Love, Beal & Nixon Being Sued By Love, Beal & Nixon because old charged off credit card Okalhoma City Oklahoma

I'm not giving you legal advice, but here is what I would do:

Go to the courthouse and review the case file. Request for summary judgment sounds like they served the wrong address and proceeded the case along. After the initial service they can just mail you the documents in the file. I would get a copy of the proof of service and go back to the attorney you spoke to. (BTW: What I've heard is that there is no legal definition of what a debt validation has to consist of, and you already said they mailed something back to you when you requested something....) They probably served an incorrect address.

As for SOL, it would usually begin when you stopped making payments on the card. You mentioned 2005 - so when in 2005. If they filed their lawsuit the day before the 3 yr anniversary of that date - even with the improper service, they probably met the legal requirements and so the SOL wouldn't work as a defense.

Again, I would see the attorney you spoke to again promptly.

Steve,

Thanks for all of your help on this. I have one more question. The court summons was delivered via UPS mail to my daugther not hand delivered. Is this legal? Also do you know how I can find out when the CC was defaulted on to see if it meets SOL before court. I am going to court to say that I was not legally served and I did not ever receive the summons since it was mailed to an old address. I am going to respond that I do not owe this debt to Love Beal & Nixon at all and I want to see the contract that states that they own it and where is my signature that states I own it. I spoke to a lawyer and he said all I can do is go to court and fight to have this extended or dismissed because I never received anythng from Love Beal & Nixon after I requested proof of the debt. Is this a feasible defense?

Kat the first thing that I can say is NEVER talk to them on the phone! This can and will be twisted in their favor. As per your conversation they can and will say just about anything to a) make you look bad b) make themselves look good. Probably something along the lines that they have attempted to work with you and you have refused reasonable offers to settle this matter.

Did you file an answer to their petition? If not, do so immediately. It will be way past the 30 day limit but at least if it is filed you have something to present to the judge and they may still consider it. Although be prepared for them to have it thrown out. Your best defense may just to put yourself at the mercy of the court.

It sounds like you have already admitted that the debt is yours and that you owe the money. If you have not made any payments, payment arrangements or other such things you may be able to declare that it has exceeded the statute of limitations. But if you have done any of the above it resets the time frame.

But, most important don't talk to them on the phone. Make them mail it to you. Keep all communication between yourself and them and take it with you. As much as they threaten though, they do not want to go to court. They want to settle but don't ignore this or no-show on your court date. That will just hand them the win with virtually no recourse for you.

First, are you sure that they are "really" taking you to court? Were you officially served papers for a court summons by a sheriff or other official coming to your residence and hand delivering the summons to you? Debt collectors do not how the power to summons you to court by themselves...only the court can do this and they have to officially notify you be serving you papers.

Send them a letter via Certified Mail + Return Receipt stating:

Per the Fair Debt Collection Practices Act, I am requesting:

- written validation of this alleged debt and that said alleged debt is within the statute of limitations

Per the Fair Debt Collection Practices Act, I am requesting that you cease contacting me at work. I am not allowed to take outside calls.

DO NOT sign your name on this letter. They might pull off your signature and put it on a forged document.

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If you were in fact officially served a court summons, DO NOT under any circumstances be a "no show" on the court date. If you fail to show up, the other side will win by default...and you might be looking at 25% wage garnishment and freezing of your checking accounts. This firm LOVES to get default judgments by people not showing up in court on the appointed date.

If you were in fact served, you MUST also respond to the court by the date given. Get an attorney to help you with this.

Check out Budhibbs.com for more info on this firm....

Please I need some help with Love Beal & Nixon. They are seeking a summary judgement against me for an old Capital One Credit card that I have not paid on since 2005. I know the SOL is 3 years, but I also know that I never got a day in court until this summary judegement which is scheduled for 8/25/2008. I contact a lawyer but he said he could not help. Is there anyone out there who can.

Help!