Complaint Review: Love Beal & Nixon / William L Nixon / J Michael Morrison / Shanda McKenney

In your reply said you will use ripoffreport.com and any links that are on it. This will give you alot of info to use with out you fileing alot of papers. Then the lawyer can not object to any info you use as long as you can show it came from here.

Jim,

Yes, you do have to wait until you are served to file your response. Just watch the database to be sure there is not a court date set that you could miss. They prey on defaults. That is their game.

Just keep an eye on them for now. Relax.

Just out of curiousity, I contacted a local attorney (found on NACA website) and they told me to wait to do anything until I've been served. That sounds rather ridiculous to me. They told me to watch the state database to see when and how LBN served me (mail, publication,etc.). I want to nip this in the bud. I'm no genius, but I'm certainly not stupid...and I want to try to handle this myself.

Also, I looked for local ethics laws/opinions...and could not find anything about the law firm contacting me after they have filed suit. Why is this unethical, and how would I word the complaint? Would I send it to the state bar association?

Are there legal forms I need to send to LBN? If not, in what format should my questions be asked? I really don't want to screw up.

Thanks!
Jim

Judy,

If your freind acknowledged the debt, he/she is not done by a longshot. Just saying you don't have the money right now, doesn't stop anything.

Keep in mind that we are not talking about creditors here. We are talking about junk debt buyers and lawyers who represent junk debt buyers. These are the worst kind of debt collectors.

After they sue, and you let them win, they can get a judgement and then garnish wages, sieze property, etc.

You cannot get in trouble for denying responsibility when someone sues you. The burden of proof is always on them to prove you owe the debt to THEM. The original crditor is irrelevant and totally out of the picture.

You are never required to incriminate yourself. Thats why you never fill out those "interrogatories" these lowlife lawyers send you.

It is all in how you answer. And never let them intimidate you. And, NEVER speak to them on the phone.

Hi,

I don't mean to sound too dumb, but if you so an answer to their complaint, if you deny everything, can't you get in trouble from the Judge by saying that once you go to Court?

I ask this because my friend is filing an answer, and he did previously speak to the atty filing the case

he just told him he didn't have the money right now

is he done ?

thanks

Jim:
If your in the states data base, you need to contact the clerk of courts, to see if you have a court date, don't wait too long on this, cause you only have a certain amount of time to get your responds out.

These bottom feeders, will have a summons served
on an old address, or make false statements that you were served and get a judgement against you.
stay off the phone with these people, do everything in writting and keep records.
if you have a court date: do your responds to both the court and these moron's.

Steve, from Florida and I think Tom from texas are your best people to get advise from, read alot of the posting in here, a lot of people have dealt with these so called attorney's and get advise on how and what to file it appears that most of the people that went up against these guy won.

Find out the statute of limitations for you state, admit nothing, make them prove everything

Good luck and let everyone know the outcome
the more prople help eachother, the less they can get away with

Jim,

The reason you have not been served yet, or at all is that the trick they usually pull is "sewer service". This is where they serve an old address of yours so you won't respond, and they get the quick default judgement.

If they do have a suit filed, there is no reason for them to be calling you. That is actually an ethics violation and you should immediately file a complaint against them with the Bar Association. Do this right away.

If you come on strong, they will give up. They are punks just like the schoolyard bully. You hit them hard one time between the eyes and they go away.

If you do actually get served, respond immediately and deny the debt. Do not reference any original creditor not named specifically in the lawsuit. Chances are that they bought the debt and the original creditor is out of the picture and irrelevant. They also represent primarily junk debt buyers. This is what makes them easy to beat.

Respond only by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records.

Immediately, before getting served send a DEBT VALIDATION request. Demand to see whatever you signed to create the debt as well as a complete account history and itemization of charges. Also demand proof that they have the legal right to collect the debt, as well as a copy of the purchase contract and proof of payment including amount paid if they bought the debt. Do this right away, before getting served, otherwise you will have to file a Motion of Discovery to get the same information.

Make them prove everything. Every little detail. They are lazy and stupid. They will give up and go on to easier prey.

I ran across your case here, and was very glad I wasn't in this alone. I have posted my own case about this very firm this past weekend. If you get a chance, please read and let me know what you think.

I'm a bit confused as to the exact timing of the steps I should take. You were served papers, right? I have not yet been served a summons, though my case is in the state database. I could really use your or anybody else's help in fighting this. Because I am tired of the phone calls, don't believe I owe THEM any money, and I don't want a summary or default judgement. Please respond. Thanks to all!