Love Beal & Nixon PC LBN scumbags filed lawsuit from some company I have never heard of Oklahoma City Oklahoma

Jim,

You are way past the basics of dealing with a debt collector here. You are now in a sticky legal situation in a gray area that should be argued by an experienced lawyer.

They are counting on you not knowing the law, and also hope you will fail to respond as required or fail to show up and then they can get the default judgement against you.

As far as the interrogatories, as a defendent I have crossed the line on that one, and luckily they never filed a motion to compel. If they had, and still did not comply, I could have been held in contempt.

So, this is what you need to do. File a motion to compel for the answer to your interrogatories, etc.

The court will not do anything at all on your behalf in the case until you specifically ask for it. The trick is knowing what to ask for and when to ask for it, and how.

This is where a lawyer comes in.

Even though I know collections inside and out along with most all of the dirty tricks and borderline contempt chargeable actions, I AM NOT a lawyer. I just know how to beat debt collectors at their own game. Yes, I have been sued a few times, but I have gotten every lawsuit dismissed prior to going to court.

I urge you to rethink the ProSe thing right now and get a lawyer on this ASAP.

The only thing that I see you have on your side is the type of income you have that cannot be touched. Do you own any luxury items at all? If you do, "sell" them now. Maybe to a relative or TRUSTED freind?

Good luck.

Since I am Pro Se as stated in my answer filed with the court, by sending certified letter to an attorney not of record in this suit, Is this good service? How will they know that I received the request for answers and interrogatories. I have not responded to these requests but Love, Beal and Nixon have not responded to my request for validation filed on Jan 17th 2006 with the Marshall county courthouse.

Are they entitled to not respond to my requests for documents?

Since I am Pro Se as stated in my answer filed with the court, by sending certified letter to an attorney not of record in this suit, Is this good service? How will they know that I received the request for answers and interrogatories. I have not responded to these requests but Love, Beal and Nixon have not responded to my request for validation filed on Jan 17th 2006 with the Marshall county courthouse.

Are they entitled to not respond to my requests for documents?

Jim,

They pulled a fast one on you, and it will take an Attorney to get it taken care of.

I would get one right away.

You can always countersue for damages, costs, etc. later. But stopping further illegal/unethical action should be your first priority.

Good luck

Jim,

They pulled a fast one on you, and it will take an Attorney to get it taken care of.

I would get one right away.

You can always countersue for damages, costs, etc. later. But stopping further illegal/unethical action should be your first priority.

Good luck

Jim,

They pulled a fast one on you, and it will take an Attorney to get it taken care of.

I would get one right away.

You can always countersue for damages, costs, etc. later. But stopping further illegal/unethical action should be your first priority.

Good luck

Jim,

They pulled a fast one on you, and it will take an Attorney to get it taken care of.

I would get one right away.

You can always countersue for damages, costs, etc. later. But stopping further illegal/unethical action should be your first priority.

Good luck

Steve

They did file the suit in the right county, but everything else such as answers and interrogatories and request for documents was served to an attorney that has no connection with this suit. The suit was filed in Marshall county where I live, the answers, etc were served on attorney living and working in Oklahoma county. He signed the certified letter for the Answers on March 13 2007. He then proceeded to mail the letters to me which I received on March 15th. The answers had a certificate of mailing dated Feb 7th 2007 giving me 30 days to respond. Since I was well past the deadline should I go ahead and file these answers and how should I go about answering them? This is the only communication I have received since I filed my answer to the petition along with my request for validation, both file with the court in Marshall county.

Jail time is a good idea; however, that will probably never happen. There are other federal statutes that protect consumers that do impose jail time but it is almost never enforced. I think that the only way to deter the collection agencies (and junk buyers) is to allow for punitive damages in the most egregious cases. This way you will start to find a lot more attorneys willing to take these cases on a contingency basis. Also, if the act expressly allows for emotional distress claims; that will ultimately lead to more money in damages and, again, more attorneys will be willing to take these cases. Lawyers need to make a living too. The problem with the current damages allowed under the act (a max of $1,000 or up to $1,000 plus attorney's fees) is that these cases aren't real money makers and that's why you don't find multiple attorneys advertising that they take FDCPA cases.

My point here is that since they changed the bankruptcy laws, the purpose of which was to stop abuse of the bankruptcy system by debtors, Congress now needs to address the abuse by creditors (not to mention predatory lenders). I also think that the FDCPA should also expressly include the original debtor. I will give you an example why:

When my husband and I didn't have health insurance, my husband got sick. We had tens of thousands of dollars in medical bills which we were paying on but apparently not enough. The bills were sent to collections. On top of that, every time I brought my kids to the clinic the clinic's account representative would pull me into her office and threaten to suspend patient services if I didn't sign financing paperwork at 18% interest. Because I'm not stupid, I always said no, I'm not paying you any interest right now. Why would I sign a contract saying that I will pay interest when I'm not right now? She would do this to me in front of my kids every time we came to the clinic. She even resorted to telling our family practice doctor that we owed the clinic money, how much we owed the clinic, and that she was going to suspend patient services if we didn't pay. My doctor would then relay this information to me. After about two years of this, I had started back at school and during one of my classes we studied the FDCPA all semester.

Unfortunately, what I discovered is that what this lady was doing was totally legal because they are the original creditor therefore, are not covered under the FDCPA. That's why the original creditors need to be included under the act. Also, then the junk buyers cannot have any excuse for violations by claiming that they are the original creditors (even though that doesn't fly under the law). This would simply eliminate the grey areas in those cases. The act also needs to expressly include attorneys operating as collectors, even though case law has already determined that the act DOES include attorneys who collect debts on behalf of clients as a part of their regular business practices.

I also think that the Act should be amended to mandate that all collection agencies have to be licensed on a federal level with the FTC before they can collect debts in the U.S. That way the debtors in the states that don't regulate collection agencies, like Missouri, have some recourse when they are being harassed. Then, if the FTC felt that a collection agency is acting egregiously and violating the FDCPA they could impose fines, suspend or even revoke collection agencies' licenses without having to files suit in a federal court first (which is what they have to do now).

I also think that all individuals who work for a collection agency should have to have an individual license to collect a debt, also obtained through the FTC. It should be mandated that they complete a minimum of 40 hours of FDCPA training before obtaining the license with annual renewals only after completion of additional training. The training can't be administered by the collection agency but must be administered by a company like Kaplan or another impartial 3rd party training facility. As for individuals who violate the FDCPA there should be personal liability which means that the debtor could sue the collection agency as well as the individual employees of the collection agency that actually violated the act. This might make the employee, who are the ones who are actually violating the act, think twice before threatening debtors with wage garnishment, imprisonment, etc.

Finally, I think that when the Act is amended the provision that says that collection agencies can call 3rd parties to basically leave messages for the debtor to call them back should be eliminated. The reason why is because that type of behavior is used 100% of the time for harassment purposes. The provision, however, was necessary in 1977 when the act was enacted because when a debtor wanted to hide from a creditor it was really easy. We didn't have the internet or large databases which we now have. This makes it really easy and fast for collection agencies to find just about anyone any time they want to no matter where they are or if they changed their name. This provision is totally outdated and just needs to be removed completely! Collection agencies should NEVER be allowed to contact a 3rd party or call anyone at work because now it's an unnecessary practice.

This is just a synopsis of what my current paper is being written about (the whole thing is pushing 50 pages and it's not done). I hope to send my paper, when it's done, to some of the major consumer's rights organizations who are already addressing this problem with the FDCPA in correlation with the new bankruptcy laws (which protect creditors and not debtors). They are actively lobbying Congress to amend this law and update it. Maybe the law will be changed by the time I graduate so that I can make money off of suing collection agencies. Right now, nobody gets rich off of suing collection agencies and that's why a lot lawyers don't do it exclusively or on a contingency basis.

Amy,

I do agree that the FDCPA is VERY outdated and needs to be changed. There is no dispute on that.

Second problem as I see it is the lack of tight regulation on JUNK DEBT BUYERS. We need legislation that would even prevent the attempt of the collection of a debt that is past SOL, AND the collector should be required to have FULL documentation and validation available PRIOR to the first contact with the [debtor].

I favor more jailtime than petty fines for these offenses. 6 months or a year in jail is a much bigger deterrent than a $1000 punitive judgement.

Amy, even though we often disagree, helping people is what it is all about. We do agree on that.

I'm doing well in school but finals are coming (3 weeks). I wonder how Allen is doing too. There are 4 law schools here so I'm in no position to say who this guy is, but we think alike. I think he's 3rd year so that means that he's graduating this spring. Wish I was there. Sometimes I think that I will never be done with school.

But I have my heart set on helping people when I'm done; more than ever now. I want to focus my career on consumer law more specifically, FDCPA violations. First, we need to get the law changed. For instance, the research project I'm doing right now has to do with the fact that the FDCPA is REALLY outdated.

First of all, the ACT only provides $1,000 max in damages plus attorney's fees. That's why there are so many violations; the collection agencies are more than willing to pay the messily fine especially if that means that they can collection on more than that. That needs to be changed.

As of 2006 those damages, with inflation, would be over $3000. Then, the act needs to specifically address victims of identity theft which, in 1977 when the act was enacted, wasn't a problem. The ACT needs additional protection for victims of identity theft. Finally, the act doesn't provide for damages related to emotional distress, which is inevitable in harassment cases, or punitive damages which are meant to punish and deter others from similar behavior.

Anyway, I've already had a few drinks to calm me down for the night and they are really kicking in. I really think that I'm going to write my thesis on this subject (maybe I will be published on the subject). Who knows, maybe Congress will catch on to the movement; after all they are dominated by Democrats (bleeding hearts) now.

Just to clarify what the VA and the Military offer in the way of legal assistance.

First of all, Neither the VA or the Military can represent you in a civilian court. They simply don't do it. I know this first hand from 10 years active duty and National Guard time, as well as being a 30% rated Disabled Veteran.

The MOST the VA will do is help you prepare a will and a power of attorney. That's about it.

As far as the military goes, the OP is no longer in the military, so that legal office help is not available. It is only available to those currently serving.

James, even if they sue you and win, they most likely cannot get anything as they cannot touch your VA comp or SS. They could do an asset search and file against your assets.

And, they were REQUIRED BY LAW to file the lawsuit in the court in the county of jusrisdiction of your residence. If they did not do this, you can get it tossed immediately.

They filed in the wrong court the first time with me. I got that one tossed with one letter
to the court clerk.

Have fun with these idiots.

This might be a little too logical but have you attempted to settle or pay off the debt?
The law of borrowing given in Scripture is that it is a sin to borrow and not repay. The wicked borrows and does not pay back, but the righteous is gracious and gives (Psalm 37:21). The implication of this Scripture is that the wicked can repay but will not, as opposed to those who want to repay but cannot.

This might be a little too logical but have you attempted to settle or pay off the debt?
The law of borrowing given in Scripture is that it is a sin to borrow and not repay. The wicked borrows and does not pay back, but the righteous is gracious and gives (Psalm 37:21). The implication of this Scripture is that the wicked can repay but will not, as opposed to those who want to repay but cannot.

This might be a little too logical but have you attempted to settle or pay off the debt?
The law of borrowing given in Scripture is that it is a sin to borrow and not repay. The wicked borrows and does not pay back, but the righteous is gracious and gives (Psalm 37:21). The implication of this Scripture is that the wicked can repay but will not, as opposed to those who want to repay but cannot.

This might be a little too logical but have you attempted to settle or pay off the debt?
The law of borrowing given in Scripture is that it is a sin to borrow and not repay. The wicked borrows and does not pay back, but the righteous is gracious and gives (Psalm 37:21). The implication of this Scripture is that the wicked can repay but will not, as opposed to those who want to repay but cannot.

yes, all collection activity should have stopped until you have debt validation you requseted, is given, normally at this point it should of only taken a couple of days.

have they answered any of your other motions you send, what abot your discovery, interrogatiory. .

These collection lawyer when they don't have anything they attempt to bury in paprwork, slip thing in. If they had the original contract you would of had it by now., that why there interrgatoris are the way they written.

If there not answering you motions, you should file your's with the court for them to comple discovery.

Amy, How's schoole? if you run in Allin, we wnt you both to do good on the mid's and finials

good luck

Jay sorry about misspelling your hometown, per you response, the attorney represented my wife, she filed personal bankruptcy and it was not joint account and it was not discharged. In my answer I stated that I was Pro Se representing myself and this attorney has nothing to do with this case. Does Love Beal and Nixon have to respond to my request for validation filed with the court on Jan 17 2007 or am I the only one that has to follow the law?

Thanks for your input, but I am not stupid or so dumb I don't know what is going on. I do know that I answered the petition and summons correctly specifying that I am Pro Se and give my correct address in the answer, request validation of debt filed with the court within the 35 days allowed. I am not the idiot that sent service to some attorney that is not the attorney of record of this case and to the wrong address not even in the county in which the lawsuit was filed. These Admissions and Interrogatories were not even properly served and as far as Love Beal and Nixon know I still haven't been properly served with these requests.

Thanks for the response to my post, I am Pro Se on this as stated in my answer to petition on Jan 17, 2007. This attorney is in no way involved in this lawsuit. The Request for Admissions and Interrogatories had a certificate of mailing date of Feb 7, 2007 but the certified letter to the other attorney was not signed until March 13, 2007 and the attorney forwarded it to me on March 13th. Should Love, Beal and nixon be allowed to not respond to my request for Validation of the debt filed on Jan 17th 2007.

Sometimes, when you are a disabled vet and are in need of legal assistance, the VA may be able to help you out. You really need an attorney, especially since you don't seem to know what's going on. That's not unusual; that's really normal and that's also what opposing counsel is counting on. If they filed suit in your county, they cannot file pleadings, discovery, or motions in another county. Make sure they even filed the original lawsuit in your county in the first place. If they didn't, then file a motion to dismiss for lack of venue. Elaborate even more and let the court know that they served you at an old address which is something they have reputation for doing in order to get default judgments. The court will in all likelihood dismiss without prejudice so that they can file the suit again in your county. That means that everything starts over again, and maybe you could find a lawyer by then to defend you.

The interrogatories and admissions seem to be standard but if you don't know the answer to one that's ok; you can't be penalized for honestly not knowing the answer to an interrogatory as long as you articulate this in your answers. These are generally not filed through the court they can be sent directly from the opposing party and you must answer within the amount of time stated or else, the opposing party can file a motion to compel which would entitle them to attorney's fees and costs paid by you.

You can also serve your own interrogatories, request for admissions, and request for production of documents from them too. You could ask for production of the original contract, payments, witness lists, etc. You can ask for anything that is relevant or anything that could reasonably lead to relevant evidence; so basically you can ask for just about anything you want.

My advice to you would be to call the VA and ask if the military has any legal aid service for vets. It's entirely possible they will be able help you. If not, since you are on Social Security, you should qualify for free legal aid services through your county (ask the local court clerk for their information).

My dad also has diabetes from Agent Orange and my father-in-law died from Agent Orange exposure (cancer) so I feel for your situation. I really hope that you are successful in fighting these guys. I hope that this information isn't too late for you.

Most state rules and law are different, interrogatories, discovery and request for admission don't have to come from the court, anytime after a party been served with a summons, they can be served without leave of the court. And yes you must answer them, you can request a continuance from the COURT to asnwer, due to the fact you got them after the 30 days deadline and the amount of question and discovery requested you need more time.

Also this attorney that these were sent to, is he an attorney of record for this case, if not then LBN had no reason to send these to him.

Was this a joint account? Was this discharged in bankruptcy?

From you orinigal post it appears this debt was sold for a while between JDB.

I'm not an attorney, just trying to point you in the right direction.

JAMES ? ANSWERS TO FIRST SET OF INTERROGATORIES PROPOUNDED BY LOVE, BEAL & NIXON.


James ?, pursuant to rule ?? of the (your state) rules of civil procedure, hereby responds to each number pararaph of the interrogatories prpounded bt Love, Beal & nixon

GENERAL OBJECTIONS:

A James ? objects to LBN first set of interrogatories to the extent that they seek to impose upon james ? obligations or burdens which are greater than, or inconsistent with, Rule ? of the (state) rules of civil procedure.

B) James ? objects generally to LBN first set of interrogatories on the ground that they are overly broad and burdensome. James ? has made a good faith effort to respond to the interrogatories, but reserves the right to object to, and to move to have vacated all of LDN's interrogatories.

C). the following responds and objections are based upon information now known. James ? has not yet completed discovery nor has he received discovery from plaintiff, or preparation for trial in this action and therefore will supplement these respondes and objection to the extent required by the Oklahoma Rules of civil procedure.

D). With out waiving these objection and by way of response, James ? provides the following reposes.


Answewr to interrogatory 1. My name is ???? I live at????

or you can answer something like. After reasonable inquiries, I can nither confirm or deny this information, I made a good faith efford to obtain this information, but with this debt being several years old, I can not provide or obtain any record in a reasonable manner, therefore I can not answer this question.

James, verify any of this with legal aid or with an attorney or with your state laws and rules.

good luck

ON JAN 17TH I FILED MY ANSWER AND REQUEST FOR DEBT VALIDATION. NO RESPONSE FROM LOVE, BEAL AND NIXON. RECEIVED LETTER FROM AN ATTORNEY MY WIFE HAD USED IN BANKRUPTCY ON MARCH 16TH WITH ADDMISSIONS AND INTERROGATORIES AND PRODUCTION TO PRODUCE DOCUMENTS FROM LOVE, BEAL AND NIXON SENT TO THIS ATTORNEY ON FEB. 7, 2007 GIVING ME 30 DAYS TO RESPOND.

NEEDLESS TO SAY THE DEADLINE HAS COME AND GONE BEFORE I EVEN RECIEVED THE LETTER. THESE REQUESTS WERE NOT FILED WITH THE COURTHOUSE. THEY ARE SUEING ME IN MY HOME COUNTY OF MARSHALL COUNTY BUT CONTINUE TO FILE ALL OF THEIR PAPER WORK IN PONTOTOC COUNTY WHERE I USED TO LIVE. IN THE ADDMISSIONS, THEY ARE ASKING ME TO ADMIT I OWE THE DEBT, ADMIT THAT THE DEFENDANT IS PROPERLY IDENTIFIED, ADMIT THAT THE PLAINTIFF HAS FULLY PERFORMED ITS RESPONSIBILITES AS TO THE DEBT, ADMIT THAT YOU ARE IN DEFAULT.

UNDER THE INTERROGATORIES, THEY WANT ME TO STATE MY FULL NAME AND EVERY ADDRESS THAT I HAVE LIVED AT SINCE THE DATE OF THE CONTRACT SUED UPON IN THIS CASE, WANT TO KNOW DID YOU OBTAIN CREDIT ON THE ACCOUNT REFERENCED IN PLAINTIFF'S PETITION, IS THE PRESENT BALANCE DUE ON THE ACCOUNT WHICH IS SUBJECT OF THIS ACTION THE SUM OF $ 10,449.52 IF NOT THEY WANT ME TO SHOW THE DATE OF EACH PAYMENT I MADE, THE AMOUNT OF EACH PAYMENT MADE, THE ADDRESS TO WHICH YOU CONTEND THAT YOU MAILED THE PAYMENTS, MY CALCULATIONS AS TO HOW ANY OTHER AMOUNT WAS ARRIVED AT IF IT IS OTHER THAN THE AMOUNT STATED ABOVE.

THEY WANT ALL COMMUNICATIONS I HAVE HAD REGARDING THE ACCOUNT REFERENCED IN PLAINTIFF'S PETITION, THE DATE OF ALL LETTERS, PHONE CALLS, MEMOS, NOTES, NOTICES THAT I RECEIVED, THE NATURE AND SUBJECT MATTER OF ANY AND ALL SUCH COMMUNICATIONS, DEFENDANTS RESPONSE OR REPLY TO EACH COMMUNICATION, STATE EACH AND EVERY DEFENSE NOT SPECIFICALLY PLED THUS FAR WHICH THE DEFENDANT INTENDS TO RAISE AT THE TRIAL, LIST ALL PROOF, EVIDENCE AND WHAT DEFENDANTS CONTENTIONS ARE IN REGARD TO EACH SUCH DEFENSE, THEY WANT ALL CANCELED CHECKS, MONEY ORDERS, CASHIER'S CHECKS AND OTHER RECORDS OF PAYMENT TO SUPPORT MY ANSWERS TO INTERROGATORIES, ALL WRITTEN OR TANGIBLE EVIDENCE OF ASNY COMMUNICATION BETWEEN THE PLAINTIFF OR ITS TRANSFEROR, PRODUCE THE CONTRACT WHICH THE DEFENDANTS CONTEND WERE EXECUTED THAT IS THE SUBJECT OF THE ACTION UPON WHICH PLAINTIFF HAS BROUGHT THIS SUIT.

I THOUGHT THAT IN A CASE LIKE THIS IT IS UP TO THE PLAINTIFF TO PROVE THAT I OWE THE DEBT? HECK THEY CAN'T EVEN GET THE CORRECT AMOUNT THAT THEY SAY I OWE. THEY HAVE FAILED TO COMPLY WITH VALIDATION OF DEBT I REQUESTED AND FILED WITH COURT ON JAN 17, 2007

I'm not an attorney, so please check any information I give to point you in the right direction.

Discovery: production of documents, Rule 12.3226(1).

formats are generally the same, yes you do need to file a motions for this. file a copy with the court too, when you go to the court to file this, have everything already addressed to the lawyer and have the clerk time stamp it. ALL copies. most courts you can request discovery after you been served, but check with your court. the clerk should be able to answer that.

It's important you get it right, mistakes are costly in the justice system. If your pro-se most court grant you alittle lead way, but don't count on that.

Get you discovery out as soon as you can, check everything before you send it, and ask for everything,

1) copy of the contract or agreement I signed.

2) Show me how you arrived at the amount you say I owe.

3) list of all witness you plan to call for trial, there names, title or position with the company, what evidence do they have.

read some of the post here to get an ideal on what to ask for, doesn't matter how much you ask for, just number you list as you go, don't forget to add any tapes, fax's, computer disks this informaion is stored on, phone logs, notes, computer printouts, any and all evidences you plan to use at trial ect. if you don't ake for it they will not send it.

good luck again i'm not n attorney, so check all the information

In my answer I denied the amount of debt, that I owed the debt,etc,etc. To ask for the production of documents I need to file motion for discovery? Is it the same format as Motion to Dismiss? I am new to this law stuff but I refuse to get another default judgement from these guys. Any advice from you or Steve or anyone else is greatly appreciated.

In my answer I denied the amount of debt, that I owed the debt,etc,etc. To ask for the production of documents I need to file motion for discovery? Is it the same format as Motion to Dismiss? I am new to this law stuff but I refuse to get another default judgement from these guys. Any advice from you or Steve or anyone else is greatly appreciated.

In my answer I denied the amount of debt, that I owed the debt,etc,etc. To ask for the production of documents I need to file motion for discovery? Is it the same format as Motion to Dismiss? I am new to this law stuff but I refuse to get another default judgement from these guys. Any advice from you or Steve or anyone else is greatly appreciated.

In my answer I denied the amount of debt, that I owed the debt,etc,etc. To ask for the production of documents I need to file motion for discovery? Is it the same format as Motion to Dismiss? I am new to this law stuff but I refuse to get another default judgement from these guys. Any advice from you or Steve or anyone else is greatly appreciated.

if you were already answered you summons:
A sworw denial:I deny this is my debt and if it is my debt,I deny that it is a valid debt and if is a valid debt,,I deny the ammount sued for is the correct anount.

Don't wait for a summary judgement get you discovery out, now

By fileing a SWORN DENIAL it will eliminates the sworn affidavit of account, that these attornery
use to get judgements without having to call any witness, now they have to have a witness.

You need file a written request for production of documents asking for a copy of the contract or signed agreement upon which this debt is based. and everything else you can think of.

I filed my answer along with request for verification of debt to the Plaintiff's attorney of record. Sent copies of both in seperate certified letters with return receipt requested. Do I wait until they file for summary judgement before I submit my motion for discovery? I am still unclear on the time limits involved. How many days does the Plaintiff have to answer?

James,

A response to the summons is just that. A response. Nothing more. You ARE NOT pleading your case at this point.

Simply DENY the debt with your acknowledgement of the summons. Thats it.

Nothing happens automatically in your favor on the case. You have to plead your case on each issue like validation, SOL, etc. The judge will not do it for you.

This is why the discovery motion is essential. You need to see what they are going to use against you.

YOU need to challenge the validity of the case. You need to challenge the Validation provided. YOU need to challenge the SOL.

It's ALL up to you.

If this actually goes to court, you really should get a lawyer.

Bud Says...


This is a law firm that gives me the impression that they don't have a clue about what they are doing.

I don't have any idea what type of law this collection agency law firm practiced prior to getting into debt collections, but they may need to go back to it.

LB&N appear to me, to be severely lacking in the manner in which they approach debt collection law. Their paperwork is sloppy, shoddy, incomplete, lacking in substance and (in several cases) perjured.

Their clients include some of the most disgusting, sleazy debt collectors in America. This includes the ever-slimy World Wide Asset Purchasing, LLC out of Atlanta, for old 'Bank of America' cases and Colorado Capital Investments, Inc. out of Hurst, TX.

Love, Beal & Nixon need a refresher course on the Fair Debt Collection Practices Act (FDCPA). Consumers dealing with LB&N need to realize that perhaps this law firm is NOT as smart as they would think, nor are the court papers they file, always accurate.

Legal debt collecting is NOT for anyone who has a law license and looking for easy money. There is some skill, knowledge and experienced required to become a successful litigator, an area where LB&N appears to be sorely lacking.

If you are being sued by Love, Beal and Nixon on anything associated with Bank of America and/or Worldwide Asset Purchasing, DO NOT ignore their court summons. They are hoping you will lose by default, when you may be able to show them you are smarter than they are.

Having a law license does NOT necessarily mean that you are smart. It just means that...you have a law license!



budhibbs.com

Bud Says...


This is a law firm that gives me the impression that they don't have a clue about what they are doing.

I don't have any idea what type of law this collection agency law firm practiced prior to getting into debt collections, but they may need to go back to it.

LB&N appear to me, to be severely lacking in the manner in which they approach debt collection law. Their paperwork is sloppy, shoddy, incomplete, lacking in substance and (in several cases) perjured.

Their clients include some of the most disgusting, sleazy debt collectors in America. This includes the ever-slimy World Wide Asset Purchasing, LLC out of Atlanta, for old 'Bank of America' cases and Colorado Capital Investments, Inc. out of Hurst, TX.

Love, Beal & Nixon need a refresher course on the Fair Debt Collection Practices Act (FDCPA). Consumers dealing with LB&N need to realize that perhaps this law firm is NOT as smart as they would think, nor are the court papers they file, always accurate.

Legal debt collecting is NOT for anyone who has a law license and looking for easy money. There is some skill, knowledge and experienced required to become a successful litigator, an area where LB&N appears to be sorely lacking.

If you are being sued by Love, Beal and Nixon on anything associated with Bank of America and/or Worldwide Asset Purchasing, DO NOT ignore their court summons. They are hoping you will lose by default, when you may be able to show them you are smarter than they are.

Having a law license does NOT necessarily mean that you are smart. It just means that...you have a law license!



budhibbs.com

Bud Says...


This is a law firm that gives me the impression that they don't have a clue about what they are doing.

I don't have any idea what type of law this collection agency law firm practiced prior to getting into debt collections, but they may need to go back to it.

LB&N appear to me, to be severely lacking in the manner in which they approach debt collection law. Their paperwork is sloppy, shoddy, incomplete, lacking in substance and (in several cases) perjured.

Their clients include some of the most disgusting, sleazy debt collectors in America. This includes the ever-slimy World Wide Asset Purchasing, LLC out of Atlanta, for old 'Bank of America' cases and Colorado Capital Investments, Inc. out of Hurst, TX.

Love, Beal & Nixon need a refresher course on the Fair Debt Collection Practices Act (FDCPA). Consumers dealing with LB&N need to realize that perhaps this law firm is NOT as smart as they would think, nor are the court papers they file, always accurate.

Legal debt collecting is NOT for anyone who has a law license and looking for easy money. There is some skill, knowledge and experienced required to become a successful litigator, an area where LB&N appears to be sorely lacking.

If you are being sued by Love, Beal and Nixon on anything associated with Bank of America and/or Worldwide Asset Purchasing, DO NOT ignore their court summons. They are hoping you will lose by default, when you may be able to show them you are smarter than they are.

Having a law license does NOT necessarily mean that you are smart. It just means that...you have a law license!



budhibbs.com

I am ready to file my answer, Do I need to include affirmative defenses with the answer? If LBN do not furnish a copy of the original contract does the SOL in Oklahoma go from 5 years to 3 years on open account? The Petition does not mention a written contract , it merely states that defendant for valuable consideration received, entered into an agreement promising to pay the plaintiff or plantiff's assignor. Defendant has defaulted on the agreement, which has been accelerated by its terms, and after all due and just credits applied and after demand, there remains due, owing and unpaid in the amount of $.
I have never received a final demand from this company and according to my petition I owe $ 18,069.00 plus $ 200.00 attorney fees that have already been assesed on my credit report.

James,

From my past experience, I can say that the OK courts are most friendly and helpful and very flexible on what they allow from the Pro Se respondent.

Good luck

from the site acf.hhs.gov/programs/cse/pol/DCL/2000/dcl-00-103.htm

Question: When SSI benefits are paid into a bank account, do they retain their character as protected benefits?

Answer: Yes. The U.S. Supreme Court has held that Social Security funds deposited into a bank account "retained the quality of 145moneys' within the purview of section 407[.]" Philpott v. Essex County Welfare Bd., 409 U.S. 413, 93 S.Ct. 590, 34 L.Ed.2d 608 (1973). Courts have also held that the funds remain exempt from legal process even if they are commingled in a bank account with other funds, so long as they are reasonably traceable to Social Security. NCNB Fin. Servs. V. Shumate, 829 F.Supp. 178 (W.D. Va. 1993), affd. 45 F.3d 427, cert. Denied 115 S.Ct. 2616. Since the prohibition on the attachment of SSI payments is based on the same statutory provisions as apply to Social Security, i.e. section 207 of the Act (42 U.S.C. 407), the reasoning in these cases would apply equally to SSI payments.

google search garnishment social security disability collection agency

"Which property and income is protected from debt collection? There are certain kinds of income and property that cannot be taken to collect a consumer debt.

***Income such as Social Security, Supplemental Security Income, Temporary Assistance for Needy Families (TANF), GAU, private pensions, federal civil service pensions, Labor & Industries disability payments, and Unemployment Compensation cannot be taken to collect a consumer debt. **** Additionally, the greater of $154.50 per week or 75% of your net wages (gross pay minus taxes, Social Security, and other mandatory deductions) is exempt. THIS INCOME IS USUALLY NOT EXEMPT FROM GARNISHMENT FOR CHILD SUPPORT PAYMENTS OR TAXES. If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My incomeconsists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter.

While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt fromgarnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency.

Property, such as $40,000 equity in your home, a car of limited value and personal belongings up to a certain monetary limit, cannot be taken to collect a debt. For more information, or if a creditor or collector is attempting to garnish your income or property, see our publications How to Claim Personal Property Exemptions and Debtor's Rights in a Lawsuit

google search garnishment social security disability collection agency

"Which property and income is protected from debt collection? There are certain kinds of income and property that cannot be taken to collect a consumer debt.

***Income such as Social Security, Supplemental Security Income, Temporary Assistance for Needy Families (TANF), GAU, private pensions, federal civil service pensions, Labor & Industries disability payments, and Unemployment Compensation cannot be taken to collect a consumer debt. **** Additionally, the greater of $154.50 per week or 75% of your net wages (gross pay minus taxes, Social Security, and other mandatory deductions) is exempt. THIS INCOME IS USUALLY NOT EXEMPT FROM GARNISHMENT FOR CHILD SUPPORT PAYMENTS OR TAXES. If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My incomeconsists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter.

While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt fromgarnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency.

Property, such as $40,000 equity in your home, a car of limited value and personal belongings up to a certain monetary limit, cannot be taken to collect a debt. For more information, or if a creditor or collector is attempting to garnish your income or property, see our publications How to Claim Personal Property Exemptions and Debtor's Rights in a Lawsuit

google search garnishment social security disability collection agency

"Which property and income is protected from debt collection? There are certain kinds of income and property that cannot be taken to collect a consumer debt.

***Income such as Social Security, Supplemental Security Income, Temporary Assistance for Needy Families (TANF), GAU, private pensions, federal civil service pensions, Labor & Industries disability payments, and Unemployment Compensation cannot be taken to collect a consumer debt. **** Additionally, the greater of $154.50 per week or 75% of your net wages (gross pay minus taxes, Social Security, and other mandatory deductions) is exempt. THIS INCOME IS USUALLY NOT EXEMPT FROM GARNISHMENT FOR CHILD SUPPORT PAYMENTS OR TAXES. If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My incomeconsists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter.

While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt fromgarnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency.

Property, such as $40,000 equity in your home, a car of limited value and personal belongings up to a certain monetary limit, cannot be taken to collect a debt. For more information, or if a creditor or collector is attempting to garnish your income or property, see our publications How to Claim Personal Property Exemptions and Debtor's Rights in a Lawsuit

google search garnishment social security disability collection agency

"Which property and income is protected from debt collection? There are certain kinds of income and property that cannot be taken to collect a consumer debt.

***Income such as Social Security, Supplemental Security Income, Temporary Assistance for Needy Families (TANF), GAU, private pensions, federal civil service pensions, Labor & Industries disability payments, and Unemployment Compensation cannot be taken to collect a consumer debt. **** Additionally, the greater of $154.50 per week or 75% of your net wages (gross pay minus taxes, Social Security, and other mandatory deductions) is exempt. THIS INCOME IS USUALLY NOT EXEMPT FROM GARNISHMENT FOR CHILD SUPPORT PAYMENTS OR TAXES. If your income is exempt from garnishment, then you may wish to put the collection agency on notice to that fact. You could provide this information to the collection agency in writing, keeping a copy of the letter. For example, if your only income is Social Security, which is exempt from garnishment by federal law, then you might write the following: My incomeconsists only of Social Security, which is exempt from garnishment by federal law. You could also include this information with any of your other written correspondence to the agency, e.g., if you sent a cease communication letter.

While this is not a defense to the underlying claim, it does provide the collection agency with knowledge that your only income is exempt fromgarnishment. If the collection agency successfully sues you and then garnishes your bank account containing exempt funds, then you may have a cause of action against the collection agency.

Property, such as $40,000 equity in your home, a car of limited value and personal belongings up to a certain monetary limit, cannot be taken to collect a debt. For more information, or if a creditor or collector is attempting to garnish your income or property, see our publications How to Claim Personal Property Exemptions and Debtor's Rights in a Lawsuit

Trust me on this one - if your only source of income is from social security disability THEY CANNOT DO ANYTHING PER LAW .... Social Security disability money CANNOT BE ATTACHED IN ANYWAY, SHAPE OR FORM .... If you have money coming in from another source BE SURE TO KEEP THE SOCIAL SECURITY DISABILITY MONEY SEPARATE FROM ANY OTHER SOURCE OF INCOME ....

Federal law makes your Social Security benefits exempt from levy, garnishment, and assignment.
42 USC 407(a) states: "In general the right of any person to any future payment under this subchapter shall not be transferable or assignable . . . and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law."

This means that even if a creditor or debt collection agency has a judgment against you, they cannot garnish your Social Security payments, nor can they take the money from you after it has been paid to you; for example, the portion of your bank account that is attributable to your social security benefits is exempt from levy or attachment.

Once you tell them this is your only source of income your debt will be sold to another ...

plus like everyone else says VALIDATE THE DEBT JUST TO RUB THEIR NOSES IN IT .... Sorry that was mean of me .....

generally, most courts are the same

place the name of the court here
name of your state


Plaintiff judge:
case or docket #
-v-

your name responds
address
PRO-SE

Comes, now ( your name ) Pro-se,

file in your reponds here;

The clerk of court, would be best to answer your question, i don't know if the format i used will be placed right, once Its copies to this site,

Unless you request a continuance, and its approved by the court, you will not have extra time to answer, and that's what these people count on

File everything within the time allowed, if you need more time, you must make your request, with in the same time allowed, to file your paper work

Any law book, or clerk of court will have form you can use as a format

I'm not attorney, read the rules of civil law for your state to get all the correct information
that way you can see all that applies, and if your court requires you to file affidavit's and the use of the proper statute number or rule numbers is very important

I went to the courthouse today to look at various submissions filed in cases of this kind. Do I need to file an entry of appearance stating that I am representing myself "Pro Se" with the court before filing my answer and motion for Discovery?

Also will I get an additional 20 days to file the answer by entering the entry of appearance?

James,

First, from my observance and dealings with OK courts, they are fairly relaxed as to the format of a response from a non lawyer.

Second, short and sweet is best. Something like this works fine.

In response to the summons recieved on xxxx, with a case # of xxxx, I hereby deny all responsibility for said debt. I have never entered into any business relationship with said plaintiff.

Just be sure to reference the court on the letter as well as a date and your full name.

Send this by certified mail, return reciept requested and be sure to put the certified # on the letter itself and keep a copy for your records. This is very important.

You will then have to file a discovery motion with the court. The clerk of court will usually help you with this.

from my past TWO dealings with LBN, I have found that if you fight back at all, they dismiss. They usually only go for the default judgements, as this is the easy money they like.

However, if they do not dismiss prior to your court date, I would suggest getting an attorney just to be safe.

Good luck.

I received the summons on Dec 15, 2006 and I am now in the process of answering. Do I deny all debt to the collection company in the answer and then file my own request for all details and proof that the debt is owed to Asset Acceptance LLC. Then based on what response I get, then file motion to dismiss?

I really appreciate you taking the time to help others as you have had success beating these scumbags.

Thanks

James,

Be sure your response is filed to the summons within 35 days, or these parasites will be there on the 36th day getting a judgement!

The discovery motion is your next move after the initial response. The clerk of court will usually help you with this. They are friendly in OK!

Then, IF you get the discovery, file a motion to dismiss if it is not adequate.

You will beat them here on validation and chain of title. Guaranteed.

This has changed hands so many times there is no way they can PROPERLY validate it to win in court.

Read my prior posts on dealing with them. I have it all spelled out as to how I beat them.

Good luck.

Thanks for the information, I will go to the courthouse and get serving, and any other info for the judgement. Do you know the exact procedure to handle the current lawsuit. Do you know how I can get information on what motions I need to file and the format of these motions?

thanks

James in Madill,OK

James,

Love, Beal, and Nixon are probably the most unethical bunch of lawyers in the State of OK.

They are famous for what is known as "sewer service". They knowingly serve an old address of yours so you will not respond, then they get the default judgement.

And, in OK, anyone suing you MUST sue you in the county of your residence. So, all you need to do is contact your clerk of court and get all filings on the case, including the service, original lawsuit and judgement.

If they falsified anything or engaged in sewer service, file a Bar Association complaint against them.

This is what they tried with me, and it was how I beat them and got the suit dismissed, all without a lawyer, and never stepping foot in the courtroom.

There are many lawyers who will do this pro bono for you, and you have an advantage being a disabled veteran. Some lawyers make their services available through a counselor at the VA on a referral basis, and the VFW usually has at least 1 member who is a lawyer that usually offers assistance for free or of little cost.

Also, OK has some half decent legal aid offices available to those on fixed incomes and/or disability.

If there was any phony filings on the first case, you can get the judgement set aside / vacated with usually one court appearance.