Love, Beal & Nixon, Attorneys, Summons & Petition for Judgment Filed on behalf of Collection Agencies Oklahoma City Oklahoma
I am writing about debt collection and suits for judgment by Love, Beal & Nixon (LBN) on behalf of some bottom feeding junk debt buyers. I understand that LBN and the collectors are some of the worst.
Quick background: We were doing okay until husband got sick and lost his business in Texas. We retired and moved to Oklahoma to take care of elderly in-laws. Our income has been reduced accordingly and we have had resultant financial problems. I don't deny some of the debts but I do not agree with the inflated amounts and don't agree that I owe the bottom feeding junk debt buyers.
We have received summons by LBN on behalf of the collectors. I filed answers in court to the Petition relating to one and just received a new summons. In the petition we were instructed to request validation and file an answer within 35 days. I requested validation and received nothing but a letter from LBN with the OC's name and address. I filed answers and affirmative defenses. Now we are waiting on a hearing date I assume.
I understand the next step is discovery which I am working on. I have done a lot of research but don't quite understand the process even after researching the OK court rules and procedures. I have a few questions to start.
1. Do I go ahead and send my discovery pleadings to LBN and file a copy with the court or do I wait to request a discovery motion at a hearing? I cannot find a concrete method here. The OK ROP just states parties may file discovery without leave of court - I assume that means go ahead?
2. In their petition, they say the debts were "assigned" to them from the OC - does this mean they have more rights than if it were purchased?
3. Also, if anyone else has dealt with LBN in court on a pro-se basis, can you give me a few pointers?
Thanks so much for any suggestions!
Kayejo
Somewhere, Oklahoma
U.S.A.
4 Updates & Rebuttals
Kayejo
KREBS,Oklahoma,
U.S.A.
Love, Beal & Nixon
#5Author of original report
Mon, March 10, 2008
Thank you for your responses. Unfortunately we do not have any money to hire an attorney in this case. I will have to pursue it myself and hope for the best. I have been to Bud Hibbs site as well as spending hours searching for help. Rip-Off Report has the best sources of information about companies that I have found. Hibbs site has older information as far as I could tell. I emailed their site about a month ago and never heard a word.
I will just have to tackle this mess myself. I hope if anyone else dealing with LBN will answer and maybe we can share frustrations and pointers. Thanks again!
Ohboy
Providence,Rhode Island,
U.S.A.
I was in the same situation as you....
#5Consumer Comment
Sun, March 09, 2008
I currently just went through what you went through, though it didnt make it to court because I was able to come up with the money. My story was, I was in debt about 25k from credit cards and medical bills. I settled everything down to maybe 16k, and I luckily had an extra car to sell to get the money.
The collection agency was also threatening me with court reprocussions if I didnt come up with the money, and said I could be hit with defaults and judgements on my credit statement.
This collection agency also said they were assigned this account, but they are liars. Either they work directly with a credit card company and buy the accounts right off of them, or they buy them on the open market, kind of like a wall street stock option type of a deal. They usually buy accounts in bundles, and get them for a fraction of the cost. Very rarely, but sometimes, if they know a person is just holding out on them and they really can pay but arent, they will work with a collection agency/law office to try to collect as much as they can.
It sounds terrible the situation you have been put in, things can take a turn for the worse very quickly, trust me I know. I didnt know what to do for the longest time, but I happened to get the car through somebody leaving it to me in their will.
I hope everything works out for you and your family. Maybe the best option for you would be to file chapter 7 bankruptcy, in which you would keep your property and vehicles, but you would eventually have to pay back what you owe. If you file chapter 12 bankruptcy, you wont have to pay back what you owe, but you could be liable to lose any property, cars, boats, etc that you may own, or that you may inherit in the future.
PS: Dont ever let the collection agency know if you gamble, thats reason enough to never drop your case, because there may be future winnings.
Anyway, I hope others can anwser all your questions, but if not, maybe you should call a local attorney and just ask him, they may help you.
John
Louisville,Kentucky,
U.S.A.
Advise...
#5Consumer Comment
Sun, March 09, 2008
NEVER, EVER be a "no show" in court...the other side will get a default judgment against you....that's exactly what they want.
Do a Google search for "Bud Hibbs," he is a consumer advocate with info about this firm....Here's some info from his website:
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I am in litigation with Love, Beal & Nixon. I have read and studied for months preparing defenses etc. Two things I must pass on. LBN files 100 plus lawsuits a month in most Oklahoma counties. They are not bluffing when they tell you that they will take it to court (even for smaller amounts) and they do it very very quickly. If you do not answer the summons, they will file for judgment within days of the required 35 day answer period so default judgment is immediate. I have also seen a summary judgment based on a defendant NOT answering the admissions and interrogatories. Again, they filed for summary judgment within days of the time allowed to answer. They were granted judgment because no answer is considered an admission of the debt by the defendant. LBN wants you to ignore them.DON'T make that mistake or they will have their filthy hands in you pocket for a very long time.
Faron
Houston,Texas,
U.S.A.
I think your best bet is to not handle this yourself
#5Consumer Comment
Sun, March 09, 2008
You should let a seasoned attorney who is aware of these scumbags and knows the procedures in Oklahoma. I would start with budhibbs.com. He is from Texas and would probably recommend an Oklahoma attorney if you email him on the site. You can also go to the Agencies to Watch tab on his website and find out more information on Love, Beal and Nixon.