Love Beal And Nixon ripoff Trying to sue on behalf of Colorado Capital Investments on old repurchased debt. Their validation was a joke. Oklahoma City Oklahoma

You can read my rip-off report on how I beat Love Beal and Nixon in court.

/Collection-Agency-s/Love-Beal-Nixon-P-C/love-beal-nixon-p-c-i-beat-46PM4.htm

It has a step by step process and information and notes on my battle with a junk debt buyer represented by LBN.

The only reference to the original creditor should be only to validate the debt for SOL purposes. Other than that, the original creditor is out of the picture, because they ARE NOT representing the original creditor.

They are representing the debt buyer or themselves. Therefore the proof of debt has absolutely nothing to do with the original creditor. They need to prove to you that they have a legal right to the "debt" and proof of payment for the debt. You have a right to know what they paid for it, as these are the "actual losses".

Your next step is to file a motion for DISCOVERY, as I previously mentioned.

Also, try to look more like an ignorant consumer, as the court will give you more flexibility. :)

The SOL thing is the best defense.

Thanks for the further input, it's comming to light now. Let me me tell you where I'm at with these pin-heads now.

On their summons and petition I filed Entry of Appearance Pro Se and Motion To Dismiss on grounds that plaintiff fails to state a claim upon which relief can be granted, petition fails to establish obligation between parties therein, fails to establish jurisdiction in the subject matter contained therein, fails to substanciate court's jurisdiction over the defendant, and fails to establish that suit is not time barred.

Basically their petition had no dates, no calculation, no proof that they are entitled to claim, nothing to establish court's jurisdiction, their debt collector miranda was actually longer than their pleadings.

Here's another trick of LBN. They file their cases in special claims as Ok. law permits 15 percent of total judgment as attorney fees as opposed 10 percent allowed in small claims. They are not totally ignorant.

As far as their dunning letter, I sent DV letter asking for contract assignig claim, copies of recent statements from OC and their personal knowledge of the creation, maintenance, issuance and tracking of the statements, proof that the SOL has not expired, papers showing that I agreed to pay what they say I owe, complete calculation of the amount they say I owe, a few threats of FDCPA violations for negative marks on my CR, blah, blah.

I previously mentioned what they sent, really no more than I already had and the wrong account number.

My motion stops the clock on the petition untill it is ruled on, on 10/10/06 and if my dismissal is granted on the grounds I stated, it will be with predudice to refiling.

If the Judge doesn't grant my motion than I get twenty days to answer the petition. What happens next??

I've pleaded child custody cases against attorney and got exwifes kid back for her and did all my own custody modifications on my own kids but have no idea as to what I'm doing here.

If I knew the process I can find forms on OSCN along with all state statutes.

I've got all recent caselaw to hit them with along with statutes concerning assignments, I've got rebuttals for the BS caselaw they cite, just don't know the steps pretrial or pre hearing. Any suggestions?? Is the sue for losses only in the civil procedure statutes??

By not providing me the address of the OC is noncompliance with FDCPA and I did request it. They just sent the name.

If you read Ok. statutes on conduct of attorney's, they sure qualify for a lawsuit, but that's later maybe. I have an attorney interested, but to fight them in this case would cost more than it's worth cause of the limits of attorney fees.

Come on people, from all the cases I've seen on Ok. court dockets, Capital One, Great Senaca, Colorado Capital and more I can't remember, LBN is making a fortune on unsuspecting consumers with over inflated debts and BS bulldog tactics and winning default judgments left and right.

Lets hear some more wrong doings of this firm and their sorry ways of collecting. Someone needs to stop them or put some more limits free enterprise!!!!!

Thanks for the further input, it's comming to light now. Let me me tell you where I'm at with these pin-heads now.

On their summons and petition I filed Entry of Appearance Pro Se and Motion To Dismiss on grounds that plaintiff fails to state a claim upon which relief can be granted, petition fails to establish obligation between parties therein, fails to establish jurisdiction in the subject matter contained therein, fails to substanciate court's jurisdiction over the defendant, and fails to establish that suit is not time barred.

Basically their petition had no dates, no calculation, no proof that they are entitled to claim, nothing to establish court's jurisdiction, their debt collector miranda was actually longer than their pleadings.

Here's another trick of LBN. They file their cases in special claims as Ok. law permits 15 percent of total judgment as attorney fees as opposed 10 percent allowed in small claims. They are not totally ignorant.

As far as their dunning letter, I sent DV letter asking for contract assignig claim, copies of recent statements from OC and their personal knowledge of the creation, maintenance, issuance and tracking of the statements, proof that the SOL has not expired, papers showing that I agreed to pay what they say I owe, complete calculation of the amount they say I owe, a few threats of FDCPA violations for negative marks on my CR, blah, blah.

I previously mentioned what they sent, really no more than I already had and the wrong account number.

My motion stops the clock on the petition untill it is ruled on, on 10/10/06 and if my dismissal is granted on the grounds I stated, it will be with predudice to refiling.

If the Judge doesn't grant my motion than I get twenty days to answer the petition. What happens next??

I've pleaded child custody cases against attorney and got exwifes kid back for her and did all my own custody modifications on my own kids but have no idea as to what I'm doing here.

If I knew the process I can find forms on OSCN along with all state statutes.

I've got all recent caselaw to hit them with along with statutes concerning assignments, I've got rebuttals for the BS caselaw they cite, just don't know the steps pretrial or pre hearing. Any suggestions?? Is the sue for losses only in the civil procedure statutes??

By not providing me the address of the OC is noncompliance with FDCPA and I did request it. They just sent the name.

If you read Ok. statutes on conduct of attorney's, they sure qualify for a lawsuit, but that's later maybe. I have an attorney interested, but to fight them in this case would cost more than it's worth cause of the limits of attorney fees.

Come on people, from all the cases I've seen on Ok. court dockets, Capital One, Great Senaca, Colorado Capital and more I can't remember, LBN is making a fortune on unsuspecting consumers with over inflated debts and BS bulldog tactics and winning default judgments left and right.

Lets hear some more wrong doings of this firm and their sorry ways of collecting. Someone needs to stop them or put some more limits free enterprise!!!!!

Thanks for the further input, it's comming to light now. Let me me tell you where I'm at with these pin-heads now.

On their summons and petition I filed Entry of Appearance Pro Se and Motion To Dismiss on grounds that plaintiff fails to state a claim upon which relief can be granted, petition fails to establish obligation between parties therein, fails to establish jurisdiction in the subject matter contained therein, fails to substanciate court's jurisdiction over the defendant, and fails to establish that suit is not time barred.

Basically their petition had no dates, no calculation, no proof that they are entitled to claim, nothing to establish court's jurisdiction, their debt collector miranda was actually longer than their pleadings.

Here's another trick of LBN. They file their cases in special claims as Ok. law permits 15 percent of total judgment as attorney fees as opposed 10 percent allowed in small claims. They are not totally ignorant.

As far as their dunning letter, I sent DV letter asking for contract assignig claim, copies of recent statements from OC and their personal knowledge of the creation, maintenance, issuance and tracking of the statements, proof that the SOL has not expired, papers showing that I agreed to pay what they say I owe, complete calculation of the amount they say I owe, a few threats of FDCPA violations for negative marks on my CR, blah, blah.

I previously mentioned what they sent, really no more than I already had and the wrong account number.

My motion stops the clock on the petition untill it is ruled on, on 10/10/06 and if my dismissal is granted on the grounds I stated, it will be with predudice to refiling.

If the Judge doesn't grant my motion than I get twenty days to answer the petition. What happens next??

I've pleaded child custody cases against attorney and got exwifes kid back for her and did all my own custody modifications on my own kids but have no idea as to what I'm doing here.

If I knew the process I can find forms on OSCN along with all state statutes.

I've got all recent caselaw to hit them with along with statutes concerning assignments, I've got rebuttals for the BS caselaw they cite, just don't know the steps pretrial or pre hearing. Any suggestions?? Is the sue for losses only in the civil procedure statutes??

By not providing me the address of the OC is noncompliance with FDCPA and I did request it. They just sent the name.

If you read Ok. statutes on conduct of attorney's, they sure qualify for a lawsuit, but that's later maybe. I have an attorney interested, but to fight them in this case would cost more than it's worth cause of the limits of attorney fees.

Come on people, from all the cases I've seen on Ok. court dockets, Capital One, Great Senaca, Colorado Capital and more I can't remember, LBN is making a fortune on unsuspecting consumers with over inflated debts and BS bulldog tactics and winning default judgments left and right.

Lets hear some more wrong doings of this firm and their sorry ways of collecting. Someone needs to stop them or put some more limits free enterprise!!!!!

Thanks for the further input, it's comming to light now. Let me me tell you where I'm at with these pin-heads now.

On their summons and petition I filed Entry of Appearance Pro Se and Motion To Dismiss on grounds that plaintiff fails to state a claim upon which relief can be granted, petition fails to establish obligation between parties therein, fails to establish jurisdiction in the subject matter contained therein, fails to substanciate court's jurisdiction over the defendant, and fails to establish that suit is not time barred.

Basically their petition had no dates, no calculation, no proof that they are entitled to claim, nothing to establish court's jurisdiction, their debt collector miranda was actually longer than their pleadings.

Here's another trick of LBN. They file their cases in special claims as Ok. law permits 15 percent of total judgment as attorney fees as opposed 10 percent allowed in small claims. They are not totally ignorant.

As far as their dunning letter, I sent DV letter asking for contract assignig claim, copies of recent statements from OC and their personal knowledge of the creation, maintenance, issuance and tracking of the statements, proof that the SOL has not expired, papers showing that I agreed to pay what they say I owe, complete calculation of the amount they say I owe, a few threats of FDCPA violations for negative marks on my CR, blah, blah.

I previously mentioned what they sent, really no more than I already had and the wrong account number.

My motion stops the clock on the petition untill it is ruled on, on 10/10/06 and if my dismissal is granted on the grounds I stated, it will be with predudice to refiling.

If the Judge doesn't grant my motion than I get twenty days to answer the petition. What happens next??

I've pleaded child custody cases against attorney and got exwifes kid back for her and did all my own custody modifications on my own kids but have no idea as to what I'm doing here.

If I knew the process I can find forms on OSCN along with all state statutes.

I've got all recent caselaw to hit them with along with statutes concerning assignments, I've got rebuttals for the BS caselaw they cite, just don't know the steps pretrial or pre hearing. Any suggestions?? Is the sue for losses only in the civil procedure statutes??

By not providing me the address of the OC is noncompliance with FDCPA and I did request it. They just sent the name.

If you read Ok. statutes on conduct of attorney's, they sure qualify for a lawsuit, but that's later maybe. I have an attorney interested, but to fight them in this case would cost more than it's worth cause of the limits of attorney fees.

Come on people, from all the cases I've seen on Ok. court dockets, Capital One, Great Senaca, Colorado Capital and more I can't remember, LBN is making a fortune on unsuspecting consumers with over inflated debts and BS bulldog tactics and winning default judgments left and right.

Lets hear some more wrong doings of this firm and their sorry ways of collecting. Someone needs to stop them or put some more limits free enterprise!!!!!

In any lawsuit, the plaintiff has to prove losses to the court in order to win a lawsuit.

Keep in mind, these are NOT creditors you are dealing with. They are investors. They knowingly purchase old charged off debt for less than a penny on the dollar.

They never offered you credit. You never signed an agreement with them. Are you legally responsible because they made a bad investment? NO!

It's all in the precise and proper wording in the debt validation letter. This is VERY important.

Now that its already in court, file a motion for discovery. They will have to provide to you any evidence they plan to use in court to support the case. Anything not provided to you, cannot be used.

Your points against them are that:

1. You dispute that they have legal rights to collect the debt, as they have not responded adequately to your debt validation request. An old credit card statement is not acceptable to the court.

2. They are only entitled to sue for what they actually lost and then petition the court to allow for court costs. You are entitled to see proof that they actually own the debt. Ask to see the contract or purchase agreement that specifically lists your debt. AND, here is the kicker...Ask for proof of payment for the old debt. Ask to see the cancelled check and see the AMOUNT they actually paid for it. You are entitled to see this.

3. Claim that the debt is past the SOL for collection and make them prove you wrong which can only be done by providing an entire account history from the ORIGINAL creditor. They cannot get this.

This is how you beat them. I have used these tactics several times. I walked away from 23 credit cards for 170k in 10/2002. Not 1 penny has been collected as of today, and I have no lawsuits pending. I have defeated them all.

Good luck!

Sorry about the type errors in my last posting, should be "or their claim to it". One more thing I forgot to mention.

In their DV reponse they named the OC which is Providian and the original account number blah blah blah.

Guess what?, I never had a Providian card in that number. I did have a Providian card but never the number they provided.

I understand that there was another posting requesting cases like mine where they were trying to collect attorney fees and costs prior to court. Get ahold of me, I've got a handful of papers that are a joke.

Most of their paperwork contradicts itself or lacks substance. I can't see anyone settling for a default judgment. My credit line was $1,000 and now look what the debt turned to, almost 4 times the original.

I don't deny once having an account with Providian, which by the way recently just paid out over $400 million to card holders for fees attached and misleading consumers, etc etc, and charged offed accounts were to be offset with the disbursment.

Lets hear from some more consumers that are tired of LBN. If we all approach the Ok. Attorney General and the Ok. Bar Asso. and put them in the light, they might slow down.

I have searched Ok. District Court records on Colorado Capital which LBN is representing in my case and I was shocked!!! LBN is getting default judgments like crazy.

And I only searched the Co. they were representing in my case, imagine all the others!!!

Any input?????

Thanks for the info Steve but I alresdy requested a contract assigning the debt in my first DV letter, they sent none.

I filed a motion to dismiss on their summons and petition on the grounds that there was no claim made for which relief could be granted. It's on the motion docket 2/10/06, I will be there!!

In Title 14A of the Okla. Statutes Article 3 Sec.3-406 under the Consumer Credit Code, Notice of Assignment, that requires assignee's to seasonable notify the debtor of the assignment and provide reasonable proof if requested, which I did and would have a long time ago if they would have contacted me instead of letting it accure interest.

I think over two and a half years is plenty but they still refuse to provide "reasonable proof"

In 11/05 Colorado Capital reported to the CRA's I had a balance of $1,718, I pulled my CR this month.

On 12/12/05 Love, Beal, and Nixon Sent dunning letter for $3,082.16

On 12/27/05 they file petition praying for judgment of $3,073.74 plus $8.42 interest from date of default and $461.06 in attorney fees.

Are you scratching your head yet???

On their DV response to me the balance as of 1/25/06 has turned to $3,798.29 and asked would I like to discuss settlement options, LOL HARD

From what I se they have done is added their att. fees the $180 some odd dollars that was the fee for filing, I looked it up, and then tacked on the process server fees also and are trying to discuss settlement options.

They apparently feel that I should be responsible for those fees and haven't even went to Court yet.

Do you (STEVE) have a statute I can look up as to what you previously posted about collecting only losses ? Or explain more in depth?

Bottom line, if you deal with this firm, expect nothing in means of verification to validate the debt of their claim to it. Everything I have recieved from them would be nothing more than hearsay in Court.

I expect in the near future to put these bottom feeders back on the bottom where they belong. Don't let their bulldog tactics scare you as from what I can see they spread their-selves thin in different areas of law and have only mastered the default method of debt collecting.

Any comments or advice? How about trying to collect attorney fees without going to Court? Thanks!!!!

Thanks for the info Steve but I alresdy requested a contract assigning the debt in my first DV letter, they sent none.

I filed a motion to dismiss on their summons and petition on the grounds that there was no claim made for which relief could be granted. It's on the motion docket 2/10/06, I will be there!!

In Title 14A of the Okla. Statutes Article 3 Sec.3-406 under the Consumer Credit Code, Notice of Assignment, that requires assignee's to seasonable notify the debtor of the assignment and provide reasonable proof if requested, which I did and would have a long time ago if they would have contacted me instead of letting it accure interest.

I think over two and a half years is plenty but they still refuse to provide "reasonable proof"

In 11/05 Colorado Capital reported to the CRA's I had a balance of $1,718, I pulled my CR this month.

On 12/12/05 Love, Beal, and Nixon Sent dunning letter for $3,082.16

On 12/27/05 they file petition praying for judgment of $3,073.74 plus $8.42 interest from date of default and $461.06 in attorney fees.

Are you scratching your head yet???

On their DV response to me the balance as of 1/25/06 has turned to $3,798.29 and asked would I like to discuss settlement options, LOL HARD

From what I se they have done is added their att. fees the $180 some odd dollars that was the fee for filing, I looked it up, and then tacked on the process server fees also and are trying to discuss settlement options.

They apparently feel that I should be responsible for those fees and haven't even went to Court yet.

Do you (STEVE) have a statute I can look up as to what you previously posted about collecting only losses ? Or explain more in depth?

Bottom line, if you deal with this firm, expect nothing in means of verification to validate the debt of their claim to it. Everything I have recieved from them would be nothing more than hearsay in Court.

I expect in the near future to put these bottom feeders back on the bottom where they belong. Don't let their bulldog tactics scare you as from what I can see they spread their-selves thin in different areas of law and have only mastered the default method of debt collecting.

Any comments or advice? How about trying to collect attorney fees without going to Court? Thanks!!!!

Thanks for the info Steve but I alresdy requested a contract assigning the debt in my first DV letter, they sent none.

I filed a motion to dismiss on their summons and petition on the grounds that there was no claim made for which relief could be granted. It's on the motion docket 2/10/06, I will be there!!

In Title 14A of the Okla. Statutes Article 3 Sec.3-406 under the Consumer Credit Code, Notice of Assignment, that requires assignee's to seasonable notify the debtor of the assignment and provide reasonable proof if requested, which I did and would have a long time ago if they would have contacted me instead of letting it accure interest.

I think over two and a half years is plenty but they still refuse to provide "reasonable proof"

In 11/05 Colorado Capital reported to the CRA's I had a balance of $1,718, I pulled my CR this month.

On 12/12/05 Love, Beal, and Nixon Sent dunning letter for $3,082.16

On 12/27/05 they file petition praying for judgment of $3,073.74 plus $8.42 interest from date of default and $461.06 in attorney fees.

Are you scratching your head yet???

On their DV response to me the balance as of 1/25/06 has turned to $3,798.29 and asked would I like to discuss settlement options, LOL HARD

From what I se they have done is added their att. fees the $180 some odd dollars that was the fee for filing, I looked it up, and then tacked on the process server fees also and are trying to discuss settlement options.

They apparently feel that I should be responsible for those fees and haven't even went to Court yet.

Do you (STEVE) have a statute I can look up as to what you previously posted about collecting only losses ? Or explain more in depth?

Bottom line, if you deal with this firm, expect nothing in means of verification to validate the debt of their claim to it. Everything I have recieved from them would be nothing more than hearsay in Court.

I expect in the near future to put these bottom feeders back on the bottom where they belong. Don't let their bulldog tactics scare you as from what I can see they spread their-selves thin in different areas of law and have only mastered the default method of debt collecting.

Any comments or advice? How about trying to collect attorney fees without going to Court? Thanks!!!!

Thanks for the info Steve but I alresdy requested a contract assigning the debt in my first DV letter, they sent none.

I filed a motion to dismiss on their summons and petition on the grounds that there was no claim made for which relief could be granted. It's on the motion docket 2/10/06, I will be there!!

In Title 14A of the Okla. Statutes Article 3 Sec.3-406 under the Consumer Credit Code, Notice of Assignment, that requires assignee's to seasonable notify the debtor of the assignment and provide reasonable proof if requested, which I did and would have a long time ago if they would have contacted me instead of letting it accure interest.

I think over two and a half years is plenty but they still refuse to provide "reasonable proof"

In 11/05 Colorado Capital reported to the CRA's I had a balance of $1,718, I pulled my CR this month.

On 12/12/05 Love, Beal, and Nixon Sent dunning letter for $3,082.16

On 12/27/05 they file petition praying for judgment of $3,073.74 plus $8.42 interest from date of default and $461.06 in attorney fees.

Are you scratching your head yet???

On their DV response to me the balance as of 1/25/06 has turned to $3,798.29 and asked would I like to discuss settlement options, LOL HARD

From what I se they have done is added their att. fees the $180 some odd dollars that was the fee for filing, I looked it up, and then tacked on the process server fees also and are trying to discuss settlement options.

They apparently feel that I should be responsible for those fees and haven't even went to Court yet.

Do you (STEVE) have a statute I can look up as to what you previously posted about collecting only losses ? Or explain more in depth?

Bottom line, if you deal with this firm, expect nothing in means of verification to validate the debt of their claim to it. Everything I have recieved from them would be nothing more than hearsay in Court.

I expect in the near future to put these bottom feeders back on the bottom where they belong. Don't let their bulldog tactics scare you as from what I can see they spread their-selves thin in different areas of law and have only mastered the default method of debt collecting.

Any comments or advice? How about trying to collect attorney fees without going to Court? Thanks!!!!

Be real careful on putting too much into the letter of validation. They filed a lawsuit on me and I got it dismissed in the OKC OK district court.

You need to send a response to the "lawsuit" to both the court in which it is filed, AND to the "Attorneys" [I use that term loosely with these morons].

Keep in mind that in OK, the Statute of Limitations to sue for credit card or loan debt is 5 years from the date of last activity on the account which is commonly accepted to be the date that the ORIGINAL creditor charged it off as the latest start date and the earliest start date is the one I use, is of the 1st date of default which was the first time it was 30 days late.

And, keep in mind that the debt has been sold for pennies on the dollar or less and probably sold at least 2-3 times.

This works in YOUR favor. You need to SPECIFY that you do not owe THEM anything, and that you need to see a contract that obligates YOU to owe them anything. ALSO specify that you want to see proof that they actually own the debt and have a right to collect it AND to see a cancelled check or contract that shows HOW MUCH they paid for it.

They can only sue for ACTUAL losses, not some made up number or some future value of a debt.

Send all correspondence by certified mail, return reciept requested, and put a copy of the cerified# on each letter. Keep a copy for your records.

Chances are good that if you do this the way I did, they will withdraw the lawsuit, or the court will dismiss it before it goes to trial.

I hope this helps you out, and Good luck!