Love, Beal & Nixon, PC I've agreed to pay the back debt. Is there anything I can do now? Oklahoma City Oklahoma

I have already started paying back the debt, so I guess the SOL has been reset.

Jennifer,

What you send LBN in writing via certified mail, you also need to cc your case with the Oklahoma County court. It will then be a record in your court case. You need to either mail it to the courthouse, but if it were me, I would TAKE IT DOWN THERE. You DO NOT have to be an attorney, or have an attorney to do that.

It does NOT MATTER that they already have judgment, if they fail to furnish proof, your case will be dismissed. PERIOD. They clearly do not have the proof that is required and are unable to furnish it, and this is a violation of FDCPA. PERIOD. You also need to put in the letter, (use the other one on OSCN as an example) that you spoke with whomever you spoke with, and they told you they didn't have to give you that information.

Keep a copy of everything you do for your records, send a copy to LBN, and file one with the court.

If you have started paying on the debt AFTER the original statute ran out, you have reset the SOL. That is NOT the issue here. The issue is that they have not proven that you even owe this debt, am I correct? IF THE ORIGINAL CREDITOR REMOVED IT FROM YOUR CREDIT REPORT, THAT SPEAKS VOLUMES. You need to be sure and include that in the letter.

It's not as if yours is an isolated case with this collection agency. You don't have to look further than OSCN to see that.

Caroline

Jennifer,

When you made an agreement to pay, that affirmed the debt, and reset the SOL.

They can now sue you for the amount you agreed upon and actually win, where before they would have had little or no chance of winning.

Therefore, a debt validation request at this point is useless. You already agreed to pay them $2100.

This is why you NEVER speak to ANY debt collector on the phone. NEVER!! This is exactly where it gets you.

If you really want to dispute this now, you REALLY need to get a GOOD lawyer ASAP!!

Good luck.

Caroline, I called the Attorney General's office, and they told me that they could not give me any information regarding this debt/case. I was told to contact an attorney. But I saw on one of the cases you referenced where the individual called the Attorney General's office for statue of limitations information. What should I do? Do I really need to consult with an attorney? I just want to try to avoid paying an attorney.

Caroline, I called the Attorney General's office, and they told me that they could not give me any information regarding this debt/case. I was told to contact an attorney. But I saw on one of the cases you referenced where the individual called the Attorney General's office for statue of limitations information. What should I do? Do I really need to consult with an attorney? I just want to try to avoid paying an attorney.

Caroline, I called the Attorney General's office, and they told me that they could not give me any information regarding this debt/case. I was told to contact an attorney. But I saw on one of the cases you referenced where the individual called the Attorney General's office for statue of limitations information. What should I do? Do I really need to consult with an attorney? I just want to try to avoid paying an attorney.

Caroline, I called the Attorney General's office, and they told me that they could not give me any information regarding this debt/case. I was told to contact an attorney. But I saw on one of the cases you referenced where the individual called the Attorney General's office for statue of limitations information. What should I do? Do I really need to consult with an attorney? I just want to try to avoid paying an attorney.

I'm so clueless! When you say "paperwork filed," do you mean to just send them the letter? Do I need to go through the courts or can I just send them a request for validity of the debt then go forward from there? Please be as specific as possible.

I looked at your case, yes, you need to do the paperwork. In fact, you can put the original creditor (Asset Acceptance LLC) in the last name box, narrow your search to cases filed after 01/01/2006, and you'll see how many times this has happened.

Like I mentioned before, your circumstance is not unusual for this company, so no need to worry. (I know it's easier said than done). Just get the paperwork filed & sent and you'll get the outcome you deserve. That's ludicrous that this happens SO OFTEN!!

It will work out in your favor, just take the necessary steps. No need to hire an attorney.

I'm sending a validity letter off to LBN today. Will let everyone know how it goes. Again, THANKS for all of the advise.

Jennifer,

That 30 day response thing in no way affects your rights at all. It is simply an internal thing for collection agency use and is also to give you a sense of urgency, and even to intimidate you.

Failure to respond at all, or past 30 days means absolutely nothing. You are better off to never respond to any third party collector or junk debt buyer. Only respond to the summons. Most will never sue, and those that do, rarely win when challenged.

This response thing is clearly spelled out in the FDCPA.

Caroline, Please take a look at my case before I send this dispute letter and let me know your thoughts. CS-2006-4819

Caroline,

I will try this although the judgment was rendered in September of 2006. I am able to view the cases. Thanks for the information.

Jennifer,

First let me clear up, I'm not saying that you HAVE to have an attorney, I'm saying you need to let LBN know that you are aware of your options. And you have NO chance of LOSING a lawsuit if they violate the FDCPA, and they KNOW that. An obvious violation of FDCPA is them failing to furnish you proof of this debt. And we haven't even GOTTEN to the statute of limitations, I don't know the specifics on your case, but it sounds like that has expired.

This is all paperwork you can do yourself, and on the particular case I looked up, she also filed it with the court. Since yours is also already going through the court system, that is what you ought to do too.

There are 2 cases that you can look up for an example of how you need to word it. CS-2006-3258, and CS-2007-281. If you aren't able to pull up & view the documents, let me know as there is software you can download free of charge that will allow you to do so.

Let me know.

Caroline

Caroline, I have drafted the following letter to LBN. Is this okay?

To Whom It May Concern:

Under the guidelines of the Fair Debt Collection Practices Act (FDCPA), debt collectors must verify the validity of the debt in question, as well as their attempts to collect. I have attempted several times to have Love, Beal & Nixon, PC prove the statue of limitations of this debt. This is a final request for proof that:

1. Love, Beal & Nixon, PC owns the debt legally and have been authorized to collect it.
2. The full amount of the debt that Love, Beal & Nixon, PC is pursuing is accounted for and documented by the original creditor.
3. Love, Beal & Nixon, PC can provide a copy of the original legal contract that I signed with the original creditor.
4. Love, Beal & Nixon, PC has a legal right to collect in the state of Oklahoma

Please respond with the request proof within 30 days as it is in violation of the law to not do so.


Thank you

Hi Caroline,

I am familiar with that site. Can you please provide the case number?

Jennifer,

YES, you can still act even though they have a judgment. And yes, I'm SURE. I could give you a case number filed through Oklahoma court on someone that did the SAME thing, with the SAME collection agency.

I did a little research on the company, and this is a COMMON occurance with them. On the case number I'm referring to, it's on OSCN. Are you familiar with that website? There is a case on there about 2 months ago. It sounds exactly like your case. You can look at that document, and it will show you exactly what to do.

Let me know.

Caroline

Caroline,
How do I find these attorneys that you mentioned? I think that I can handle the paper work on the rebuttal to summary judgement but am not sure I could handle a trial. Of course, I have little money but would feel better with someone experienced during the trial. Yet, I am hoping they dismiss with no proof as they have only sent the standard name and address of original creditor.

I've been reading everywhere that if I do not notify the agency within 30 days to validate the debt, then my rights are forfeited. Are you sure I have a case here?

Caroline,

Please confirm that this can still be done although I already have a judgment against this debt.

Jennifer,

No, this is NOT true. By law, (FDCPA) they HAVE to furnish you this information. Send them a certified letter, telling them to prove this debt. I would also tell them what a representative of their company told you. (As far as them not having to furnish you this information).

When they are unable to provide this information (which it appears they aren't able to do), they know the legal channels they will have to go through, and your case will be dismissed. (They are the ones that have to inform the court). There are several attorneys here that specialize in debtor's rights and, trust me, LBN is aware of that. Violation of FDCPA is not something they will want to deal with.

Don't be intimidated, you DO have rights. You are not at their mercy as they would have you believe.


Caroline

Caroline,

I just got off the phone with LBN. I asked them to prove the vadility of this account since Asset Acceptance LLC apparently could not prove it. LBN said that since they have a judgement already pending, that they did not have to provide that the debt is legitimate. Is this true? Where do I go from here?

Thanks Caroline,

I will call LBN once again to prove the vadilty of this debt. I've asked for it once and they told me that since I've already agreed to pay, they didn't have to provide this information.

Jennifer,

It is not too late to take action on this. The original creditor (Asset Acceptance) I believe you said, could not or would not go to the trouble to show proof of the debt, which is why it was removed from your credit report.

I am an ex-collector here in OKC and I know what I'm talking about, so trust me. You need to get in touch with LBN and have them prove the validity of the debt. I'm not saying this particular agency is guilty of this, but I do know of several in the metro area that have shady "cases". Oftentimes, these cases are dismissed through the court because the third party collector can't substantiate what they say the debtor owes.

If it's a legitimate debt, there would be no problem in them showing that information to you, as well as an explanation of the charges. Unfortunately, some collection agencies know that ignorance of the law and intimidation will prevent a customer from disputing anything, and agree to a payment plan just to get them to leave them alone!

Again, I've had no bad experience with this particular agency, but know from a personal and professional standpoint that you do have a legal right to question this, and hope you pursue it.

To Simon: I did not get "one heck of a settlement". They charged me $700 over the amount the original debt was.

I am going to continue to pay in installments, and in the meantime, file a complaint with the Bar Association.

To Steve: I did verbally request them to prove the SOL, but they refused to do so since I had already verbally agreed to pay the debt. I have pulled a copy of my credit report, and no where does it state LBN inquiries. There was an inquiry for Asset Acceptance LLC (the company they filed the judgement for), but after I disputed that statement on my credit report (recently) Asset Acceptance LLC was removed. No statement as to why it was removed. LBN's jugdgement was filed to my old address. My new address is clearly stated on my credit report.

Thanks to all who've responded. Your information is very helpful.

Jennifer,

The damage is done as you made an agreement to pay. You affirmed the debt and reset the SOL.

And, there is no legal requirement on their part to prove anything until you request that proof.

Most process servers wear plain clothes.

However, you MAY have some valid complaints against LBN, and you can still file FTC complaints online, as well as BAR ASSOCIATION complaints. I would immediately do both of these.

Them serving you at work was clearly an ethics violation, as if they knew where you worked, they certainly knew where you lived. Pull a copy of your credit report and see if they have an inquiry on it and also see if your CURRENT home address is on it and the effective date it was added. This is your proof for the Bar Association complaint.

They served you at work clearly with an attempt to embarrass and/or intimidate you. This is how these punks operate. This is clearly an ethical violation.

NEVER speak to any collector on the phone, and NEVER pay any collector before getting the agreement in writing and all charges itemized.

All process servers are required to show a pictured I.D. if requested and not all are officer of the court.

Anyone that can get bonded, go to the twenty hour class and get there picture taken by the sheriff dept. can become a process server.

Some companies or lawyers do not pay the amount that the U.S. Marshalls or Sheriff Deputy charge, or because they know the address is incorrect and the Cop types won't lie and say it was served, just to get repete business., So they use non-law enforcement, Just because some one hands you a summons doesn't make them an officer of the court and they get the protection of that court. If its found out that their action were illegal or their not following the requirements to serve a summons, then they can have the license revolked and serve jail time.

Process servers are officers of the court and there is no requirement that they show you their license when you are being served.
Sounds like you got one heck of a settlement. I'd pay it off as soon as possible.

Hi Jennifer,
It is Illegal for a process server to call themselves "Officers of the court" in oklahoma. He should not have done that. I do not think much of there process servers who have also said they have served people but really never did.

Nevertheless, It does not change your situation, If you agreed to repay the debt verbally then unless you wanted to be dishonest and lie and say you did not (which would not be wise) then it appears as you need to go ahead and repay the debt or consider Bankruptcy, chapter 7, which will wipe it out forever. Also they can not contact you pending the banqruptcy discharge.
However, off course you would not want to file banqruptcy if you just have this one debt, If all you have have is a few thousand dollars worth of debt(that is under 5 years old) then I would recommend you just pay it.
If you decide to pay it, You may want to call them and tell them you are considering banqruptcy and ask if they will take a smaller amount if you paid it off in full.
AJ
Tulsa
Disclaimer: This is not legal advice but my personal opinion based on the limited information in your post. I am not a lawyer.