they could sell my dog and all old school tv's and the likes. please please help me i'm ready to rumble not stumble !!!!!!!!

this is for tom and steve or anybody else with helpful directional input thank you

m - OKC
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#32 Consumer Comment

Congratulations!

AUTHOR: Pam - (Georgia)

Jessica,
I have been following your case for some time now, and I just wanted to let you know how happy I am for you. It gives me hope as I now prepare my own case against Beneficial and their attorneys.
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#33 Author of original report

Dismissed

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

It shows on the OSCN that my case was dismissed. So thank you to everyone who helped. I now know what to do if this situation should ever arise again.
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#34 Consumer Suggestion

Jesica.. Relax..It's over.

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

Jessica,

That "without prejudice" statement is a standard way of them saving face. Don't worry about any furure activity from them, as you fought back and they are looking for those who just rollover for the easy default judgement.

The court will usually send a copy of the dismissal as well.

Your done.
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#35 Consumer Suggestion

Jesica.. Relax..It's over.

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

Jessica,

That "without prejudice" statement is a standard way of them saving face. Don't worry about any furure activity from them, as you fought back and they are looking for those who just rollover for the easy default judgement.

The court will usually send a copy of the dismissal as well.

Your done.
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#36 Consumer Suggestion

Jesica.. Relax..It's over.

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

Jessica,

That "without prejudice" statement is a standard way of them saving face. Don't worry about any furure activity from them, as you fought back and they are looking for those who just rollover for the easy default judgement.

The court will usually send a copy of the dismissal as well.

Your done.
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#37 Consumer Suggestion

Jesica.. Relax..It's over.

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

Jessica,

That "without prejudice" statement is a standard way of them saving face. Don't worry about any furure activity from them, as you fought back and they are looking for those who just rollover for the easy default judgement.

The court will usually send a copy of the dismissal as well.

Your done.
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#38 Author of original report

Dismissal without prejudice

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

Today I received a letter from LBN stating the case was dismissed without prejudice. It was a certificate of service stating COMES NOW the Plaintiff, by and through its attorney as undersigned, and at the instruction of the Plaintiff, its attorney is hereby ordered to file this Dismissal Without Prejudice, and the Plintiff does hereby dismiss this cause without prejudice.

We were suppose to go to court next week. Does this mean they dropped the case? I am a little confused because it came from the attorneys office and not the court.

The Dismissal without Prejudice concerns me because they can file another suit against me. Thank you to everyone who has helped me with this case and I hope people will continue to fight for their rights as consumers. If anyone has input into the dismissal without prejudice let me know!
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#39 Consumer Suggestion

Question withdrawn.

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

Question to Steve withdrawn.Asked and answered.
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#40 Consumer Suggestion

Question withdrawn.

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

Question to Steve withdrawn.Asked and answered.
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#41 Consumer Suggestion

Question withdrawn.

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

Question to Steve withdrawn.Asked and answered.
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#42 Consumer Suggestion

Question withdrawn.

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

Question to Steve withdrawn.Asked and answered.
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#43 Consumer Suggestion

Brief in support of Motions.

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

I think that it would also be useful to file a brief in support of your motions.Something like:


"The plaintiff has not met their minimum legal burden for their pleadings.The defendant has notified them of such and the plaintiff has been completely unresponsive.The defendant is unable to properly respond to any of the plaintiff's requests that require a response.The defendant has only brought these motions after giving the plaintiff every opportunity to remedy such defects and deficiencies.Therefore,the defendant believes that these motions are both proper and timely."

Also add the (7) reasons to everything you file from now on.You need clear and unambiguous denial.

File like everything else.

You have to also think about an appeal or a motion for a new trial if you lose.These motions will give you great reasons,if you need them.

To Steve: It seems strange how you have no advice,especially since you have already said that you were an expert not only in dealing with and defeating this law firm but in this state as well.I have been waiting for your brilliant advice.I hope it comes soon.And for your info,I am not a collector.The best advice you can give anyone,is to respond with the (7) reasons I gave in the "Also,make a "Motion to Strike" today" post.
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#44 Consumer Suggestion

Brief in support of Motions.

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

I think that it would also be useful to file a brief in support of your motions.Something like:


"The plaintiff has not met their minimum legal burden for their pleadings.The defendant has notified them of such and the plaintiff has been completely unresponsive.The defendant is unable to properly respond to any of the plaintiff's requests that require a response.The defendant has only brought these motions after giving the plaintiff every opportunity to remedy such defects and deficiencies.Therefore,the defendant believes that these motions are both proper and timely."

Also add the (7) reasons to everything you file from now on.You need clear and unambiguous denial.

File like everything else.

You have to also think about an appeal or a motion for a new trial if you lose.These motions will give you great reasons,if you need them.

To Steve: It seems strange how you have no advice,especially since you have already said that you were an expert not only in dealing with and defeating this law firm but in this state as well.I have been waiting for your brilliant advice.I hope it comes soon.And for your info,I am not a collector.The best advice you can give anyone,is to respond with the (7) reasons I gave in the "Also,make a "Motion to Strike" today" post.
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#45 Consumer Suggestion

Brief in support of Motions.

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

I think that it would also be useful to file a brief in support of your motions.Something like:


"The plaintiff has not met their minimum legal burden for their pleadings.The defendant has notified them of such and the plaintiff has been completely unresponsive.The defendant is unable to properly respond to any of the plaintiff's requests that require a response.The defendant has only brought these motions after giving the plaintiff every opportunity to remedy such defects and deficiencies.Therefore,the defendant believes that these motions are both proper and timely."

Also add the (7) reasons to everything you file from now on.You need clear and unambiguous denial.

File like everything else.

You have to also think about an appeal or a motion for a new trial if you lose.These motions will give you great reasons,if you need them.

To Steve: It seems strange how you have no advice,especially since you have already said that you were an expert not only in dealing with and defeating this law firm but in this state as well.I have been waiting for your brilliant advice.I hope it comes soon.And for your info,I am not a collector.The best advice you can give anyone,is to respond with the (7) reasons I gave in the "Also,make a "Motion to Strike" today" post.
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#46 Consumer Suggestion

Clear denial is critical.

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

I think that it is important for you to clearly and unambiguously deny the plaintiff's claim.

I think that if you gave the above 7 reasons as your original answer,they would have already quit.

If you did not include the above (7) reasons in your "Motion to Dismiss" you should file an amendment to your motion,to include them.

I still think it would be best to file the motion to strike as presented,with the added(7) reasons.The motion to strike includes important charges against the plaintiff.But only you can make the final decision.

The more you say in your paperwork the less you have to say in person.And all you need is the one key point that convinces the judge.If your paperwork is good enough you should not have to say much,if anything.

If you have not clearly denied the plaintiff's claim,they will file a motion for summary judgment claiming:"that there is no substantial controversy as to any material fact".

You need to be clear that there is complete controversy as to every material fact.

Also,since the next hearing will be substantive and not merely procedural,you should let Midland know that you expect them to send a qualified knowledgable representative and an "attorney of record".

In your letter notifying them of your expectations,you should ask them to tell you who they will send to represent Midland and what their qualifications are.

I don't know how far a representative from Midland will have to drive or fly to show up.But I doubt they have any interest in doing so.Plane tickets,hotel room,rental car and a day away from home gets costly,very quickly.

Substantive hearings require testimony.Lawyers can not give testimony.Only qualified representatives with actual knowledge can give testimony.

If a qualified representative from Midland does not show up with an "attorney of record" you should immediately request a dismissal.

The "attorney of record" should be listed on all of the plaintiff's key pleadings.

Often they will send some local lawyer who has no idea about the case.This is unacceptable.Only an "attorney of record" has the required familiarity with the case to be able to adequately address the relevant issues.

Keep good detailed notes about everything that happens.

And as far as any documents go,they don't have any. They've got nothing. They're bluffing as usual and hoping you'll fold. But you're calling their bluff. And now you get to see their six high.

Good Luck.
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#47 Author of original report

I asked that all of the plaintiffs pleadings be stricken

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

I asked that all of the plaintiffs pleadings be stricken in the motion to dismiss. I did send it by fax and certified mail. I have been sending copies to both LBN and Midland Credit Management but I didnt with the Motion to Dismiss. It is the same address and it is received by the same person. In my motion I specified that I sent it to the attorney for Plaintiff.

Hopefully I will be able to observe a day at court to build my confidence and see how things flow.
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#48 Consumer Suggestion

Also,make a "Motion to Strike" today.

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

Call the clerk and find out how many days before your next hearing that motions have to be filed.If it's 21 days,you will have to hurry.

File a "Motion to Strike" as presented earlier.

Add these reasons to the list:

1)I have never had any type of account,agreement or relationship with the plaintiff.
2)I do not owe the plaintiff any money or anything else.
3)I do not have any type of obligation to the plaintiff.
4)The plaintiff has no rights,no interest and no standing in any matter related to me.
5)I am denying their claim and all of their allegations.
6)The Plaintiff's claim is baseless,frivolous and without merit.
7)The plaintiff has failed to show reasonable cause to bring this action.

This "Motion to Strike" will help to clearly establish your denial of their claim.

You may want to change part of the wording at the bottom from:"...and that summary judgment be entered for the defendant...",To:"...and that summary judgment be awarded to the defendant...".But it's not that important.

Be sure to sign all motions.Follow the same procedure as you did to file the "Motion to Dismiss".

Also send a copy to Midland by certified mail and by fax.

Just to be sure,send two copies to Love,Beal& Nixon and to Midland by certified mail with a return receipt requested and by fax,just in case they try to say they didn't get it.

Remember,if this does have to go to trial,someone from Midland will have to show up in court to represent Midland.For trial,they can't just send their lawyer.If someone from Midland does not show up with the lawyer,you can request a dismissal by saying "I motion for a dismissal due to the plaintiff not appearing".Trust me,no one from Midland wants to go to a trial.That's why they always send their lawyer.

Write in a seperate letter:

"Please provide me with the name,contact information and qualifications for the person who will represent Midland Credit Management at trial."

Include this in the envelopes for the "Motion to Strike" and fax it seperately but don't file it with the court.

The "Motion to Strike",basically asks the judge to throw out all of the plaintiff's paperwork because it is so defective and incomplete.And if their paperwork is thrown out,they have no case.

So,at the next hearing,you will have two motions for the judge to rule on.This gives you more power and the plaintiff will have to answer to all of your charges.

You can still win this.It's good that you finally let them know that you were tired of waiting for them to do what they needed to do and now it's too late.They have lost their chance.You are no longer interested in their explanations or their documents.They can keep them for all you care.
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#49 Consumer Suggestion

Hearings

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

Hearings are different than the trial. You might have anywhere from 1 to 20 hearings before a trial. Hearings are to try to settle the case or to resolve any problems before the actual trial.

Some hearings can be held in front of a clerk. But if there is an important decision that has to be made the hearing has to be in front of a judge.

There is usually one room for the clerk and one room for the judge.

Also there are two different clerks. The judges clerk who handles some pre-trial hearings and the clerk of the court who works at the desk and takes care of paperwork.

It seems that your next hearing is Aug 31. Be on time and be prepared. You will be seeing the judge.

Most likely your Sept. 6 was not an actual trial but a hearing. Ask the clerk which room it had been scheduled for, the clerks room or the judges room. If it was the clerks room then it could not have been a trial. Trial has to be in the judges room.

Since you have asked for a dismissal a judge has to rule on your motion. Be sure you are prepared to explain why you think the judge should dismiss this case. If the plaintiff does not show up ask for a dismissal because of plaintiffs failure to appear.

If the case is not dismissed or settled it will have to go to trial. Trial is the final decision wether you win or lose. Trial has to be in front of a judge. The plaintiff will first explain why they should win and you should lose and then you will get the chance to tell why you should win and they should lose. Both sides will get the chance to present thier evidence. Then the judge will decide and award judgement to you or them.

Go soon to watch a trial to see how they work. It helped me alot because I was nervous about talking in front of the judge. You can go anytime you want. Just sit up front and watch carefully.

Going through this taught me alot. I have one other account that I am now working out a settlement on because now I know how to do it. But I will still go to court if I dont think they are going to be fair. You have a lot better chance of making a fair settlement if they think you can go to court if you have to.
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#50 Consumer Suggestion

Hearings

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

Hearings are different than the trial. You might have anywhere from 1 to 20 hearings before a trial. Hearings are to try to settle the case or to resolve any problems before the actual trial.

Some hearings can be held in front of a clerk. But if there is an important decision that has to be made the hearing has to be in front of a judge.

There is usually one room for the clerk and one room for the judge.

Also there are two different clerks. The judges clerk who handles some pre-trial hearings and the clerk of the court who works at the desk and takes care of paperwork.

It seems that your next hearing is Aug 31. Be on time and be prepared. You will be seeing the judge.

Most likely your Sept. 6 was not an actual trial but a hearing. Ask the clerk which room it had been scheduled for, the clerks room or the judges room. If it was the clerks room then it could not have been a trial. Trial has to be in the judges room.

Since you have asked for a dismissal a judge has to rule on your motion. Be sure you are prepared to explain why you think the judge should dismiss this case. If the plaintiff does not show up ask for a dismissal because of plaintiffs failure to appear.

If the case is not dismissed or settled it will have to go to trial. Trial is the final decision wether you win or lose. Trial has to be in front of a judge. The plaintiff will first explain why they should win and you should lose and then you will get the chance to tell why you should win and they should lose. Both sides will get the chance to present thier evidence. Then the judge will decide and award judgement to you or them.

Go soon to watch a trial to see how they work. It helped me alot because I was nervous about talking in front of the judge. You can go anytime you want. Just sit up front and watch carefully.

Going through this taught me alot. I have one other account that I am now working out a settlement on because now I know how to do it. But I will still go to court if I dont think they are going to be fair. You have a lot better chance of making a fair settlement if they think you can go to court if you have to.
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#51 Consumer Suggestion

Hearings

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

Hearings are different than the trial. You might have anywhere from 1 to 20 hearings before a trial. Hearings are to try to settle the case or to resolve any problems before the actual trial.

Some hearings can be held in front of a clerk. But if there is an important decision that has to be made the hearing has to be in front of a judge.

There is usually one room for the clerk and one room for the judge.

Also there are two different clerks. The judges clerk who handles some pre-trial hearings and the clerk of the court who works at the desk and takes care of paperwork.

It seems that your next hearing is Aug 31. Be on time and be prepared. You will be seeing the judge.

Most likely your Sept. 6 was not an actual trial but a hearing. Ask the clerk which room it had been scheduled for, the clerks room or the judges room. If it was the clerks room then it could not have been a trial. Trial has to be in the judges room.

Since you have asked for a dismissal a judge has to rule on your motion. Be sure you are prepared to explain why you think the judge should dismiss this case. If the plaintiff does not show up ask for a dismissal because of plaintiffs failure to appear.

If the case is not dismissed or settled it will have to go to trial. Trial is the final decision wether you win or lose. Trial has to be in front of a judge. The plaintiff will first explain why they should win and you should lose and then you will get the chance to tell why you should win and they should lose. Both sides will get the chance to present thier evidence. Then the judge will decide and award judgement to you or them.

Go soon to watch a trial to see how they work. It helped me alot because I was nervous about talking in front of the judge. You can go anytime you want. Just sit up front and watch carefully.

Going through this taught me alot. I have one other account that I am now working out a settlement on because now I know how to do it. But I will still go to court if I dont think they are going to be fair. You have a lot better chance of making a fair settlement if they think you can go to court if you have to.
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#52 Consumer Suggestion

Hearings

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

Hearings are different than the trial. You might have anywhere from 1 to 20 hearings before a trial. Hearings are to try to settle the case or to resolve any problems before the actual trial.

Some hearings can be held in front of a clerk. But if there is an important decision that has to be made the hearing has to be in front of a judge.

There is usually one room for the clerk and one room for the judge.

Also there are two different clerks. The judges clerk who handles some pre-trial hearings and the clerk of the court who works at the desk and takes care of paperwork.

It seems that your next hearing is Aug 31. Be on time and be prepared. You will be seeing the judge.

Most likely your Sept. 6 was not an actual trial but a hearing. Ask the clerk which room it had been scheduled for, the clerks room or the judges room. If it was the clerks room then it could not have been a trial. Trial has to be in the judges room.

Since you have asked for a dismissal a judge has to rule on your motion. Be sure you are prepared to explain why you think the judge should dismiss this case. If the plaintiff does not show up ask for a dismissal because of plaintiffs failure to appear.

If the case is not dismissed or settled it will have to go to trial. Trial is the final decision wether you win or lose. Trial has to be in front of a judge. The plaintiff will first explain why they should win and you should lose and then you will get the chance to tell why you should win and they should lose. Both sides will get the chance to present thier evidence. Then the judge will decide and award judgement to you or them.

Go soon to watch a trial to see how they work. It helped me alot because I was nervous about talking in front of the judge. You can go anytime you want. Just sit up front and watch carefully.

Going through this taught me alot. I have one other account that I am now working out a settlement on because now I know how to do it. But I will still go to court if I dont think they are going to be fair. You have a lot better chance of making a fair settlement if they think you can go to court if you have to.
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#53 Author of original report

been asking for validation of debt since Feb.

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

I have been asking for validation of debt since Feb. The only thing they sent me was a statement with a dollar amount and the "original account number." When I filed for discovery for the second time I asked for specific documents. I havnt heard anything from them in a while. They sent me the answers and interrogatories. I basically said I didnt know anything because they have failed to provide any proof. If they would have given me the information when I asked for it we wouldnt be in court. If I wouldnt have provided the information and followed procedures of the court they would have gotten a default judgement. I dont think they should get anymore time to provide documents. I feel confident.
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#54 Consumer Suggestion

Whats next.

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

1-What paperwork have they sent you and what exactly did the paperwork say?
2-What did you say in your answer?
3-what did you say in your motion of dismissal?

Once you file a motion your next hearing will be in front of a judge. you will have to explain why he should dismiss the case and the plaintiff will have to explain why he shouldnt. if it is dismissed then its all over. but if its not the judge has to decide if the case is ready for trial.

It would seem that you think that the plaintiff has not given you everything you deserve and thats the reason for your motion of dismissal.

Just explain to the judge why you have asked for the dismissal. If he doesnt dismiss ask him to order the plaintiff to give you everything you deserve. including all information you have been asking for. tell him its not fair to you for the plaintiff to not give you all of the information you deserve.if he doesnt think they have given you enough information he should order them to give you what you need and no trial will be set until your next hearing.

If he thinks that they have given enough and he doesnt dismiss he will ask for the case to be set for trial.

It sounds like there is some confusion related to your next hearing date. be extra sure you know when to go. if your not sure go anyway.

I went through the exact same thing with these guys. if they would have been nicer and just been fair with me I probably would have worked out a payment plan with them but my case got dismissed before trial and I didnt have to pay anything.

If they dont show up for a court date you can ask for the case to be dismissed.

Hang in there.everyone wants you to win.
(except for you know who)

Diane W.
Cedar Rapids, Iowa
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#55 Author of original report

Assignment of Civil Cases

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

I received a document from the court. It is an assignment of Civil Cases. The wording is confusing. I dont understand why they make these documents so complicated.

It says the Civil Doket shall be sounded on Aug 31 by the judge to whom the cases are assigned. Then it lists a bunch of judges and times. Under that it says, " Cases ready for trual shall be set for 9:00 AM on a day certain during the three weeks beginning, Sept 11- 29 or be placed on standby docket..." Schedul of cases will be prepared on the afternoon of Sept 1, 2006 and posted in the court clerks office in room 504...etc.

I called the clerks office and they said this was the hearing. At the scheduling docket I had a trial date set for Sept 6. I then filed motion to dismiss. Can anyone give clarification on this. The last time I asked the clerks office what a scheduling docket was they said it was the hearing also.

Any help is greatly appreciated! Still no documents from LBN.
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#56 Author of original report

Thank you for the help

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

Thank you Tom for giving me the specifics on how to fight this case. I am going to file the motion tom. I have been waiting to see if they would comply with the second request for discovery. You have been a lifesaver. I am going to try and go do some research at the library.

It is hard to find the time to do the proper research with a small child at home and no vehicle during the week. If it goes to court I will make time before the court date. I will keep you posted.
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#57 Consumer Comment

Response to Tom regarding your post to me

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

Tom,

As it is, I spend way too much time here. I cannot go into a line by line with every person. Sometimes people have to do something for themselves, or find someone that can.

I gave all of the essential information to the OP on how to handle them. If followed, it would have been over. I know this because I have had specific dealings with LBN, and with the OK courts.

However, people want results without doing whats needed to get them. And, people REFUSE to stay off the phone and put everything in writing. Anyone who gets on the phone with a collector will lose. Guaranteed.

Every proceedure is clearly listed here on ROR if the OP would just spend a few minutes and search the collection agency category. I have spelled it out in detail. Several times.

And, the terms you listed are specific to TX.
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#58 Consumer Suggestion

Response to Steve. your advice in this case was not very specific or helpful

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

First of all,I do believe that you know how to deal with these guys but your advice in this case was not very specific or helpful.

Jessica's first post was 4-19-2006 and your first advice was on 4-24-2006.If your advice was more specific and comprehensive this should be over by now.She has posted several times and you have advised several times but this is still not dismissed almost 100 days later.

I think that you are smart but one thing that smart people don't always think about is that other people don't understand everything that you do.You've had alot of experience dealing with these guys and you know just what to do.But the people asking for advice are usually dealing with it for the first time and don't know what to do.It can be intimidating and confusing to be sued and have to go to court.

I appreciate constructive criticism so when you say that most of what I say is specific to Texas or "crap" it would be more credible if you would point out what you mean.Be specific.If anything I said was incorrect it is important for you to point it out right away so Jessica doesn't do the wrong thing.

I believe that my advice is solid and generally applicable in every state.I tried to avoid anything that would be specific to Texas but as I'm not a legal expert I do not expect to be perfect.

I did advise Jessica to go to the law library and get the books on "State codes,laws and statutes" and "State rules of civil procedure" to be sure that she complied with her state law.

I did not see her case until 7-20-2006 where she had to ask how to file a motion to dismiss,which is exactly what I told her how to do.It never should have gotten this far.

I have yet to see your advice to her last post.If it's so easy,we're all dying to read your advice.

You should have put it in the last post.I'm sure you will put it in your next one when you reply to this.

You say the procedures are very simple.You say that it is very easy to beat these fools.It is simple and easy for you because you know what to do.But it is obviously not easy for everyone or collectors would be out of business.Collectors get judgements every day.Even if they are not all that brilliant this is all they do all day,it's all they think abount.They know how to do it.

They avoid people like you because you cause too many headaches for them.They look for easy prey.They want victims that don't know how to fight back or defend themselves.

In fact you advised jessica that she was going to lose if she didn't get a lawyer.You knew it for a fact.

I think anyone involved in a serious legal matter should get a lawyer but not everyone wants to or thinks they can afford it.

I do agree with you that in this case she probably should get a lawyer.But she hasn't and that's the situation we have to deal with whether we like it or not.

I try to keep it as simple as possible but since I do not know the specifics I try to be as comprehensive as I think may be necessary.I also try to advise others in general who read multiple posts.

It's lucky for us that you are so experienced in Oklahoma rules of civil procedure as well as collection laws.I'm sure your next post will be brilliant and know exactly what to do.
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#59 Consumer Suggestion

Info for Tom.. Texas is actually one of the hardest states to collect in as they have no wage garnishment allowed under state law.

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

Tom,

When dealing with collectors, especially ones that operate in a different state than you live in, is to use FEDERAL LAW, specifically the FDCPA.

The proceedures and laws you have been quoting on nearly every collection agency post are specific to Texas. Every other state has different rules of civil proceedure, as well as different collections laws.

We do not all live in Texas! The OP lives in OKLAHOMA, and although they are next to each other on the map, they are very far apart in civil proceedure, and collections laws.

Texas is actually one of the hardest states to collect in as they have no wage garnishment allowed under state law.

I lived in Oklahoma, and have been sued by collectors in Oklahoma. I got both suits dismissed without going through any of the crap you posted. It is very easy to beat these fools, and the proceedures are very simple.

Let's just keep it simple!
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#60 Consumer Suggestion

Bill of Complaint.Your Right.

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

A defendant has a right to a "Bill of Complaint".

A plaintiff's "Complaint" must inform the defendant of the nature and substance of the plaintiff's claim.

A "well pleaded complaint" must be sufficiently detailed and logical such that a Judge can clearly see that if the plaintiff's allegations are true then the defendant does owe the money.This is known as a "claim on which relief can be granted".

It must state the "cause of action" which is the reason that the plaintiff has filed a lawsuit.And it must contain a "prayer for relief" which is the plaintiff's request for money.

Example:

________________


COMPLAINT

On July 04 2005 the plaintiff,XYZ corporation,and the defendant,Mr.Thomas Smith,entered into a written contract(see attached copy).The terms of the contract were....The plaintiff performed their obligations under the contract on July 18 2005.The defendant was supposed to do.....on July 25 2005 and they did not do so.The plaintiff has tried to settle this matter but the defendant has refused to cooperate.The defendant,due to their breach of contract,now owes the plaintiff $5,678.00 (See attached copy of calculation).Plaintiff feels that their final opportunity for relief is through this lawsuit.Plaintiff petitions the court to award judgement to the plaintiff in the amount of $5,678.00.


Sincerely,Linda Evans,CEO of XYZ Corporation.

______________

What the plaintiff did to earn the money is called the "consideration".They have to specify this.

What the defendant was supposed to due but didn't is called the "breach".They must specify each and every breach and give the date of each.

The plaintiff must show how they tried to settle the matter before going to court.They must send a formal "Final Demand" letter.A "Final Demand" is a letter that contains their "Complaint" and notifys you if you do not settle the matter they will be filing suit.This should state that you have a fixed time to respond.

If the plaintiff claims that their claim is based on a written contract,they must produce the actual contract or a reasonable copy of it.It must be a contract to which they are a party to.Their name has to be on the contract.If the defendant denies entering into a contract and the plaintiff does not produce it,the lawsuit is dismissable.

If the defendant denies owing any money to the plaintiff,the plaintiff must produce a copy of how they calculated the amount they are requesting.

If the plaintiff claims that they bought an account or debt they have to specify exactly what they bought,in detail.They have to produce a bill of sale or a contract of assignment that contains all relevant information including the date and the price paid.If the defendant denies plaintiff's claim and requests the alleged written agreement and the plaintiff does not produce it,the claim is dismissable.The plaintiff cannot claim an oral agreement for multiple reasons including the "Statute of Frauds".The
"Statute of Frauds" requires written documentation for contracts over $500.00,for contracts related to the debt of others and for other reasons.

Just because a debt or account is sold or assigned does not mean that you cannot dispute the original debt.If you do dispute it the original creditor also has to come to court to prove the original obligation.They can be required to join the plaintiff as an
"Indispensible Party".

Most of the time the collection agency does not want to involve the original creditor so they will file suit as if you had an account with them.When they do this you can honestly claim that you have never had any type of account with them.And since they can't prove you did,they lose.

If the plaintiff claims that an account was assigned you can say that the assignment would not have been legal because a collection agency is not able to provide the same services that a bank can.A contract is not assignable to someone that is not capable of performing the duties of the original party.Each state has specific rules about assignment.Check "State Codes,Laws and Statutes" at the courthouse's law library

If the plaintiff does not provide the defendant all of the things that they are required to,their claim is considered "defective".The defendant has the right to point out any defects and ask that the plaintiff remedy such defect.

If the plaintiff's claim does not contain all of the required elements,the defendant can request that the judge instruct them to provide a
"More Definite Statement".This is done by a motion for a more definite statement.You can file this motion in writing before a hearing or ask for it at a hearing.

If the plaintiff does not produce the "More Definite Statement" by the date that they are ordered to,you can make a motion to dismiss.

If they give you a "More Definite Statement"
(Also called a "Bill of Particulars")that does not give you all of the information you are entitled to you can motion to have it stricken as "Unresponsive".And then you can motion for the case to be dismissed.

These are your rights.Demand them as many times as you have to.Keep good notes about everything.

This should get them to request a "Nonsuit" or a dismissal.A "Nonsuit" is a type of dismissal.If they send you paperwork notifing you that they are requesting a dismissal be sure to still go to the next hearing date to be sure that the dismissal is officially entered.

Keep the phone number to the clerk of the court handy for any questions.Ask them what information is available online and how to access it.Ask them for a copy of all paperwork filed related to the case to see if you're missing any paperwork.

Good Luck.

I am not a lawyer.This is not intended to give legal advice to anyone,for any purpose or to address any specific matter.It should not be relied on or utilized as such.It is inportant to know the specific laws and rules for your area and apply them to your specific case.If you feel like you need legal advice you should consult an attorney licensed in your state and who specializes in your type of case.
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#61 Consumer Suggestion

Thank-You !

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

More reasons to dismiss.

1)Plaintiff has refused multiple requests to provide defendant with the particulars of this matter.

2)Plaintiff did not give the defendant a fair opportunity to address this matter before filing suit.

3)Plaintiff did not send a proper, formal final demand letter before bringing suit.

4)I believe that the plaintiff has deliberately withheld relevant information in an attempt to prejudice the defendant and deny defendant due process.


____________________

Also I would make a "Motion to Strike".Same format as "Motion to Dismiss" and give the reasons.

1)All of the plaintiff's pleadings, in their totality, are insufficient to inform the defendant of exactly what their cause of action is.

2)All of the plaintiff's pleadings fail to present a cause of action,a complaint or a claim for which relief can be granted.

3)All of the plaintiff's pleadings are vague, ambiguous, and incomplete despite repeted requests by the defendant for a full and complete explanation of their claim including all details and supporting documentation.

4)I believe that the plaintiff is deliberately withholding relevant details to prejudice the defendant.

5)I believe that the plaintiff is being vague,unresponsive,ambiguous and evasive in a deliberate attempt to deny the defendant their right to due process.

I believe that the plaintiff,being represented by professional counsel, has had sufficient opportunity to present pleadings that are clear, definitive, unambiguous and complete and that they have failed to do so.


Therefore, for all of the above reasons I respectfully request that all of the plaintiff's pleadings be stricken and that summary judgement be entered for the defendant or that this case be dismissed with prejudice.

Sincerely,DEFENDANT'S NAME


Include other info like on "Motion to Dismiss".
File same as Motion to Dismiss.
Send copy to defendant's lawyers by certified mail return receipt requested and by Fax.


__________________

A stricken pleading means that the judge has thrown it out as defective. If any key pleadings are stricken their case is dismissable.

It is very important that you file these as soon as possible. Check Rules for time limit. Still file even if past time. These motions will be critical if you lose so that you can use them to file a motion for a new trial or an appeal.

These should make the plaintiff quit.

If they don't quit, at the next hearing the judge will hear arguments from the plaintiff as to why he should deny both of your Motions and you will get a chance to preset any further information you want to provide.

He will then either grant or deny your motions.If he denys them he will probably order the plaintiff to file a "More Definite Statement" by a certain date.

If they do not file a "More definite Statement" by the due date immediately file a motion to dismiss. Reason: Plaintiff has failed to produce a "More Definite Statement" as ordered by the court.

Have this typed up and ready to file the day after the "More Definite Statement" is due.

If they do present to you a proper complaint it must include the specific reason that you owe them anything including the date of the alleged reason for the indebtedness. If they are specifying that you had an account with them and they do not specifically mention any original creditor then you can honestly deny ever having any type of account with Midland.

They must include a specific breach by you and they must include the date. If they are alleging an account that you have defaulted on they have to specify the date of default. That should be the date of last activity.

____________________
If they specify a date more than 3 years ago you can motion to dismiss. Give the reasons:

1)Plaintiff has specified a date in their complaint that now bars them from bringing suit due to the statute of limitations.

2)Estoppel by laches. Plaintiff has ureasonably delayed and has been negligent in pursuing this claim in a way that prejudices the defendant.

3)As plaintiff has not alleged a written contract or produced a copy of any written contract,I believe the default Statute of Limitations of 3 years applies to this matter.

4)I was not given a fair opportunity to raise these defenses previously because the plaintiff unfairly and deliberately withheld information they were obligated to provide earlier.

While I do not agree with or concede to any of the plaintiff's allegations, I believe that these defenses bar plaintiff's claim even if their allegations were true.

Therefore I request that this case be dismissed with prejudice.

Same procedure as last motion to dismiss.

___________________

If they send you another misleading or incomplete complaint as their "More Definite Statement". Immediately file another motion to dismiss and a motion to strike. Give the same reasons as the first Motion to Dismiss and the first motion to strike and include one more reason: Plaintiff's "More definite Statement" is insufficient and unresponsive.

Just use the same forms, change the dates and add the extra reason to both.


Do not accept anything less than a full, complete and detailed response with all supporting documentation.

If you get it, and I doubt you will, Immediately start attacking every item. Request proof of everything no matter how small. They have to prove only what you question so question everything. Request documents,computer files,names of anyone, with contact information, that has given them any relevant information or that has any relevant information so that you can contact them.
Request everything. Ask them for the name and contact information for the person from Midland Credit Management who will represent them at trial. If they request any information from you provide as little as possible. It's been a long time and records get lost or thrown away. You can't keep them forever. Just keep asking them for information. They bear the burden of proof. You don't have to prove anything.

Remember, if they have to go to trial, they won't be able to just send their lawyer. Someone from the Midland will actually have to fly into town for the day and represent their case. If they don't you can motion to dismiss.

The best way to win is to be ready to take this all the way to trial.

Let them know you are prepared to defend all the way to trial.

Even if you have to go to trial you could probably win. You could even hire a lawyer just for trial.

If you lose,you can motion for a new trial or you could file an appeal. And if you still lost, they would have to petition the court for some way to collect the judgement. You can fight that.At best the court would only order you to pay about 25 dollars per week due to your circumstances.

So don't worry,you will win. I believe in you.

Good luck and tell your husband thank you for his service to our great country. He is protecting the Freedom and rights we enjoy every day.
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#62 Consumer Suggestion

Thank-You !

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

More reasons to dismiss.

1)Plaintiff has refused multiple requests to provide defendant with the particulars of this matter.

2)Plaintiff did not give the defendant a fair opportunity to address this matter before filing suit.

3)Plaintiff did not send a proper, formal final demand letter before bringing suit.

4)I believe that the plaintiff has deliberately withheld relevant information in an attempt to prejudice the defendant and deny defendant due process.


____________________

Also I would make a "Motion to Strike".Same format as "Motion to Dismiss" and give the reasons.

1)All of the plaintiff's pleadings, in their totality, are insufficient to inform the defendant of exactly what their cause of action is.

2)All of the plaintiff's pleadings fail to present a cause of action,a complaint or a claim for which relief can be granted.

3)All of the plaintiff's pleadings are vague, ambiguous, and incomplete despite repeted requests by the defendant for a full and complete explanation of their claim including all details and supporting documentation.

4)I believe that the plaintiff is deliberately withholding relevant details to prejudice the defendant.

5)I believe that the plaintiff is being vague,unresponsive,ambiguous and evasive in a deliberate attempt to deny the defendant their right to due process.

I believe that the plaintiff,being represented by professional counsel, has had sufficient opportunity to present pleadings that are clear, definitive, unambiguous and complete and that they have failed to do so.


Therefore, for all of the above reasons I respectfully request that all of the plaintiff's pleadings be stricken and that summary judgement be entered for the defendant or that this case be dismissed with prejudice.

Sincerely,DEFENDANT'S NAME


Include other info like on "Motion to Dismiss".
File same as Motion to Dismiss.
Send copy to defendant's lawyers by certified mail return receipt requested and by Fax.


__________________

A stricken pleading means that the judge has thrown it out as defective. If any key pleadings are stricken their case is dismissable.

It is very important that you file these as soon as possible. Check Rules for time limit. Still file even if past time. These motions will be critical if you lose so that you can use them to file a motion for a new trial or an appeal.

These should make the plaintiff quit.

If they don't quit, at the next hearing the judge will hear arguments from the plaintiff as to why he should deny both of your Motions and you will get a chance to preset any further information you want to provide.

He will then either grant or deny your motions.If he denys them he will probably order the plaintiff to file a "More Definite Statement" by a certain date.

If they do not file a "More definite Statement" by the due date immediately file a motion to dismiss. Reason: Plaintiff has failed to produce a "More Definite Statement" as ordered by the court.

Have this typed up and ready to file the day after the "More Definite Statement" is due.

If they do present to you a proper complaint it must include the specific reason that you owe them anything including the date of the alleged reason for the indebtedness. If they are specifying that you had an account with them and they do not specifically mention any original creditor then you can honestly deny ever having any type of account with Midland.

They must include a specific breach by you and they must include the date. If they are alleging an account that you have defaulted on they have to specify the date of default. That should be the date of last activity.

____________________
If they specify a date more than 3 years ago you can motion to dismiss. Give the reasons:

1)Plaintiff has specified a date in their complaint that now bars them from bringing suit due to the statute of limitations.

2)Estoppel by laches. Plaintiff has ureasonably delayed and has been negligent in pursuing this claim in a way that prejudices the defendant.

3)As plaintiff has not alleged a written contract or produced a copy of any written contract,I believe the default Statute of Limitations of 3 years applies to this matter.

4)I was not given a fair opportunity to raise these defenses previously because the plaintiff unfairly and deliberately withheld information they were obligated to provide earlier.

While I do not agree with or concede to any of the plaintiff's allegations, I believe that these defenses bar plaintiff's claim even if their allegations were true.

Therefore I request that this case be dismissed with prejudice.

Same procedure as last motion to dismiss.

___________________

If they send you another misleading or incomplete complaint as their "More Definite Statement". Immediately file another motion to dismiss and a motion to strike. Give the same reasons as the first Motion to Dismiss and the first motion to strike and include one more reason: Plaintiff's "More definite Statement" is insufficient and unresponsive.

Just use the same forms, change the dates and add the extra reason to both.


Do not accept anything less than a full, complete and detailed response with all supporting documentation.

If you get it, and I doubt you will, Immediately start attacking every item. Request proof of everything no matter how small. They have to prove only what you question so question everything. Request documents,computer files,names of anyone, with contact information, that has given them any relevant information or that has any relevant information so that you can contact them.
Request everything. Ask them for the name and contact information for the person from Midland Credit Management who will represent them at trial. If they request any information from you provide as little as possible. It's been a long time and records get lost or thrown away. You can't keep them forever. Just keep asking them for information. They bear the burden of proof. You don't have to prove anything.

Remember, if they have to go to trial, they won't be able to just send their lawyer. Someone from the Midland will actually have to fly into town for the day and represent their case. If they don't you can motion to dismiss.

The best way to win is to be ready to take this all the way to trial.

Let them know you are prepared to defend all the way to trial.

Even if you have to go to trial you could probably win. You could even hire a lawyer just for trial.

If you lose,you can motion for a new trial or you could file an appeal. And if you still lost, they would have to petition the court for some way to collect the judgement. You can fight that.At best the court would only order you to pay about 25 dollars per week due to your circumstances.

So don't worry,you will win. I believe in you.

Good luck and tell your husband thank you for his service to our great country. He is protecting the Freedom and rights we enjoy every day.
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#63 Consumer Suggestion

Thank-You !

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

More reasons to dismiss.

1)Plaintiff has refused multiple requests to provide defendant with the particulars of this matter.

2)Plaintiff did not give the defendant a fair opportunity to address this matter before filing suit.

3)Plaintiff did not send a proper, formal final demand letter before bringing suit.

4)I believe that the plaintiff has deliberately withheld relevant information in an attempt to prejudice the defendant and deny defendant due process.


____________________

Also I would make a "Motion to Strike".Same format as "Motion to Dismiss" and give the reasons.

1)All of the plaintiff's pleadings, in their totality, are insufficient to inform the defendant of exactly what their cause of action is.

2)All of the plaintiff's pleadings fail to present a cause of action,a complaint or a claim for which relief can be granted.

3)All of the plaintiff's pleadings are vague, ambiguous, and incomplete despite repeted requests by the defendant for a full and complete explanation of their claim including all details and supporting documentation.

4)I believe that the plaintiff is deliberately withholding relevant details to prejudice the defendant.

5)I believe that the plaintiff is being vague,unresponsive,ambiguous and evasive in a deliberate attempt to deny the defendant their right to due process.

I believe that the plaintiff,being represented by professional counsel, has had sufficient opportunity to present pleadings that are clear, definitive, unambiguous and complete and that they have failed to do so.


Therefore, for all of the above reasons I respectfully request that all of the plaintiff's pleadings be stricken and that summary judgement be entered for the defendant or that this case be dismissed with prejudice.

Sincerely,DEFENDANT'S NAME


Include other info like on "Motion to Dismiss".
File same as Motion to Dismiss.
Send copy to defendant's lawyers by certified mail return receipt requested and by Fax.


__________________

A stricken pleading means that the judge has thrown it out as defective. If any key pleadings are stricken their case is dismissable.

It is very important that you file these as soon as possible. Check Rules for time limit. Still file even if past time. These motions will be critical if you lose so that you can use them to file a motion for a new trial or an appeal.

These should make the plaintiff quit.

If they don't quit, at the next hearing the judge will hear arguments from the plaintiff as to why he should deny both of your Motions and you will get a chance to preset any further information you want to provide.

He will then either grant or deny your motions.If he denys them he will probably order the plaintiff to file a "More Definite Statement" by a certain date.

If they do not file a "More definite Statement" by the due date immediately file a motion to dismiss. Reason: Plaintiff has failed to produce a "More Definite Statement" as ordered by the court.

Have this typed up and ready to file the day after the "More Definite Statement" is due.

If they do present to you a proper complaint it must include the specific reason that you owe them anything including the date of the alleged reason for the indebtedness. If they are specifying that you had an account with them and they do not specifically mention any original creditor then you can honestly deny ever having any type of account with Midland.

They must include a specific breach by you and they must include the date. If they are alleging an account that you have defaulted on they have to specify the date of default. That should be the date of last activity.

____________________
If they specify a date more than 3 years ago you can motion to dismiss. Give the reasons:

1)Plaintiff has specified a date in their complaint that now bars them from bringing suit due to the statute of limitations.

2)Estoppel by laches. Plaintiff has ureasonably delayed and has been negligent in pursuing this claim in a way that prejudices the defendant.

3)As plaintiff has not alleged a written contract or produced a copy of any written contract,I believe the default Statute of Limitations of 3 years applies to this matter.

4)I was not given a fair opportunity to raise these defenses previously because the plaintiff unfairly and deliberately withheld information they were obligated to provide earlier.

While I do not agree with or concede to any of the plaintiff's allegations, I believe that these defenses bar plaintiff's claim even if their allegations were true.

Therefore I request that this case be dismissed with prejudice.

Same procedure as last motion to dismiss.

___________________

If they send you another misleading or incomplete complaint as their "More Definite Statement". Immediately file another motion to dismiss and a motion to strike. Give the same reasons as the first Motion to Dismiss and the first motion to strike and include one more reason: Plaintiff's "More definite Statement" is insufficient and unresponsive.

Just use the same forms, change the dates and add the extra reason to both.


Do not accept anything less than a full, complete and detailed response with all supporting documentation.

If you get it, and I doubt you will, Immediately start attacking every item. Request proof of everything no matter how small. They have to prove only what you question so question everything. Request documents,computer files,names of anyone, with contact information, that has given them any relevant information or that has any relevant information so that you can contact them.
Request everything. Ask them for the name and contact information for the person from Midland Credit Management who will represent them at trial. If they request any information from you provide as little as possible. It's been a long time and records get lost or thrown away. You can't keep them forever. Just keep asking them for information. They bear the burden of proof. You don't have to prove anything.

Remember, if they have to go to trial, they won't be able to just send their lawyer. Someone from the Midland will actually have to fly into town for the day and represent their case. If they don't you can motion to dismiss.

The best way to win is to be ready to take this all the way to trial.

Let them know you are prepared to defend all the way to trial.

Even if you have to go to trial you could probably win. You could even hire a lawyer just for trial.

If you lose,you can motion for a new trial or you could file an appeal. And if you still lost, they would have to petition the court for some way to collect the judgement. You can fight that.At best the court would only order you to pay about 25 dollars per week due to your circumstances.

So don't worry,you will win. I believe in you.

Good luck and tell your husband thank you for his service to our great country. He is protecting the Freedom and rights we enjoy every day.
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#64 Consumer Suggestion

Motion to Dismiss. HOW TO! time is of the essence. Take action immediately.

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

The best source of information for you is the law library at the courthouse or a regular library.Ask the librarian for help. Check the books on rules of civil procedure and on state statutes.They cover everything.Make copies of any relevant pages. Also check the law dictionary and copy any relevant terms.Rules of civil procedure covers how to file a motion and should contain a sample form you can copy. Proper research is always critical but in your case it is especially important because you are so far along.

See the clerk of the court at the courthouse and ask about the procedure to file a motion and ask for a copy of a sample form.Also ask the clerk which room you will be in for your next court date.In most courts there is a room for trials and a room for pre-trial hearings.These rooms are usually labeled A and B.
If your "trial" is scheduled for the pre-trial room it is a good indication that the plaintiff has no intention of going to trial.Ask the clerk which room is which.These guys never go to trial. That's why they try so hard to settle before trial.If they did go to trial someone from the plaintiff's company would have to fly in from out of town.They couldn't just send a lawyer like they do for pre-trial hearings.

Attached to the initial summons should be a "Petition" or a "Complaint".Check Rules of civil procedure for details.The petition should set forth the basis for the plaintiff's action(lawsuit) and all relevant details.You have an absolute right to this.If the summons did not have this attached you need to motion for it right away.

If the plaintiff is alleging a written contract they have to specify it in their complaint and they have to provide you with a copy.They have to produce a contract between you and them.

If the plaintiff has included the petition or complaint but you feel that it is inadequate you can file a "Motion for a more definite statement".
Also called a "Motion for a bill of Particulars".
This requires them to give you a more detailed explanation of their case.Check Rules of civil procedure.

If their "More definite statement" is vague or ambiguous you can motion to have it stricken.
A "Motion to strike" is used when you feel a pleading is not responsive or is defective in some other way.Pleadings are papers filed with the court.Responsive means that their paper did not do what you thought it should.Like informing you of what you needed to know.If plaintiff's pleadings are vague,ambiguous,unintelligible,
incomprehensible,evasive or not signed by an attorney of record you can motion to have them stricken.

You have a right to know exactly what you are being accused of,in detail.The plaintiff has to state a cause of action,a claim on which relief can be granted and all relevant details.A claim on which relief can be granted is a claim that clearly spells out exactly why the plaintiff believes that you owe them money and is sufficiently legal and logical to persuade a judge that you do owe the money.

If the plaintiff is alleging an assignment or sale they have to spell it out in detail and provide proof including a contract of sale or assignment.Also you may be able to dispute the original obligation.Don't automatically assume you've lost that right.If you have reevaluated all available information and have concluded that you really don't owe the money then you have the right to say so.Then you can require the original creditor to be joined with the plaintiff because that's who is alleging this debt in the first place and they are the ones who have to prove it if you dispute it.

There are certain grounds to request dismissal.

1)Plaintiff refuses to file a Petition. (May be also called a "Bill of Complaint").

2)The plaintiff has not stated a cause of action.A cause of action on a contract needs to contain specific breaches by you.Breaches are things you were required to do but didn't do.The plaintiff has to specify what you were obligated to do,why you were obligated to do it and on what date you were officially in breach.A cause of action has to set forth reasonable details to justify a plaintiff's lawsuit.

3)Plaintiff was ordered to produce a More definite statement but did not do it by the time specified by the court.

4)Plaintiff has not stated a claim on which relief can be granted.

5)If any key pleadings are stricken then the suit may be dismissable.

6)Plaintiff has not brought suit in a timely manner and is now barred by the statute of limitations.

7)Plaintiff has not brought suit in a timely manner and this has prejudiced the defendant in a significient way.LACHES

There are others too.Research defenses.

A Motion is a request that the court do something.

Here's how:

You can use the sample from the court or you can type it on a standard sheet of paper.Check rules for exact format.

Example:

_________________________

MOTION TO DISMISS


DATE

COURT NAME AND ADDRESS

PLAINTIFF NAME AND ADDRESS

DEFENDANT NAME AND ADDRESS

CASE NUMBER


I hereby motion for this case to be dismissed for the following reasons:


1)Plaintiff has not stated a claim on which relief can be granted.

2)Plaintiff has not stated a cause of action.

3)Pliantiff has failed to produce a copy of a contract or other written agreement.

4)I have never had any type of account,agreement or relationship with plaintiff

5)Plaintiff has never sent a proper formal final demand letter.

6)Plaintiff has not filed a proper complaint.

7)Plaintiff has failed to assign specific breaches for which the action is brought.

8)The plaintiff has failed to show reasonable cause to bring action.

9)The plaintiff has failed to allege the making of any agreement,the substance of the terms of any agreement,any consideration or any breach by the defendant.


Therefore I respectfully request that this case be dismissed with prejudice or that summary judgement be entered for the defendant.


Sincerely, YOUR NAME
Pro se.


Copy mailed to: PLAINTIFF'S NAME
C/O PLAINTIFF'S ATTORNEY'S NAME
PLAINTIFF'S ATTORNEY'S ADDRESS
PLAINTIFF'S ATTORNEY'S FAX NUMBER

Copy mailed by certified mail and faxed:DATE

__________________


Note:"Dismissed with prejudice" means that the case is permanently dismissed."Dismissed without prejudice" means that the plaintiff can refile at a later time if they want to.

"Pro Se" means that you appearing on your own behalf and representing yourself.

Then you take your motion to the courthouse and give a copy to the clerk of the court.The clerk will time stamp and certify it.The clerk will then give you a time stamped and certified copy.Then you send a time stamped and certified copy to plaintiff's lawyers by Fax and certified mail.Go to any copy shop to fax something.Be sure to check your state's rules of procedure for exact procedures.Pleadings like Motions have to be made on time.Usually there is a specified time before your next court date to have your papers filed so don't delay.Motions do not necessarily have to be written,you can make a motion while in court if it is appropriate.Like if the plaintiff does not show up you can say "I motion that this case be dismissed due to plaintiff not appearing."


One of the best things you can do is to go to the courthouse for a day.Do this well before your next court date.Go to the law library and do your research.Go to see the desk clerk and ask about procedures.Go early to the pre-trial hearing room to watch collection agency lawyers work.There is a collection agency attorney there almost every day,check the notice board to see who's there.
Go to the trial room to see how a trial actually works.The best way to avoid trial is to be ready to go there and win.Notice how you see lots of collection agency attorneys in the pre-trial room but never in the trial room.If you see one in the trial room get a picture and send it to "Ripley's believe it or not" or to "The Enquirer" because it's more rare than a Bigfoot sighting.Going to the courthouse for the day will give you big benefits so don't put it off.

You have plenty of rights but they don't mean anything if you don't know them or use them.

The court is interested in justice and they want to help you but you have to take action.

Always show up to court on time or the plaintiff will ask for and they will be granted a "Default
Judgement".If you can't make it,you need to file a "Motion for a Continuance" and give the reasons.
If the plaintiff does not show up you can request that the case be dismissed.

The reason that collection agencies avoid giving you any details is that they know that if they did their case would be way too easy to beat.They act like they don't have to tell you anything but it is your absolute right to clearly understand exactly what they are accusing you of and they have to tell you everything if you demand it.Do not let them get away with vague,evasive or partial answers.If they do not give you a full and complete explanation of their case including all details and documentation you have the right to have their suit dismissed.If they do give you a full and complete detailed complaint the way to beat it will be obvious.It is guaranteed to have a fatal flaw.Find it and you defeat this suit.

Remember, time is of the essence. Take action immediately.

Keep us posted and good luck.


I am not a lawyer.This is not intended to give legal advice to anyone,for any purpose or to address any specific matter.It should not be relied on or used as such.It is presented "As Is".
If you feel like you need legal advice you should consult an attorney licensed to do business in your state and who specializes in your type of case.
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#65 Author of original report

scheduling docket

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

They sent in a local attorney who did not know the particulars of the case. He wanted to see my documents but I said no. Granted it was just a scheduling docket. I have a court date set for September 6. Does anyone know how to file a motion to dismiss? They have still not provided me documentation pertaining to discovery. The second time I asked for it through the court was June 28. Any and all help would be appreciated. I did contact Bud Hibbs and he referred me to an attorney in Oklahoma City. He hasnt returned my phone call.
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#66 Consumer Suggestion

In this particular case, I think you need an actual attorney!

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

Jessica,

I have dealt with Love, Beal, and Nixon. [Well actually it's just Love and Beal, Nixon has been dead for a long time!].

They are very underhanded and sleazy. They think nothing of falsifying documents and outright lies to the court.

You NEED an attorney, or you will have a judgement against you. I know this for a fact.

Go to budhibbs.com and click on the links section and go to NACA. You can get a lawyer in your area that specializes in these matters and are very reasonable and some are free for some things.

Do this right away.

Good luck!
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#67 Author of original report

How do I motion to dismiss

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

How do I file these violations? I know that they added on attorneys fees before it went to court and was granted.

Do I have to file a motion to dismiss or can I do it in writing to the judge. What grounds can I file a motion to dismiss. They have failed to give me the proper documentation. The thing that could hurt me is that I agreed by phone to pay because I was scared before I asked for documentation. After I canceled my payment I asked for the documentation and they still have not provided it to me. This started back in February. We have a court date on July 20. Should I just wait to go to court?

Thanks for the help
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#68 Consumer Suggestion

Kent is absolutely right re: Leesa and Jessica

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

Kent,

That is exactly what I tell everyone. NEVER fill out these forms, they are trying to trick you into re-affirming the debt.

Here's what you do. On the forms write: "I have no knowledge of this debt being owed to you, therefore I have no documents to provide to you"

Also be sure that you let the court know that they ignored your requests for debt validation prior to filing the lawsuit.

Immediately file a Bar Association complaint against them for unethical practices and blatant FDCPA violations. Attorneys are REQUIRED to fully comply with all laws, and ignorance of said law is no excuse. That is why they go to law school and take a bar exam.

Also be sure to file FTC complaints [online] individually on each violation as it is the # of complaints that brings investigation and fines.

And keep in mind, the "burden of proof" is ALWAYS on the debt collector to prove you owe the debt TO THEM. It is never your burden to prove that you do not owe it.

Good luck.
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#69 Author of original report

went for some free legal advice

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

I finally broke down and went for some free legal advice. My husband is in the military. I was told if I was going to fight this get an attorney. When you are answering the discovery papers you have to be very specific. In my case I do not have much information on the account.

"An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless he states that he has made reasonable inquiry and that the information known or readily obtainable by him is insufficiernt to enable him to admit or deny"

When I did my answer to the lawsuit I did not word it correctly. I was told to plead with the judge because I did not have money for attorney and I was doing the best that I could. They still should have sent the information I requested. In answering their discovery I am going to ask once again for the documents I need and state that I have sent 3 certified letters asking for the info. It seems so technical and I dont want them to win because I dont word it correctly.

I will keep you posted and any advice is welcomed.
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#70 Consumer Comment

Jessica dont send them anything

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

Greetings

you are being harrased by one of the lowest bottom feeder companies. Love, Beal & Nixon

They are trying to pull a fast one do not send them anything admit to nothing the suit has been filed thats the bottom line go to court settle it there. they are counting on you not showing up. they want to win by default thats how these slimes work. have you ever signed a contract with Love, Beal & Nixon did you buy anything from them.

stick to your guns demand proof of the debt demand original copies make them prove they represent the original creditor.

these scumbags are pros at intimidation fight back. the next time you get contacted by one of these puke companies send them a cease and desist order

The Basinite
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#71 Consumer Suggestion

LBN

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

Jessica,
I am going through the same exact thing with LB&N. I am currently writing my discovery answers as I type. I requesting validation and they sent to me a letter stating they have requested the document I asked for, and will not take any further action until documents are received. I have already received the affidavit signed by the notary that i guess they send to everyone. Let me know what happens with youe case. I am having such a hard time with answering the discovery, etc. Any tips would be helpful.

We will conquer!

LM
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#72 Author of original report

Admission and Interrogatories and request for production of documents

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

I sent a certified letter to the courts and to both the collection agency and LBN asking for discovery and documents pertaining to the case. I asked for date of last activity. They received this letter on May 23, 2006 and I have yet to receive information.

I received a certified letter in the mail from LBN asking for Admissions and Interrogatories and request for production of documents. The letter is worded in a way that it is hard to understand. It asks me to admit I am obligated to this alleged debt and asks for all documents I intend to use in court. Isnt it their burden of proof and also I have requested the same information from them and it has been over 30 days. What would be my next step. A court date is set for July 20.
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#73 Author of original report

Admission and Interrogatories and request for production of documents

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

I sent a certified letter to the courts and to both the collection agency and LBN asking for discovery and documents pertaining to the case. I asked for date of last activity. They received this letter on May 23, 2006 and I have yet to receive information.

I received a certified letter in the mail from LBN asking for Admissions and Interrogatories and request for production of documents. The letter is worded in a way that it is hard to understand. It asks me to admit I am obligated to this alleged debt and asks for all documents I intend to use in court. Isnt it their burden of proof and also I have requested the same information from them and it has been over 30 days. What would be my next step. A court date is set for July 20.
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#74 Consumer Suggestion

John, you need a reality check!..AND some facts for you..

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

John,

Yes, you are right, there are thousands of suits files by or on behalf of debt buyers. And yes, these are large publicly traded companies.Any moron can file a lawsuit. That means nothing.

However, this is where your correct information ends.

First of all, I have beaten (7) law firms who attempted to sue me in the past 4+ years. Yes, they did just go away. Lawyers attempt to use intimidation to get what they want and it simply doesnt work for me. I go all the way, I immediately file a Bar Association complaint on any debt collector attorney, as well as FTC complaints. I have 1 "lawyer" right now who will most likely be looking for a job at Wal-Mart soon. Any lawyer who does debt collection knows nothing, as if they did, they would not be doing debt collection.

These big publicly traded companies file more bogus lawsuits than legitimate ones. They know they cannot win in court. They simply hope for default. This is the ONLY way they win. It is a numbers game.

And to Chris in OK..I don't brag..I get results. I play for keeps..AND I can document anything I have posted here.

John, If attorneys are so good at what they do, why have they never collected from me or even gotten a judgement? And why is one in the middle of getting dis-barred right now?

AND..let me clear up the fact that I NEVER told anyone to ignore a creditor. Nor did I ever tell anyone to ignore a summons or other LEGAL process. I say NEVER speak on the phone, and only communicate in writing by certified mail.

A consumer is never required to prove they do not owe the debt, nor are they ever required to provide any information to incriminate themselves. That is YOUR JOB! YOU need to prove the consumer owes the debt!

I encourage everyone to fight back hard and demand documentation with PROOF. REAL PROOF. Not just some copy of an old statement from the original creditor.

A debt buyer DOES have to prove legal ownership of a "debt" in court. They ARE obligated to show who they paid and how much. This is my #1 defense and it works EVERY time!

You guys read whatever you want into my posts, but these are the facts.

Debt buyers are parasites and scumbags.
Debt collectors are scumbags.
Debt collector attorneys are scumbags.

Those are the facts.

Question: If law firms always win, why even bother calling and harrassing consumers, or sending letters etc? Why not just buy the portfolio, and immediately just file a lawsuit on each and every one? If you always win, you have nothing to lose right?

Reality check.
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#75 Author of original report

answer to the court

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

Is an answer to the court different then a letter in regards to the summons. I sent a letter a couple of weeks ago asking for information regarding the account. Asking for all documents regarding the case. I still dont know the date of last activity and I believe it is past the SOL. Do I need to send something specifically to the courts for the answer. I dont want it to default.

Does anyone know how long LBN has to respond and give me the information before I can ask for a dismissal.
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#76 Consumer Comment

Front lines

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

Steve,

Being on the front line of litigation as plaintiffs attorneys for creditors I see it every day. We don't go away. Attorneys have an obligations to represent their clients on both sides. A debt purchaser, or third party sued this woman. Hibbs and you say not to pay third parties. Ignore them. The result is going to be law suits and you admitted as much. Most people are not sofisticated consumers and therefore not able to understand the legalese that exist in this issues. You have recomended that she fight this on her own, probably without counsel. Not wise. I doubt you know what the terms and conditions of the original credit contract say.

The debt purchasers have scores of suits in the systems as do collection agencys. Some debt purchaser are publicly traded companies that are backed by Wall Street. Ignore them and you may very well get sued. Check public record. How many of these cases get dismissed? A small minority. It isn't because the third party knows their wrong, it's because people know they owe the money. It isn't about beating them, it's about protecting your rights if they are wrong.

So she wasn't able to pay, it happens. She would like to deal with it, good for her. But your logic is to ignore the third party collection agencys. Doesn't seem so wise in light of what happened.

I say again, Illegal collection activity should be stopped! The consumer has agency's, ie the Attorney General the FTC and the civil courts to address these issues. Their rights for these violations should be protected and severe consequences for the violators.

It seems that you have a lot of experience in beating debt. I'm just a normal guy and never get called by collection agencys or debt purchasers except once when they made an error. Why do you seem to be the focus of all this attention?

My logic would be to counter sue the plaintiff for FDCPA violations. If she has the tape she will have a great case. I just did this for a friend that was sued by a debt purchaser. The debt was legitimate and were the violations to the FDCPA. The case was dismissed. Had this been collection agency I would have included the creditor because the worst harm you can cause a collection agency is get a client lost for them. That's a huge financial impact.
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#77 Consumer Comment

Re: Unclear

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

Jessica,
I do not think the editorial was necessarily directed at you, but to the person who seems to chime in all all related topics with 75% garbage and bragging.

You should view this related ripoff report from someone who just went through this:

http://www.ripoffreport.com/reports/ripoff191776.htm

although you would be wise to ignore the subsequent post about ignoring discovery requests.
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#78 Consumer Suggestion

John...You REALLY need to learn how to read!

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

John,

You stated that you see y posts on here telling people not to deal with creditors.

REALLY? Show me ONE. I tell people NOT to deal with THIRD party debt collectors and debt buyers. I make that very clear. AND, I have also made it VERY CLEAR to NEVER ignore a summons.

Is a scumbag debt collector or debt buyer a
creditor? NO!

Very few third party collectors and/or debt buyers will actually ever file a lawsuit, and of those who do, as soon as they don't get the easy default, they give up.

This is the way these losers operate, and I just want to let everyone know it.

It is NEVER in the best interest of any debtor to respond to any third party collector, and it is NEVER in the interest of the debtor to make payments on an old charged off debt to someone who is not entitled to it. Make them substantiate the claim! In court.

FYI...I beat another one today that was all prepared to file suit. Yeah right. I got an apology letter out of them. Want to see it? Give me your fax # here.

You have no idea what you speak of.
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#79 Author of original report

In Response

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

In response to the Unclear. The day I received a letter in the mail I called LB&N. I got a collection department. I left a message and the next day a representative called me back. I was told they had filed a lawsuit and the price went up almost 800. That may not seem like a lot to you but for a stay at home mom it is. I thought it was fishy that all of a sudden a day after I received a letter I was being sued. I asked them by certified letter to send me a detailed statement showing that a lawsuit had been filed and of the account. I do not have any records of this card so I wanted it verified. They sent me a letter with the original creditor and account number and that was all. I have tried to find out the last activity on the account but have yet to find the info. It is not that I dont want to deal with it I am proctecting my rights. I do not have the money to hire representation otherwise I wouldnt be in this situation.

In the past I did what I had to in order to survive. You have to make a choice. Do you become deliquent on an account to pay off an old debt. If it was the original creditor suing me I would have no problem trying to work something out. It is a collection agency that bought this alleged debt and I did not sign a contract with them. I am current on all of my bills and student loans but do not have room to make payments on this old debt. I am trying to get out of the hole I was in right out of college. These credit card companies sit outside the campuses and hand out not just one but 3-4 credit cards at a time to students. That is what needs to stop.
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#80 Consumer Comment

Unclear

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

I am not real clear on the logic here. Clearly the agency has violated the FDCPA if proof is shown that they misrepresented the legal statis. It appears if the last activity was 2002 then this will still be on the credit bureau and they are still able to sue.

So I see these posts from Steve frequently advising not to deal with creditors. The poster here gets sued for a debt. I'm sitting here in my office, a creditors rights law firm wondering why people aren't communicating about their debts. See if they don't, there is a good chance it's going to wind up here. Law will be practiced and not opinion. Presumably if the debt is valid a judgment will be rendered and attorney fees requests will get added to the judgment. We don't sue if it isn't a legitimate debt and there are sanctions if we played around that. No creditor is worth a bar card.

Everyone has a right to a defense maybe she will hire an attorney, who will take her money to tell her that the debt is legitimate and try to settle it. Otherwise she will lose and owe a lot more money, have a public record and the execution process to go through.

There are 2 issues here. One is that the collection agency broke the law, allegedly, because you have no proof they said that and it will be required for you to prevail in court. Two, dealing with your issue. Don't deal with it and others will make decisions for you that may not be in your best interest.

If you insist on representing yourself, you find many people out there that will give you advise but at the end of the day, if the debt is legitimate, you will have a judgment against you because you spent more time trying to figure out how to get out of it then trying to deal with it.

Illegal collectors need to be brought to justice. They should be held accountable but they won't. Sometimes a little money changes hands if you get the goods on them. Really though at the end of the day it just becomes an oportunity for debtors to scream rightous indignation over their rights being violated.
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#81 Consumer Comment

Altered summons

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

Challenging the altered summons service date would make you look foolish. That is typical when they pre date the summons and are unable to serve you on that date. They would be required to make such a correction, as your 35 day clock to answer begins on that date. The Petition, on the other hand, can only be modifed by motion.

Challenging the assignment is a good strategy. Do internet searches on affirmative defenses. You need to claim them in your answer or you will lose your right to use them.
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#82 Author of original report

Thank you for the advice

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

Thank you so much for the advice. I thought the summons was invalid because it had been altered. I spent much of the day examening my credit report and trying to find the last payment I made on it. I contacted the original creditor to get a payment history and they said it was sent to the collection agency. I asked LBN for a detailed statment in a certified letter. According to the credit report it was last reported in May 2002. I thought the SOL was 3 years so there goes my best defense.

I will challenge the summons. The more I thought about it the orinial creditor is not on the suit and I did not sign a contract with the collection agency or LBN. That will be my first step.
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#83 Consumer Suggestion

Info for Jessica

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

Jessica,

The SOL in OK for CC debt or other written contracts is 5 years from date of last activity, usually considered the first time you were 30+ days late.

A summons must be SERVED to you personally to be valid. You do not have to sign for it. Any changes void the summons. It must be re served.

Here is the deal when being sued in this circumstance.

LB&N need to prove you owe them the money if they bought the debt, or the debt buyer they are representing. The original creditor is totally out of the picture unless they personally hired LB&N to collect it.

This is the point you challenge. You demand to see something that shows you owe LB&N money. Demand to see the assignment contract, and the proof of payment that they actually bought it.

It stopped being a debt as soon as the original creditor charged it off and sold it and took the tax deduction.

It is now just a bad INVESTMENT on the part of the debt buyer.

What if everyone who made a bad investment decided to sue? See the precedent here?

It is true that you can only sue for what you actually lost in a civil matter/small claims. However, that is not the point here. The point is whether or not they are actually entitled to anything.

Respond to the court, tell them that the summons was not served properly and it has been altered. Also tell them that you have no obligation to LB&N, and request discovery.

If you press these points, the lawsuit will most likely get dismissed. This is how I handled them.

Good luck.
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#84 Consumer Suggestion

Info for Jessica

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

Jessica,

The SOL in OK for CC debt or other written contracts is 5 years from date of last activity, usually considered the first time you were 30+ days late.

A summons must be SERVED to you personally to be valid. You do not have to sign for it. Any changes void the summons. It must be re served.

Here is the deal when being sued in this circumstance.

LB&N need to prove you owe them the money if they bought the debt, or the debt buyer they are representing. The original creditor is totally out of the picture unless they personally hired LB&N to collect it.

This is the point you challenge. You demand to see something that shows you owe LB&N money. Demand to see the assignment contract, and the proof of payment that they actually bought it.

It stopped being a debt as soon as the original creditor charged it off and sold it and took the tax deduction.

It is now just a bad INVESTMENT on the part of the debt buyer.

What if everyone who made a bad investment decided to sue? See the precedent here?

It is true that you can only sue for what you actually lost in a civil matter/small claims. However, that is not the point here. The point is whether or not they are actually entitled to anything.

Respond to the court, tell them that the summons was not served properly and it has been altered. Also tell them that you have no obligation to LB&N, and request discovery.

If you press these points, the lawsuit will most likely get dismissed. This is how I handled them.

Good luck.
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#85 Consumer Suggestion

Info for Jessica

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

Jessica,

The SOL in OK for CC debt or other written contracts is 5 years from date of last activity, usually considered the first time you were 30+ days late.

A summons must be SERVED to you personally to be valid. You do not have to sign for it. Any changes void the summons. It must be re served.

Here is the deal when being sued in this circumstance.

LB&N need to prove you owe them the money if they bought the debt, or the debt buyer they are representing. The original creditor is totally out of the picture unless they personally hired LB&N to collect it.

This is the point you challenge. You demand to see something that shows you owe LB&N money. Demand to see the assignment contract, and the proof of payment that they actually bought it.

It stopped being a debt as soon as the original creditor charged it off and sold it and took the tax deduction.

It is now just a bad INVESTMENT on the part of the debt buyer.

What if everyone who made a bad investment decided to sue? See the precedent here?

It is true that you can only sue for what you actually lost in a civil matter/small claims. However, that is not the point here. The point is whether or not they are actually entitled to anything.

Respond to the court, tell them that the summons was not served properly and it has been altered. Also tell them that you have no obligation to LB&N, and request discovery.

If you press these points, the lawsuit will most likely get dismissed. This is how I handled them.

Good luck.
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#86 Consumer Suggestion

Info for Jessica

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

Jessica,

The SOL in OK for CC debt or other written contracts is 5 years from date of last activity, usually considered the first time you were 30+ days late.

A summons must be SERVED to you personally to be valid. You do not have to sign for it. Any changes void the summons. It must be re served.

Here is the deal when being sued in this circumstance.

LB&N need to prove you owe them the money if they bought the debt, or the debt buyer they are representing. The original creditor is totally out of the picture unless they personally hired LB&N to collect it.

This is the point you challenge. You demand to see something that shows you owe LB&N money. Demand to see the assignment contract, and the proof of payment that they actually bought it.

It stopped being a debt as soon as the original creditor charged it off and sold it and took the tax deduction.

It is now just a bad INVESTMENT on the part of the debt buyer.

What if everyone who made a bad investment decided to sue? See the precedent here?

It is true that you can only sue for what you actually lost in a civil matter/small claims. However, that is not the point here. The point is whether or not they are actually entitled to anything.

Respond to the court, tell them that the summons was not served properly and it has been altered. Also tell them that you have no obligation to LB&N, and request discovery.

If you press these points, the lawsuit will most likely get dismissed. This is how I handled them.

Good luck.
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#87 Author of original report

Finally served

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

Yesterday I was served with a lawsuit. I was shocked that I didnt have to sign for it and that the date of summons was scratched out and filled in with yesterdays date. They have my address and phone numbers wrong.

I am planning on filing an answer and plan to fight this as musch as I can. I would like to know if the statute of limitations is up. I have no idea when I made my last payment. I am guessing between February and March of 2003. I have no idea if it is even a credit card I had. Any ideas of what to say in the answer. I would like to see the signed contract I made with the alledged orignal creditor.

I was also told by someone that they could only collect what they paid for the debt. Does anyone know if this is true? The petition was filed the day after I received the first communication from Midland Credit Management. I think they are hoping for a defalut judgment. It just seems shady. I also read somewhere that they cant add attorneys fees until you have been served with a summons. I will keep you posted.
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#88 Consumer Comment

One correction

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

Correct, moving out of state would not reset the SOL, it may Toll it.

Other than that everything is correct.

You should consult an attorney if a lawsuit is filed.
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#89 Consumer Suggestion

Chris..You should get your facts straight before correcting someone!

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

Chris,

Your information is flawed, as are your assumptions.

The OP never stated by what means she agreed to pay.[Verbally or in writing].

OK does have different SOL for different type of debts. They are not all 5 years.

Moving out of state has no effect on SOL. SOL is based on the state in which the original contract was signed.

Paying on a charged off debt that went to collections DOES restart both the collections SOL AND the 7 year negative reporting. The 7 year negative reporting is from last activity, NOT date of default. SOL goes from date of default.

Those are the facts.
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#90 Consumer Comment

Some corrections

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

A written acknowledgment or partial payment of the principal would reset the SOL. The only way a telephone conversation or recording would reset the SOL would be if a judge so ruled.

It in no way resets the "negative reporting" SOL. That is set by the FCRA as the date of first delinquincy preceeding the chargoff plus 180 days. Paying or settling does not reset the amount of time negative information can be reported.

The SOL for bank issued credit card debt is not 3 years, it is 5.

The SOL date does not necessarily start with the first month delinquent with the original creditor. If you have made a subsequent payment or acknowledged the debt in writing or moved out of state in some cases, would change the start date of the SOL. Beware of internet misinformation.

The previous links were edited. OSCN is dot net and the odcr is dot com.
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#91 Author of original report

no lawsuit filed

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

Thank you for the advice. I searched the OSCN and found that no lawsuit had been filed. I was not surprised. Within a day of receiving the first letter from them the balance jumped 750 or so dollars. The representative said it was due to a suit which had already been filed. In the first certified letter return reciept I sent I asked for a copy of the citation or lawsuit which they claimed to have already filed.

I visited the budd hibs website. It explains a lot. Does the time start over because I agreed to pay even though I did not make a payment? If it does go to court am I on my own as far as defending myself. Do they have court appointed attorneys for civil cases?

I will go and report the FDCPA violations. I am unsure if it is legally collectable. The last payment I made was about 5 years ago and I do not have any of the paperwork. When I origionally had the credit card I lived in Texas and now live in Oklahoma.

What are my options if a judgement is made? I have no assets. I have a 10 month old baby and stay at home. My husband is in the military and we make enough to get by. I pay on my student loans and all of my current bills are paid ontime. It would be hard to pay on this old debt without letting something else go.
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#92 Consumer Suggestion

Jessica, here's what you do..

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

Jessica,

There are several things that ned to be done here.
And some things that should have been done differently.

I have dealt with these lowlife, and got the lawsuit against me dismissed before it went to court due to errors on the part of LBN. They are truly incompentent.

First, NEVER do business over the phone. EVERYTHING needs to be in writing, by certified mail return reciept requested. And always put the certified# on the letter itself and keep a copy for your records.

You need to file complaints online for the FDCPA violations at FTC.gov, then file ethics violations with the OK Bar Assoc.

Did you even check to see if this debt was legally collectable? You may have screwed yourself by agreeing to pay. This restarts the SOL and the 7 year negative reporting, AND may enable them to get a summary judgement against you.

The Statute of limitations on CC debt in OK is only 3 years, and written contracts of any kind are 5 years. This SOL date starts with the first month delinquent with the original creditor.

Go to BudHibbs.com to read all about SOL, and also the history on LBN. They represent debt buyers and rarely can document these cases as required.

Good luck
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#93 Consumer Comment

Find out if a lawsuit is filed

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

You can easily determine if a lawsuit has been filed against you. Go to oscn and select "court dockets". Select "search dockets" on the next page, then type in your name and search.

If your county is not one of those listed, you will need to go to odcr.

Most likely there is a lawsuit and you just haven't been served. You can check the filing date against the date of the letters to see if they prematurely dunned you for court costs. They are entitled to collect attorney fees up to 20% of the amount they allege you owe. The account is already at the attorney office so their fees can be added. Check the terms of the defaulted debt. The judge will decide how much, if any, they get.

Google search oklahoma bar association if you want to file a complaint. Not likeley to get you anywhere.
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