Complaint Review: LoveBealNiixon

I recieved a letter from LBN in the response to the discovery letter I sent them.They sent the name of the Plaintiff First Resolution.The principle balance 3,146.58. The account balance is 6,666.94 which is more than whats on my credit report. the name of the originial creditor and their address.

I asked for a signed contract or signed agreement, date of last activity, statue of limitations has not expired, account statements from the original creditor, something that first resolution has the right to collect payment history starting with the original creditor. detailed statement of what they say I owed. Name and contact of a person for First resolution. I didnt get any of this paper work.

Do I need to send them another letter requesting these documents again or can I do a motion to dismiss based on the fact that they didnt send me what i asked for. Would like some advice. Thanks

I recieved a letter from LBN in the response to the discovery letter I sent them.They sent the name of the Plaintiff First Resolution.The principle balance 3,146.58. The account balance is 6,666.94 which is more than whats on my credit report. the name of the originial creditor and their address.

I asked for a signed contract or signed agreement, date of last activity, statue of limitations has not expired, account statements from the original creditor, something that first resolution has the right to collect payment history starting with the original creditor. detailed statement of what they say I owed. Name and contact of a person for First resolution. I didnt get any of this paper work.

Do I need to send them another letter requesting these documents again or can I do a motion to dismiss based on the fact that they didnt send me what i asked for. Would like some advice. Thanks

This is the Oklahoma web site with forms and other helpful info.

www.oscn.net

you can search case law on this site. You may be able to find a case similar to yours. If so, then you can find what is precedent.

This is the Oklahoma web site with forms and other helpful info.

www.oscn.net

you can search case law on this site. You may be able to find a case similar to yours. If so, then you can find what is precedent.

This is the Oklahoma web site with forms and other helpful info.

www.oscn.net

you can search case law on this site. You may be able to find a case similar to yours. If so, then you can find what is precedent.

This is the Oklahoma web site with forms and other helpful info.

www.oscn.net

you can search case law on this site. You may be able to find a case similar to yours. If so, then you can find what is precedent.

The letters came certified mail return reciept requested. I am doing the motion for discovery now. Iam going to use the same format as to the one I got. I am going to send it off tuesday certified mail return reciept requested.

After I fill out their paper work, Do I file one with the court or do i just send them to Love, Beal, Nixon. Thanks for your help.

Tracie,

You said you recieved interrogatories, etc from Love, Beal, and Nixon. You did not state how they sent them to you. If they were sent regular mail, disregard them, as you can say you never got them.

If they came by certified mail, return reciept requested or were served to you then you should respond but when you fill them out be vague, and give no real information. If you stick to denying the debt, answer accordingly. Do not reference the original creditor or the prior account anywhere.

THink about it, if you never did business with the PLAINTIFF, how would you have account info to provide? You wouldn't, right?

Don't give them anything they can use against you. It is their job to prove everything, and your job to prove nothing.

Stick with that, and you should win.

Do your motion of Discovery right away. Then when you get it, and there is no documentation to support their claim, file the motion to dismiss.

LB&N does not persue these cases if you fight back. I have beaten them twice.

Tracie, I haven't been able to tell by your posts if you tried to get an attorney through the Bar Association or not. If you haven't, you really need to find out if they can help.

The advice these gentlemen are giving you is terrific, as far as I am no more of a lawyer than you are, and their information is as enlightening as it can be, on a consumer website.

But what concerns me is that you may be choosing to seek help from people who have no obligation to help you, are giving you their best advice, but you are facing SERIOUS court documents and procedures.

If you get advice about your last posted issues, and things don't work out well for you, you may decide that these HELPFUL PEOPLE, who owe you, or ME, nothing, have wronged you. That would be so unfair, and if it discourages Tim and Steve from further helping ALL OF US with their knowledge - I couldn't blame them, but wow, I sure would miss them both!

In my own position, if I need an attorney, it seems extremely bleak as to be able to get one. But have you tried? If you don't do your best to help yourself, especially in ways that were told to you, from the beginning, it would be so wrong to feel that those who gave you their best advice have done you wrong. If it causes Steve and Tim to give up posting, altogether, that would be so unfair to all of us who come here hoping to learn how to be responsible, intelligent consumers.

Life has shown me, very personally, that when you go out of your way to help someone, they first are so grateful that you did. Then - when the full measure of what they now owe me settles in, they begin to resent me FOR HAVING HELPED THEM. And God Help Us All if my advice, while the best I could give, didn't work, OR WASNT TAKEN as it was given. Yep, I'm sure to blame then, too.

Sometimes it's been money, sometimes I don't even KNOW what it is that has caused them to turn on me. As for money issues, I never have pressured ANYONE, ever, to pay me back. This is because I don't loan money unless I have no expectation of getting it back. Sad expectation met. But knowing they owed me weighs on them, and in turn, I become the bad guy. Again, in the money issues, I also become the screwed guy.

This STILL doesn't stop me from helping people. It's a sickness, I swear. No more money, no, that won't happen. But something about BEING HELPED - it can be just as bad as not being helped, ultimately.

Had I not helped, the friend would've been mad at me, and maybe our friendship would've been lost. I DID help, and the friendship was lost, anyway. And this is far from one or two people.

If you haven't sought help from the Bar Association, as was suggested, DO IT MONDAY. FIRST THING.

It's unfair to rely on good hearted people, on a website, to provide you with information that they either paid to acquire, as in attaining a law degree, or paid to learn through hard experience, and then disregard the very first thing you are told. What you have been given, freely, here, would cost a lot of money to obtain in an office, or over the phone.

When you disregard the first, vital piece of advice, to TRY and seek out an attorney who can work with your financial situation, it's a hallmark of these gentlemens kindness that they have continued to try to impart law when they have no obligation to do so.

If you have sought legal aid, and been unable to attain any, I am sorry if I've offended you. But you haven't said anything that makes it sound like you did try.

People come to Ripoff Reports, wanting the site to DO something for them, while they take no responsibility themselves for working to fix the injustice. The site, and it's readers/posters, does not exist for that purpose. It is a forum for spreading consumer experiences with businesses.

When people give FREE advice, and it is disregarded, it is bound to be discouraging, and those who come after that time, will suffer if the people with the good advice just get sick of being ignored, and stay away.

Thanks, guys, for all the great information. And I DO wish you the very best of luck, Tracie, and I am very sorry this is all happening during this oh, so festive season.

I recieved some paper work to fill out. Its the plaintiffs request for interrogatories, admission and production of documents. Do I need to fill them out. How would you word the answer's. They still havent returned my request for documents. The 30 days will be up dec 14. Please see my last posting to.

The courthouse doesnt have a Pro se appearance form.I looked online to see if i could find one but I didnt know which one to pick.I guess Ill write one myself.

As for the amendment of the answer how does this sound.

1 ) paragrah 1) Paragraph 1 appears to be a notice of the defendents rights under the fair debt collection practice act and defendent has sent by ceritifed mail a request for validation of the debt alleged in plaintiff's Petition.

@) Paragraph 2 I admit to paragraph 2 on the court has jurisdiction over the parties and the subject matter. Venue is proper.
Also stated in paragraph 2 is the pliatiff is duly and legally organized bussiness entity.I dont realy know what i shoukd say on that part.

3) Paragraph 3 of the pliantiffs Petition is denied and defendant leaves the pliantiff to provide strict proof thereof.

4) Paragraph 4 of the pliantiff Petition is denied and defendent leave the pliantiff tp provide strict proof thereof.

I deny owing any debt to first resolution and/or to any of the claimed predecessors in interest of the alleged deny.

I will call the courthose and see if i can file an amended answer or need permission.

If you're planning on taking this on yourself, you probably should file a pro se appearance. You can call the court's clerk and see if they have an appearance form for you to use. If they don't, something as simple as a letter to the clerk stating that you will be representing yourself MIGHT be sufficient.

Other options would be to search online for an appearance form or to simply make your own. Just be sure to include the cause (or case) number, the name of the case (i.e. smith v. jones), the name and division of the court, and a statement that you are filing a pro se appearance.

Your answer should be amended to state a general denial of all of the allegations in the complaint. Technically, you should admit to allegations that you don't dispute, such as the ones about jurisdiction and venue and where you live.

When an attorney files an answer, they go paragraph by paragraph in the complaint and answer each one individually. You see, on the complaint, how it is broken down into numbered paragrpahs? Each of those paragrpahs is an allegation. A lawyer would go through and answer eah paragrph with either "admit", "deny", or "defendant lacks sufficient knowledge as to the truth or falsity of this allegation."

Those allegations that don't involve the substance of the complaint are usually admitted, unless the defendant is challenging the jurisdiction of the court or some other procedural aspect.

Those allegations that actually accuse you of something, or set up such an accusation, are usually denied or given the "lacks information" response.

But you are required to be truthful, and a false statement in the answer is a false statement to the court. So if you don't have a good faith basis to deny something, then it should be admitted.

After answering each of the allegations, you must then set forth any defenses you have, such as the statute of limitations or a lack of notice.

As I stated before, you REALLY need a lawyer. But if you choose not to get one, I can help guide you in the right direction. But my help is NOT a substitute for hiring a locally licensed attorney. There is NO attorney-client privilege between us, and I am not competent to practice law in Oklahoma.

Could anyone tell me what a annual dispostion docket is?The date is 12/11/2006. My sister got sued in 2003 by capital one lawyer was love,beal,nixon.She lost the case.She looked up her case on the county web site.

Could anyone tell me what a annual dispostion docket is?The date is 12/11/2006. My sister got sued in 2003 by capital one lawyer was love,beal,nixon.She lost the case.She looked up her case on the county web site.

Could anyone tell me what a annual dispostion docket is?The date is 12/11/2006. My sister got sued in 2003 by capital one lawyer was love,beal,nixon.She lost the case.She looked up her case on the county web site.

Could anyone tell me what a annual dispostion docket is?The date is 12/11/2006. My sister got sued in 2003 by capital one lawyer was love,beal,nixon.She lost the case.She looked up her case on the county web site.

I still havent received the validate the debt letter from Love,Beal,Nixon but I did get a scheduling oder from the court.

It says Counsel have not discussed with the court their respective need for adequate discovery time, complexity of legal issues to be addressed, and their caseload in arriving at this scheduling order.

I have until 12/22/2006 to file an amendment to the pleadings.Discovery and all motions must be completed by pretrial conference which is June 21,2007.

Then there are some instructions on another sheet of paper.

A.Before Pre-trail conference a a list of all exhibits which the party expects to offer at trail.and a list of witness.

B.The pre-trail conference shall be attended by the attorney who will conduct the trail or be co-consel has to have full knowledge of the case and authority to enter into binding stipulates.

C. Failure to appear at pre-trail or to compley with the directions set.an ex parte hearing may be held and a judgement of dismissal or default will be entered.In addition the partys attorney who fails to compley with the order shall be subject to sactions by the court.

D. The parties will be parpared to advise the court if a jury trail will be required or waived.

One letter was sent to me and one was sent to the plaintiffs lawyer. Should I file a entry of apperance to the court?

Ok, it sounds like you've protected your rights a lot better than it seemed before. So breathe a bit easier.

As for what will happen next, it's hard to say. If you've protected yourself well enough in your answer, then they will likely have to take you to a trial to establish your liability. They may or may not want to do this, depending on how much they think they can get out of you and if its worth the cost of a trial to them.

Or they may file various motions and try to win the case without ever having to go to a trial.

Now, if you sent them a letter demanding that they validate the debt, and they fail to respond, the next logical step for you would be to use the discovery process to ferret your way out of this. But that's far too complicated an endeavor for a non-lawyer to undertake.

Either way, the only sure way for you to protect yourself is to find a lawyer. Don't say that you can't afford one until you've actually put some effort into finding one that will work with your economic situation.

I did the validation request not the letter of verificaton. This is confusing. I kept reading everyone elses post to see what i needed to do. I cant afford a lawyer. My husband is on Social security Disablity. I am not able to work because i need to take of him.

In the answer I wrote- I disputed the debt. I never had an account with the plaintiff or signed a contract. First resolution never attempted collections prior to the lawsuit. I did put a clause that I reserve the right to amend and\or add additional answers,and \or counterclaims.

In the valdation request I wrote that I disputed the debt. I never had an account with First resolution investment. I never signed a contract. Please send me the original creditor name and address,provide me with copies of any papers that show i agreed to pay to you what you say i owe,what the money you say i owe is for.
Now I am just waiting for an answer back. What do you think will happen next?

If you sent a "validation request," as Steve stated, then you did the right thing. If you validated the debt, then you did the very wrong thing. However, if you took a "validation of debt" form and used it to dispute the debt, then you should be o.k. in that regard.

Per the answer that you filed, you will need to know whether you can file an "amended" answer as of right, or if you will need the court's permission to do so. If you can do it as of right, then you can simply file an amended answer, titled "defednant's amended answer," and in it you must state that you deny owing any debt to LBN and/or to any of the claimed predecessors in interest of the alleged debt.

If you need the court's permission to file an amended complaint, then you'll have to file a motion for leave to file an amended complaint. These are usually granted routinely, so long as you're still early in the game. Once you have the order granting your request, you can file your amended answer.

Sound complicated? It is. This is why you really need some competent legal help. If you were in Indiana, I could give that to you. But I am not licensed to practice law in Oklahoma, so you really shouldn't take ANYTHING I say as competent legal advice.

Usually, your local bar association is a nice "one-stop-shop" for referrals to lawyers that you can afford.

If you sent a "validation request," as Steve stated, then you did the right thing. If you validated the debt, then you did the very wrong thing. However, if you took a "validation of debt" form and used it to dispute the debt, then you should be o.k. in that regard.

Per the answer that you filed, you will need to know whether you can file an "amended" answer as of right, or if you will need the court's permission to do so. If you can do it as of right, then you can simply file an amended answer, titled "defednant's amended answer," and in it you must state that you deny owing any debt to LBN and/or to any of the claimed predecessors in interest of the alleged debt.

If you need the court's permission to file an amended complaint, then you'll have to file a motion for leave to file an amended complaint. These are usually granted routinely, so long as you're still early in the game. Once you have the order granting your request, you can file your amended answer.

Sound complicated? It is. This is why you really need some competent legal help. If you were in Indiana, I could give that to you. But I am not licensed to practice law in Oklahoma, so you really shouldn't take ANYTHING I say as competent legal advice.

Usually, your local bar association is a nice "one-stop-shop" for referrals to lawyers that you can afford.

If you sent a "validation request," as Steve stated, then you did the right thing. If you validated the debt, then you did the very wrong thing. However, if you took a "validation of debt" form and used it to dispute the debt, then you should be o.k. in that regard.

Per the answer that you filed, you will need to know whether you can file an "amended" answer as of right, or if you will need the court's permission to do so. If you can do it as of right, then you can simply file an amended answer, titled "defednant's amended answer," and in it you must state that you deny owing any debt to LBN and/or to any of the claimed predecessors in interest of the alleged debt.

If you need the court's permission to file an amended complaint, then you'll have to file a motion for leave to file an amended complaint. These are usually granted routinely, so long as you're still early in the game. Once you have the order granting your request, you can file your amended answer.

Sound complicated? It is. This is why you really need some competent legal help. If you were in Indiana, I could give that to you. But I am not licensed to practice law in Oklahoma, so you really shouldn't take ANYTHING I say as competent legal advice.

Usually, your local bar association is a nice "one-stop-shop" for referrals to lawyers that you can afford.

If you sent a "validation request," as Steve stated, then you did the right thing. If you validated the debt, then you did the very wrong thing. However, if you took a "validation of debt" form and used it to dispute the debt, then you should be o.k. in that regard.

Per the answer that you filed, you will need to know whether you can file an "amended" answer as of right, or if you will need the court's permission to do so. If you can do it as of right, then you can simply file an amended answer, titled "defednant's amended answer," and in it you must state that you deny owing any debt to LBN and/or to any of the claimed predecessors in interest of the alleged debt.

If you need the court's permission to file an amended complaint, then you'll have to file a motion for leave to file an amended complaint. These are usually granted routinely, so long as you're still early in the game. Once you have the order granting your request, you can file your amended answer.

Sound complicated? It is. This is why you really need some competent legal help. If you were in Indiana, I could give that to you. But I am not licensed to practice law in Oklahoma, so you really shouldn't take ANYTHING I say as competent legal advice.

Usually, your local bar association is a nice "one-stop-shop" for referrals to lawyers that you can afford.

Tracie,

There is a night and day difference between sending a letter of validation and sending a validation request.

Please post here the EXACT wording of your letter to them. Then I can tell you if you need a lawyer or not.

Most likely at this point you do need a lawyer.

What should i have put?I disputed the debt.

Exactly, Steve.

Here's what you did so far:

In your answer, you told the court and the collector that you disputed the debt, but you disputed it as to the collector and failed to dispute the underlying debt which they are collecting. It doesn't matter that you never had an agreement with the people trying to get the money out of you, they purchased a debt that belonged to someone else, which is a perfectly legitimate thing to do.

Then you sent a letter to the collector that you are "validating" or "verifying" the debt. "Validating" the debt means that you are affirming it's legitimacy.

They will probably now file a motion to have a judgment entered in their favor based on your failure to dispute the underlying debt and your validation of the debt. At this point, you may have done too much damage to your case to get anywhere without a lawyer. With a lawyer, however, you may be able to get somewhere.

In other words, you now need a lawyer (you actually needed one from the moment you received the complaint, but now you REALLY need one).

Best of luck!

Tracie,

You said that you wrote a response and "validated the debt". If this is what you wrote, just get your checkbook out now. You lost.

Wording is everything and there is absolutely no room for error on a legal document. That is why we have lawyers.

It was the actual summons. It says I am being sued and ask for an answer. There was no date of a hearing. I put that I dispute the debt with First resolution investment corp. I never had an account with the plaintiff. I never signed a contract or had a oral agreement. They never attempted collections prior to the lawsuit. I didnt get a verification of debt form. I sent them a letter that I was validiting the debt.

What happens next depends on what's happened so far.

What exactly did you receive on the 27th? Was it an actual "summons," which is a document that advises you of an upcoming hearing, or was it a complaint and notice, which advises you that you are being sued and asks for an "answer," but doesn't give a date for a hearing?

And what did you state in your answer? If it was anything other than a general denial, then you may have just screwed yourself.

And what is the "verification of debt form"? I'm guessing it's something that you probably shouldn't have filled out without consulting an attorney. Which, by the way, is what they're banking on: that you are unaware of your rights and won't bother to hire an attorney.

If you can answer the above questions, I'll try to give you an idea of your legal standing.

I answered the court's summon and sent the verification letter of the debt to the blood suckers cerified mail with return recepit. Now I guess I have to wait and see what happens next.Does it usally take a long time to get a letter back? Then whats next.

I went online and printed off my credit reports from all 3 credit agency's. All 3 reports say the providian has been charged off. On the transunion it say that the providian card was closed 01/2003 and nothing else .The experian says account history charge off as of jul 2003-Jan 2003. 180 day as of 2003. The equifax date opened 07/1999 date reported 07/2004.It doesnt show anything for the last payment or date of last activity. Iam confused about all of it. which one would I use for the SOL?

Tracie,

You have to be very aggressive with Love, Beal and Nixon. If you stand up to them firmly, they will usually go away unless they know they have a rock solid case.

There is much information posted on this site on them and the same situation you are in and how to deal with it. Print some of them out and keep them for reference.

In your response to the court and LBN, you want to clearly state that you dispute the debt to THEM. [DO NOT reference any other debt that you may owe, as that is not the issue here]. Clearly state that you have never entered into any agreement with the plaintiff and that the lawsuit is frivolous based on the fact that they never attempted collections prior to filing the lawsuit.

See the threads here on DEBT BUYERS and how to beat them through validation and proving chain of title. This is how you beat them.

The original creditor is TOTALLY out of the picture here and is irrelevant. That debt stopped being a debt when the original creditor charged it off, sold it, and took the tax deduction for it. At this point it became an investment.

So what LBN is REALLY doing here, is using the court system to GUARANTEE return on investment!

FYI, they buy this type of old debt for less than a penhy on the dollar and depending on how old it is, it may not be legally collectable anyway. The SOL in OK is 5 years from date of charge off on credit cards.

Good luck.