Love, Beal & Nixon ripoff? Oklahoma City Oklahoma

I just wanted to post an update on my case and double check to see if anyone has some advice to give before I submit my "Answers" to the Plaintiff's Requests For Admissions, Interragatories and Request for Production of Documents.

Last time I updated, I felt defeated. I went for a consultation with a local attorney. After visiting with her, I think I messed up her chances of getting scraps thrown to her from L,B&N, for a while anyway. Her "advice" was to call LB&N, settle up and pay up. She offered to "help", but at a fee of 300.00 just to file the necessary documents so I could roll over, play dead and pay these debt collectors. I was furious.

I immediately filed (by myself, no attorney) a Motion for Discovery. In my motion, I specifically asked for a copy of original contract, signed my me, to be provided to me. I waited until the motion docket and I went to court, again by myself...no attorney. This time, LB&N didn't show up nor did they send a local. My discovery motion was sustained and the judge told me to prepare a journal entry for him to sign and submit it to the court. I left the court house happy, but very confused. I wasn't real sure what a journal entry was. Good thing it's election year!

I went to an attorney's office that is across the street from the court house and asked for a consultation and some advice. (She was running for a local office. People running for an elected office don't say no on election year.) I briefly explained my case and asked for some advice. She explained to me what a journal entry was and this is just what I needed to get things rolling again. I went to the local library, typed up the journal entry and certificate of service.

I went back to the court house, went to the judges chambers and had him to sign the journal entry. I then went to the clerks office and got it stamped "filed". I asked the clerk to make two copies of the document (one for me and one for the plaintiffs attorney). I left the court house and went straight to the post office and sent a certified letter, return reciept requested (I THINK THIS IS A VERY IMPORTANT STEP!) to the plaintiff c/o Love Beal & Nixon.

A very cool thing I learned from the last attorney I visited with, she asked me who the plaintiff was. I found this an odd question, but I told her and then asked why. She said that she needed to fill out a "conflict card". I asked her what she meant, and she said she has to fill it out since she seen me and had given me advice on the case (even though I didn't hire her).

She now cannot represent the plaintiff on any level in thier case against me. The cool part about this is the first attorney I seen cannot make a quick buck by sitting in for these guys. LB&N has a reputation of sending a "local" to represent them in court. This local attorney seems to know nothing about the case.

They apparently are only there to represent LB&N in the case against you, just in case you don't show up. This is why it is SO important for you to show up for every court motion docket/hearing/trial that involves you and your case. I firmly believe that the original attorney I got advice from has done this for LB&N in the past. My belief on this stems from the fact that she called LB&N a VERY reputable law firm. Ha!

I check the civil court web site almost daily for any updates on my case (just in case LB&N get sneaky) and I make sure I show up for every court docket pertaining to my case. I have now been to court twice (motion dockets only), received legal advice from two attorneys and all the $ I am currently out is postage. As the defendant, I have not had to pay filing fees. LB&N are already out 181.00 in filing fees.

The latest in this case is the Plaintiff's Requests for Admissions, Interrogatories and Request for Production of Documents. I also noticed that on the court web site, there is an entry dated 11/13 for "Notice/Affidavit of Indebtedness". Does anyone know what this is? Is the the same thing as the request for admissions/interrogatories? What have they filed at the court house? If there is anyone out there who is familiar with this, would you please let me know.

I am getting ready to research this, I just don't want to answer ANYTHING wrong. I am preparing my answer to the plaintiffs requests, how should I word this document?
Any advice or help from anyone out there will be greatly appreciated!

Thanks for reading and I hope to hear from someone who has advice or even if my posting helps you out. We are all in this together. Good luck everyone, LET'S BEAT THEM AT THIER OWN GAME!

I just got back from civil court. My motion to dimiss was heard and denied. The judge entered the motion as an "answer" to the petition originally filed by LB&N. He also said "A person who represents themselves in a court of law is only as foolish as thier client".
I left the court room and walked across the street to a law office and scheduled a consultation with an attorney. I go to see her tomorrow. Love, Beal and Nixon didn't even show up for court, they sent a local attorney.
I just want to say GOOD LUCK to everyone out there that is having to deal with LB&N. I hope we all win our cases.

Is there still talk out there on a class-action lawsuit? If so, please count me in.

I'll keep you guys posted on future events in my case.

Gerri,

When you were first notified of the suit you had a specified response period.

During this time you only needed to respond that you have never done business with any of the parties named and do not have any debt to them. Also state that there have been no collection attempts or notice of alleged debt prior to the filing of the lawsuit. Also specify that you requested a full validation of debt and itemization of charges and are still waiting.

With this said, it would have been dismissed before going to court. I have dealt with LBN and I know how they work. If you fight, they go away.

However, by filing a motion to dismiss, you forced it to go to court. It has to get on the docket for the motion to be heard. Now you will have to go to court.

Reading lawbooks is far different from real experience in dealing with the matter at hand.

I have beaten LBN without even 1 appearance in court.

Now, you must file a motion of discovery to see what "evidence" they have to support the claim. Your only defense now is to demand proof thay actually own the debt and/or have the right to collect it, and make the same demand of every other entity or person in the chain of custody back to the original creditor. If anyone in that chain cannot prove ownership or the right to collect on or sell the debt, LBN claim is invalid as they do not legally own it. They are in possession of stolen goods.

Hi everyone,

It's me again. I filed a Motion to Dismiss with the court on August 9th. Today, August 25th I received a Response to Motion to Dismiss and Brief in Support from LB&N. I quote thier motion. "The majority of Defendant's complaints appear to stem from her general allegation that Plaintiff has failed to state a claim upon which relief may be granted, in one or more ways. In bringing such a Motion, Defendant bears the burden of establishing that there is NO set of facts which may entitle Plantiff to relief in this matter, which is a very high evidentiary hurdle.

Defendant has failed to meet this burdern and the Motion to Dismiss must therefore be denied." "The Petition clearly sets forth allegations constituting a claim for breach of contracts: (1) an agreement, supported by consideration, existed between the parties; (2) Defendant breached that agreement; and (3) Plaintiff was damaged as result of Defendant's breach.

The details of these allegations constitute matters to be investigated through the discovery process, and Defendant is not entitled to dismissal simply because the do not appear in the Petition. To the extent the Motion to Dismiss is responsive to the Petition, Plaintiff requests that the document be treated as an "Answer" to the Petition, making the Motion to Dismiss moot as untimely and improperly filed. Wherefore, Plaintiff, First Resolution Investment Corp., requests that Defendant's Motion to Dismiss be, in all things, denied, and the Defendant be ordered to answer the petition within twenty (20) days from the date of the Court's ruling."

WHAT THE HECK ARE THEY TALKING ABOUT? I HAVE NEVER DONE BUSINESS WITH "FIRST RESOLUTION INVESTMENT CORP". How in the heck does "The Defendant" bear the burden of establishing that there is no set of facts which may entitle Plantiff to relief in this matter? I DON'T KNOW WHO THEY ARE!

What do I need to do now? Do I need to sit and wait for the court to respond to the Motion? If so, will the court let me know the date or the outcome. I would like to be present for this, but how am I going to know when it all takes place? Will they respond to me by mail? Do I need to file another Motion/Answer with the court to thier original petition? I am at a loss on this matter. I know that they purposely word documents to thier advantage, that is the reason I typed the whole thing out. I do not know what I am supposed to do now. I don't want them to win by default.
Any suggestions?

Don,

That is a good question. The Soldiers Civil Relief Act protects a military member from adverse action while deployed overseas on active duty, and for a period of time after return. This is federal law and in itself has nothing to do with SOL.

Since each state has thier own SOL laws, they also have laws regarding protection for military members.

Each credit bureau has a program for military members in which you can send them your deployment orders and they will place an entry on your credit report to let creditors know you are deployed and the dates involved.

The Soldiers Civil relief Act requires that all debts incurred prior to the date of deployment, or knowledge of being deployed, be reduced to no more than 6% during the entire period of deployment, and all collections actions or other adverse action be put on hold until at least 30 after the military member returns home.

The credit bureaus also allow a block on the military members credit files while deployed so new credit cannot be extended without first contacting the member.

Tom keeps spewing his garbage as he only wishes to disrupt this board. He needs to specifically read and understand the FDCPA, and then each states own law on tolloing for purposes of SOL extension. Each state is different.

So the answer to your question by federal law is no, however each state is specific in this regard, so there is no single answer. It depends on the both the state your debtor incurred the debt and the state the debtor currently resides in.

I have personally dealt with these attempts by collectors and collection agencies, and they rarely fly. The collector must prove the debtor was not servable. The debtor is required to provide accurate contact information to the original creditor while the account is open as per the terms of the contract. There is no legal requirement of the debtor to make him/herself available to a third party collector or debt buyer.

The original creditor deemed the debt uncollectable and charged it off, and took the tax deduction for the loss, and sold it to a debt buyer. The debt is no longer a debt anymore, it is an investment.

The purpose of a Statute of Limitations is to make sure that a plaintiff files suit and serves process in a timely manner.

The purpose of a Toll is to stop the clock while a person is unservable.Because it would not be fair to the plaintiff to keep the clock running if they cannot serve process.

From Black's Law Dictionary:

Tolling Statute.A law that interrupts the running of a statute of limitations in certain situations,as when the defendant cannot be served with process in the forum jurisdiction.

When a credit card account is opened,the person's primary residence is an important element of the agreement.If they move out of state and inform the card company,the company can agree to transfer the account to the new residence or they can object.If they transfer the account without objection then the new state's laws apply.If you move and do not tell the card company,then they have not agreed to transfer the account and the old state's laws still apply.The contract may stipulate that you have to inform the company if you move out of state.

A Statute of Limitations begins running at the time of default.Where you go after the time of default is irrelevant as long as you are technically servable.

Steve,you keep saying that my terms and procedures are specific to Texas.I do not believe you.I don't even think that you believe what you are saying,because if you did you would provide specific examples.In fact,I challenge you to tell me everything that I have said that is specific to Texas or would make someone look "stupid" .I bet you can't come up with even one thing.

Also,I print out all of your posts.I'm sure they'll come in handy the next time I need to line my birdcage.

Steve,

Is there a email address I can contact you at? I have a few questions for you regarding Civil Summons Process Servers in the Florida.

Thanks!

Steve,

Is there a email address I can contact you at? I have a few questions for you regarding Civil Summons Process Servers in the Florida.

Thanks!

Steve,

Is there a email address I can contact you at? I have a few questions for you regarding Civil Summons Process Servers in the Florida.

Thanks!

Purely just asking this question. IT is a very rare circumstance becuase most of the time Power of Attorney has been given. I have only had to use this code twice in 6 weeks, and I am trying to gather all information.

As a collector, we have been total that we can put accounts on hold if the debtor is in the military (overseas). Does this also hold the Statute of Limitations???

Tom,

There is no provision in the SOL based on the fact of whether you are servable or not.

Tolling applies when you move from the original state where the debt was created and the state you are in has a higher SOL. This is when they can TOLL the original SOL as long as the state you are living in does not forbid it.

FYI...many of the legal terms and proceedures you are using are specific to TX, and could make someone in another state look very stupid in quoting them.

It is best to just stick with federal law as a basic guide within the FDCPA for most collections issues, as state law can only provide more protection than federal law, but cannot take away from it.

Keep it simple. basic procedures normally work, without ever going to court. Most lawsuits, when responded to get dismissed, as these debt collectors rely almost entirely on default judgements. They rarely even show up after the first hearing if the debtor shows up. Then it gets dismissed.

The key to the Statute of Limitations is to read the plaintiff's complaint carefully.What have they specified?Have they specified a breach of a written contract,an oral contract or an open account?What have they specified as the breach and on what day?

Different complaints have different Statutes of Limitations so check your State's Laws.

If they have specified a violation of a written contract,then where the contract was made has precedence.Then,of course,they have to provide a copy of the contract,which they don't have.

If they have specified a violation of an "Open" and ongoing account then where you lived when the account went into default takes precedence. Especially if the account has been at that residence for an extended period.

Often,because of the ambiguity,contracts will specify such things.When specified,that takes precedence.If they claim that it is specified in a contract,have them point it out to you.

You can use the ambiguity as a negotiating tactic.If you believe that your theory is correct don't be afraid to fight for it.If plaintiff wants to disagree with your theory they will have to prove that they are right.

If you move,the SOL continues where it started.

In certain instances,when you are unservable the statute is "Tolled" or stopped running.If you leave the state and cannot be served the statute is tolled until you are servable.

There is a related defense called the "Doctrine of Laches".You can use this defense if you feel that the plaintiff has unreasonably delayed or has been negligent in pursuing their claim in a way that prejudices the defendant.

Also called "Estoppel by Laches".

There is no specified time,you just have to believe that their delay was unreasonable and that is has put you at an unfair disadvantage.

Over time people forget important information and throw out old paperwork.You may not have the same ability to defend yourself as if the plaintiff had brought suit in a timely manner.

To assert the defense of Estoppel by Laches you have to explain why the plaintiff's delay was unreasonable and how it has disadvantaged you.

Both the Statute of Limitations and the Doctrine of laches are known as "Affirmative" defenses.

Some people mistakenly think that asserting an affirmative defense means that you are affirming the plaintiff's complaint.

It means "even if" all of the plaintiff's allegations are true,the defendant can avoid having to answer the complaint.

The defendant can assert the right to deny that the plaintiff be allowed to have their complaint heard on the merits.

It means regardless of the merit of the case.

You should be careful how you word these defenses so that you do not admit liability!

Jim, Steve & Tom

I just want to say thank you for the information. I consider it a very valuable asset to me as I am "ignorant" of the laws of the court system. I was just beside myself trying to figure out what to do next after I was served with the petition and summons. I have had several sleepless nights worrying, but now I feel I am armed with some really good advice and I feel I can beat these guys at thier little game. Again, I just wanted to say thanks for taking the time to respond. I really do appreciate it. I will keep you posted on the outcome.

Gerri

Tom,

I already answered exactly how to do it. It is very simple to get it dismissed before actually going to court.

Like I said, in OK your response must be recieved by the court and the plaintiff within 35 days of the date you are served.

This can be done in simple letter format, but be sure to clearly reference the case# and the plaintiff.

Specify that you have no knowledge of this debt and never heard of the alleged creditor. Also specify that this is the first you have heard of this "debt" and there have been no collection efforts prior to the filing of the lawsuit.

At the end state that you feel it is a frivolous lawsuit and should be dismissed.

Good luck

I think that a motion to dismiss is the right response,right now.

It covers all of the key points.It denies owing any money to First Resolution.It is a response to both the court and the plaintiff.It covers making them prove any debt.And it addresses a lack of a written agreement.

Forget validation,that's for before trial and for debt collectors.Gerri never specified they were a debt collector.If the plaintiff has not specified that they are a debt collector,you do not have to and you should not assume that they are.You treat them as what they claim to be.If they act like the original creditor that's how you should treat them.If they don't specifically and explicitly state that there is an original creditor,then you should not act like there is one.Ignore any vague references.Vague references don't count,they have to be clear and explicite.

Think about it;if a debt collector files suit as if they are the original creditor how can they survive a challenge?They can't,because thier suit is based on their own lies.They do this because most people don't properly challenge them anyway.

How can they prove a case based on their own lies?
They can't.But most people don't make them prove anything anyway.

Well,this case will be challenged and they will be required to prove whatever they claim.

Essentially a motion to dismiss says:
The plaintiff has been given a fair chance to address all of these issues and they have not done so.And since they refuse to do so I am asking for this case to be dismissed.

It gives them a time limit to address all of these issues.It means you're done waiting and begging for them to give you what you were already entitled to.They have not provided it,so too bad for them.It tells them to put up or shut up.It says you really don't care about their information anymore because it's too late,you're done waiting.

This puts them on the defensive.

If you don't do it like this they will drag this out forever.I've seen the posts,it's not pretty.They try to wear you down.They win by attrition.

This should quash this suit before the next hearing.

When they get the motion to dismiss they have until the next court date to provide you with all of the things that you have specified in your motion or the case will be dismissed.

It says,either they give me everything I am entitled to,immediately,or they lose their rights.

This is information they should have given you a long time ago.Their time is over.They are in default.Their case is so defective it's pathetic.You don't have to put up with their nonsense anymore.They think they can withhold information forever,they can't.

If someone sues you they have to give you all of this information when they sue you! Not whenever they feel like it.If they do not provide the information with the summons,they do not have the right to have their case heard.You have the right to have it dismissed.You have the right to ask the court to dismiss this suit.

It is not fair to you to expect you to deal with this without giving you the information you are entitled to.This is exactly why there is a motion to dismiss in the first place.

A motion to dismiss is clear,responsive and decisive.It is a counter move to their motion for judgment.It makes them answer to you instead of you answering to them.It accuses them of wrongdoing.It makes them the bad guy not you.It gives them notice that you consider their claim frivolous and without merit.

If they continue to try to prosecute this case without providing what you have stated in your motion to dismiss;they open themselves up to a countersuit for malicious prosecution.Send them a letter asking them to provide you contact information for their registered agent just in case you do need to sue.

They obviously do not have the things specified in your motion to dismiss because they didn't include them when they should have.

I think it will make them quit.

If they don't quit this will have to go before a judge and the plaintiff will have to explain to the judge why they have not met their obligations.If their explanations are not acceptable to the judge he will dismiss.If he doesn't dismiss he will probably order plaintiff to provide you all of the requested information by a specific date.If they do not meet all of their obligations by the due date that the judge gives them,you can again motion to dismiss.The information they have to provide may be referred to as a "More Definite Statement" or a "Bill of Particulars".

Gerri never stated that the creditor was a debt buyer.If they have not specified that they bought a debt you should not just assume it.Gerri says that she does not know the creditor,period.That's all she has to say.She does not have to assume anything not specified in the complaint.She does not need to answer anything that is not in the complaint.

In fact I would add four more reasons to my motion to dismiss.
1)I hereby disclaim any interest in this matter.
2)Plaintiff has failed to show reasonable cause to bring suit.
3)I believe that the plaintiff has deliberately withheld relevant information to prejudice the defendant and to deny the defendant their right to due process.
4)I believe that plaintiff's professional legal counsel has tried to take advantage of the defendant's inexperience in this type of matter as they knew that they were dealing with a person representing themselves.

Note to Steve:

Steve;How,specifically,do you think she should respond ? Type it up.You have already delt with and defeated these guys.How did you do it? You have already filed the papers that have won against these guys in Oklahoma.While I'm sure you can do it,you're not providing enough detail to be as helpful as I'm sure that you can be.

I have given an actual example of the paper to file.If you have a better one,we need it as soon as possible.

And the last time I checked,Texas is part of the United States and it has the same laws and rules as everywhere else.You act like it's on Mars or something.We even speak English.

Standard Disclaimers.

In the pure legal sense, the state to which the contract was executed would normally be the state where the SOL would apply, UNLESS there is language in the contract that specifies which state is to control.

However, and there is always a however, quite a few juristictions have adopted that if you continue to pay in another juristiction and if the contract it silent on which state applies, the new state would apply.

Another However, courts are not of the same opinion and most contracts - especially with credit cards, tend to spell out exactly which state's laws apply. In those cases, that state's SOL would apply and control.

In the case of car loans, home loans, etc, usually if the contract is silent, that state where the contract is executed, i.e. where both parties sign, is the controlling state. If both parties are in different states, it is usually the state in which the LAST signature was made.

Hope this helps.

Cyd,

Generally the courts use the state in which the debt was originated as the state law to enforce the contract regardless of what state you are living in while in collections.

It is up to the court and your specific state laws where you reside to make the decision. A judge has a lot of latitude in making decisions.

To the OP-Gerri, The "creditor" listed is only the last debt buyer who had it. You must respond to both the court and the person suing you within 35 days in OK. This is imperative. Dispute owing THEM the money, and demand validation. Be specific that you want to see whatever document you signed to create the alleged debt as well as an account history.

You have the right to countersue for them filing a frivolous lawsuit. Keep in mind that the original creditor is out of the picture. That debt buyer has to prove they own it and aquired it legally. therefore you can demand proof of ownership every time it changed hands back to the original creditor. If they cannot or will not do this, they cannot prove they legally own the debt.

LBN rarely shows up, they just go for the default. It is a numbers game.

I understand the concept of Statute of Limitations and I know what they are in my state. What I have been unable to find out is if the SOL is based on the following:

1) The laws of the current state of residence regardless of the state of residence at the time of the contract or at the time of last activity.

2) The laws of the state of residence at the time of contract

3) The laws of the state of residence at the time of last activity

4) Is there a difference in which state laws apply based on the type of debt

For example: Creditor resides in state A. Most if not all debts were originated while residing in this state. These debts contain credit cards, auto leases, mortgage and loan from bank (not revolving).

Creditor then moves to state B. During this time creditor stops paying on some debts(Date of last activity) due to financial hardship and gets behind on others.

Creditor then moves to state C to improve situation, catches up on current debts he is behind on. Then Creditor is seriously injured and unable to work at all and then defaults on most if not all debts.

Which states laws regarding SOL apply?


Thanks Tom you have provided some good advice and a lot of good information that can help others deal with bogus debt collection as well as debts truly owed by the alleged creditor. Also people should note his disclaimer that he is not an attorney and that individuals need to research the laws in their own states and if necessary hire an attorney to represent them. Number one, protect yourself by knowing the laws and/or hiring and attorney.

anonymous

I understand the concept of Statute of Limitations and I know what they are in my state. What I have been unable to find out is if the SOL is based on the following:

1) The laws of the current state of residence regardless of the state of residence at the time of the contract or at the time of last activity.

2) The laws of the state of residence at the time of contract

3) The laws of the state of residence at the time of last activity

4) Is there a difference in which state laws apply based on the type of debt

For example: Creditor resides in state A. Most if not all debts were originated while residing in this state. These debts contain credit cards, auto leases, mortgage and loan from bank (not revolving).

Creditor then moves to state B. During this time creditor stops paying on some debts(Date of last activity) due to financial hardship and gets behind on others.

Creditor then moves to state C to improve situation, catches up on current debts he is behind on. Then Creditor is seriously injured and unable to work at all and then defaults on most if not all debts.

Which states laws regarding SOL apply?


Thanks Tom you have provided some good advice and a lot of good information that can help others deal with bogus debt collection as well as debts truly owed by the alleged creditor. Also people should note his disclaimer that he is not an attorney and that individuals need to research the laws in their own states and if necessary hire an attorney to represent them. Number one, protect yourself by knowing the laws and/or hiring and attorney.

anonymous

I understand the concept of Statute of Limitations and I know what they are in my state. What I have been unable to find out is if the SOL is based on the following:

1) The laws of the current state of residence regardless of the state of residence at the time of the contract or at the time of last activity.

2) The laws of the state of residence at the time of contract

3) The laws of the state of residence at the time of last activity

4) Is there a difference in which state laws apply based on the type of debt

For example: Creditor resides in state A. Most if not all debts were originated while residing in this state. These debts contain credit cards, auto leases, mortgage and loan from bank (not revolving).

Creditor then moves to state B. During this time creditor stops paying on some debts(Date of last activity) due to financial hardship and gets behind on others.

Creditor then moves to state C to improve situation, catches up on current debts he is behind on. Then Creditor is seriously injured and unable to work at all and then defaults on most if not all debts.

Which states laws regarding SOL apply?


Thanks Tom you have provided some good advice and a lot of good information that can help others deal with bogus debt collection as well as debts truly owed by the alleged creditor. Also people should note his disclaimer that he is not an attorney and that individuals need to research the laws in their own states and if necessary hire an attorney to represent them. Number one, protect yourself by knowing the laws and/or hiring and attorney.

anonymous

I understand the concept of Statute of Limitations and I know what they are in my state. What I have been unable to find out is if the SOL is based on the following:

1) The laws of the current state of residence regardless of the state of residence at the time of the contract or at the time of last activity.

2) The laws of the state of residence at the time of contract

3) The laws of the state of residence at the time of last activity

4) Is there a difference in which state laws apply based on the type of debt

For example: Creditor resides in state A. Most if not all debts were originated while residing in this state. These debts contain credit cards, auto leases, mortgage and loan from bank (not revolving).

Creditor then moves to state B. During this time creditor stops paying on some debts(Date of last activity) due to financial hardship and gets behind on others.

Creditor then moves to state C to improve situation, catches up on current debts he is behind on. Then Creditor is seriously injured and unable to work at all and then defaults on most if not all debts.

Which states laws regarding SOL apply?


Thanks Tom you have provided some good advice and a lot of good information that can help others deal with bogus debt collection as well as debts truly owed by the alleged creditor. Also people should note his disclaimer that he is not an attorney and that individuals need to research the laws in their own states and if necessary hire an attorney to represent them. Number one, protect yourself by knowing the laws and/or hiring and attorney.

anonymous

For anyone dealing with a credit issue they should get a copy of their credit report from Equifax,Experian and TransUnion.

You are entitled to one free copy per year.They are available online at annualcreditreport.com.
This is the free,gov't ordered website.

There are other similar sounding websites like freecreditreport.com that make you sign up for their service.They chose a similar name to try to confuse people so be careful.

You can also order a free copy by mail or by phone.Check the websites of Equifax,Experian and Transunion for info.

Equifax,Experian and TransUnion also have subscription services available for about $10.00 per month for anyone who needs online access to their reports on a continuous basis.Since all 3 usually have the same info it's usually best to sign up for just one unless you see major differences.Find the best deal that gives you the ability to continuously update.Some services limit how often you can update your report.

You have the right to dispute any incorrect information you see in your report.Just send a written dispute to them directly.Use certified mail.

The statute of limitations specifies how long a plaintiff has to file a lawsuit or lose their right to do so.Each state has different statutes of limitations for different things so you'll have to do some research to find yours.

The start time for the statute of limitations on a credit card case is the date that the plaintiff claims that you made your last payment.This should be called the "date of last activity" or DLA.This should be included in your credit report for every account.If it isn't,you can write to the credit bureaus and ask them to include it.

If a plaintiff tries to collect a debt after the Statute of Limitations has run out you can ask them to quit for that reason.You can also use it in response to a lawsuit.

A delinquent account can only be reported by the credut bureaus for 7 years and then it must be deleted.If it's not,write and requested that it be deleted.

Often collection agencies deliberately change the date of last activity to "reage" the account.This is illegal.They do it to avoid the Statute of Limitations defense and to keep it on your credit report longer.

They have lots of dirty tricks so be careful and don't let them get away with it.

I am not an attorney. Only you can determine whether you need one or not.Usually it's best if you can get one.But you have the right to represent yourself.It's called "Pro Se".

Most of the time people like First Resolution do not provide enough information in their petition to survive a challenge.

Whatever you do, do not ignore this. They count on people not responding to win most of their suits.

If you do not respond they will request and they will be granted a "Default Judgement".Show up to every court date on time.If you can't make an upcomming court date for a good reason you need to file a motion for a continuance and give the reasons.

If they do not show up in court you can request that the case be dismissed by saying "I motion for this case to be dismissed due to the plaintiff not appearing".You can even cite the specific rule covering failure of plaintiff to appear.(See State Rules of Civil Procedure.)

Before bringing suit a plaintiff is required to send you a proper written "Final Demand".This is where they give you a reasonable description of their "Complaint" and give you a fair chance to respond.As you have never heard of them before they have obviously skipped this step.

Next if they do file a lawsuit they have to include certain key things,such as:

1)A "Cause of action".This is a description of specifically why they filed a lawsuit.What you did wrong or did not do that you were supposed to do.They can't just make some vague reference to some alleged account.

2)A "Complaint" that includes a "Claim on which relief can be granted".This is a claim that provides an explanation with enough detail to convince a judge that the defendant(you)really does owe the plaintiff(First Resolution)the amount of money they are asking for.It should include the reason you owe the money and the date on which the obligation arose.It should specify specific "Breaches" by you.Breaches are things you should have done but did not do.It should also specify any "Consideration".Consideration is what the plaintiff did to earn the money or the right to expect to be paid.It should also contain a detailed explanation of exactly how they calculated the amount they are requesting.

3)A copy of any written documents specified in the complaint.Especially if they claim a written contract.

One of the best sources of information is the law library at the courthouse.They should have copies of all standard forms.There are three critical books to read.
1)Oklahoma Rules of Civil Procedure.
2)Oklahoma Codes,Laws and Statutes.
3)Black's Law Dictionary.
Copy any relevant pages for future reference.
Rules of civil procedure covers all of the rules and procedures relevant to your local court.

You can also visit the "Clerk of the Court" to get copies of forms and ask about procedures.

If the plaintiff does not include all critical elements in their lawsuit you can ask for it to be dismissed.A request to dismiss is done through a "Motion to Dismiss".Your motion to dismiss can include a denial of the plaintiff's claim.

To file a Motion you can use the court form or you can type it up on a standard sheet of paper.

Example:

___________________________
Motion to Dismiss

DATE

CASE NUMBER

COURT NAME AND ADDRESS

PLAINTIFF NAME AND ADDRESS
V
DEFENDANT NAME AND ADDRESS


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


1)I have never had any type of account with First Resolution Investment Corp.
2)I deny owing any money to First Resolution Investment Corp.
3)I deny plaintiff's claim and all of their allegations.
4)The plaintiff has not stated a cause of action.
5)The plaintiff has not stated a claim on which relief can be granted.
6)The plaintiff has never sent a proper final demand letter.
7)The plaintiff has not included a proper complaint.
8)The plaintiff has not specified any breach by the defendant.
9)The plaintiff has failed to attach a copy of any written agreement or contract.
10)The plaintiff has failed to specify any consideration.
11)All of the plaintiff's pleadings,in their totality,are insufficient and unfairly vague.


Therefore,for all of the above reasons, I request that this case be dismissed with prejudice.


Sincerely,DEFENDANT'S NAME
Pro Se

DEFENDANT'S SIGNATURE


Copy sent to:First Resolution Investment Corp.
Care of:Love,Beal & Nixon
Address and Fax number.

Copies sent by certified mail and by fax on:DATE


_________________________

Then you take your motion to the courthouse.The address should be on the paperwork you already have. You give the motion to the "clerk of the court" who will officially time stamp and certify your paper and give you a copy. Then you send a copy to Love, Beal and Nixon by certified mail return receipt requested and by fax. You can fax at any copy place. You can track certified mail online at usps.com using the tracking number.

If you can't get to the courthouse call the clerk and ask if you can send your response to them by certified mail.

Most written motions follow the same format and are filed in the same way.

A Motion is an official request for the court to take some action.

Papers filed with the court are usually called "Pleadings".

The plaintiff is the person who has filed a complaint.

The defendant is the one defending themselves.

Dismissed with prejudice means that the plaintiff cannot refile the case ever again.

Dismissed without prejudice means that they can refile it again if they want to.

A Nonsuit is a type of dismissal.

Any papers filed with the court need to be filed on time and a copy of of those papers needs to be sent to the plaintiff's lawyers by fax and by certified mail with a return receipt requested.All papers filed with the court must be signed.

It is important to review your state's rules of civil procedure and codes,laws and statutes to make sure you get all of the details as right as you can.

I am not a lawyer. This is not an attempt to give legal advice to anyone,for any purpose or to address any specific matter.It is always best to consult an attorney licensed to do business in your state whenever you are involved in a serious legal matter,including a lawsuit.It is important to know the laws and rules in your state and apply them to your specific circumstances.

Good Luck.