Love, Beal & Nixon lawsuit Ripoff Oklahoma City OKlahoma
I, too, was recently sued by LBN and I filed my answer using the info on Tom's answer to Gerri on July 25, 2006. I received the following:
RESPONSE TO MOTION AND BRIEF IN SUPPORT
Plaintiff, Asset Acceptance, hereby responds to the Motion to Dismiss by Defendant, ME, as follows,
The majority of Defendants' 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. 12 O.S. 2012(B)(6). In bringing such a Motion, Defendant bears the burden of establishing that there is NO set of facts which may entitle Plaintiff to relief in this matter, which is a very high evidentiary hurdle. Defendant has failed to meet this burden and the Motion to Dismiss must therefore be denied.
Plaintiff's petition is sufficient pursuant to notice pleading standards. 12 O.S. 2008(A). The Petition clearly sets forth allegations constituting a claim for breach of contract: (1) an agreement, supported by consideration, existed between the parties; (2)Defendant breached that agreement; and (3)Plaintiff was damaged as a result of defendant's breach. See OUJI-CIV, 23.1. The details of these allegations constitute matters to be investigated through the discovery process, and Defendant is not entitled to dimissal simply because they do not appear in the Petition.
To the extent the Motion to Dismiss is responsive to the Petition(see paragraphs 1-3), Plaintiff requests that the document be treated as an "Answer" to the Petition, making the Motion to Dismiss moot as untimely and improperly filed. 12 O.S.2012(B).
Wherefore, Plaintiff, requests that Defendant's Motion to Dismiss be, in all things, denied, and that Defendant be ordered to answer the petition within twenty (20) days from the date of the Court's ruling.
I am in the process of looking these statutes up and if anyone can give me opinion's, option's, etc., I would be grateful for the input. Thanks alot!
Brent
Eufaula, Oklahoma
U.S.A.
7 Updates & Rebuttals
Brent
Eufaula,Oklahoma,
U.S.A.
Nixon was at my hearing
#8Author of original report
Tue, February 06, 2007
I guess I am just very lucky. Nixon of LBN was the opposing attorney at my motion to dismiss hearing. The judge seemed to be agreeing with me across the board and then even though he admonished Nixon for not complying with my request for debt validiation, he ended up giving him another 30 days to comply. LBN's debt validation response was a letter on LBN Then the judge suggested that I send another letter to LBN stating what I was requesting specifically. The judge said it could be "informal" but to file it with the court anyway. The judge then added to submit this document as if I would be submitting it to the Supreme Court. Not real sure how an "informal document" could be submitted to the Supreme Court? Not sure how I will accomplish that task. Judge also advised this would be a good time to settle if it was going to happen. Will post again when more occurs.
Brent
Eufaula,Oklahoma,
U.S.A.
New and Odd Update
#8Author of original report
Thu, January 25, 2007
In late December, I received a letter (uncertified) from LBN stating a hearing was set for Jan. 09, 2007 to hear my motions. I prepped for the event and in that process checked with the court clerk as to hearing room, etc. That was when I found out that there was not hearing as it had never been filed with the court. I looked and indeed there was no file stamp. I was told I could show up if I wished but I was not on the docket and would not be heard.
The day of the "hearing" I get a call from the clerks' office stating that an attorney (one from another firm even though I sent LBN a letter requesting an attorney of record)did in fact show up and was very mad about not being on the docket. He tried to convince them to add the case since I wasn't there. He had no luck and left.
Yesterday, I received a certified letter which contained a order for hearing (dated for Jan 30th, 2007)on the plaintiff's motion for summary judgement. I was puzzled as I had filed motions(4 in total) on this case denying everthing, so how could a motion for summary judgement be approved by a judge?
I checked with the clerks' office and low and behold, no motion had ever been filed and no order for hearing had been filed either. A judge (he is listed as one of the judges of this district) did sign this order unlike the previous one. It showed it was from LBN but the letter originated from the lawyers office that appeared on Jan 9th. This attorney is not listed as attorney for plaintiff. And once again, the order is not file stamped. What exactly are they doing? I am not sure how to proceed. Isn't this action at least an ethics violation or what? Can I use this somehow to my benefit? I am looking on websites and in libraries but can't find any mention of this situation. Any suggestions would be appreciated.
Steve
Bradenton,Florida,
U.S.A.
The info you requested on LBN, and SOL.
#8Consumer Suggestion
Sat, September 16, 2006
Brent,
The SOL in OK is 5 years, so you cannot use that as a defense.
Your only defense will be DEBT VALIDATION. They must produce something you signed to create the debt, as well as an itemization of charges/account history.
Then you challenge them on ownership of the account and right to collect it. This is where you beat them. You can demand proof that they actually own the debt as well as the amount they paid for it and from whom. Then you challenge the "chain of title". Everyone past the original creditor that sold it will have to prove that they legally owned it.
Furthermore, you can declare the lawsuit frivolous as to the amount. They can only sue for the actual amount they lost, plus legal fees awarded by the court. Since they are not creditors, they lost nothing. They do not lend money.
They knowingly and willingly purchased a charged off, bad debt for investment purposes. They paid maybe 1 penny on the dollar for that "debt". This "debt" stopped being a debt when the original creditor charged it off, sold it, and took the tax deduction for the loss.
They are using the courts to guarantee return on investment! Make this point to the court.
As far as preparing the legal filings, any paralegal or legal aid office can assist you. Or you could subscibe to one of those legal plans to get it done.
You can also just prepare a certified letter/rrr with your request and keep a copy for your records. Send one to the clerk of court and one to the attorney suing you. Be sure to clearly identify the court case on each letter.
Good luck.
Brent
Eufaula,Oklahoma,
U.S.A.
latest LBN update
#8Author of original report
Fri, September 15, 2006
A few weeks ago I filed a Motion to Strike and Brief in Support concerning LBN's response to my first motion. It has been more than two weeks and I haven't gotten any further legal responses. But I have received a new collection letter from them (different attorney,though). Now it states that this file was given to their firm in June of this year, as opposed to January and the amount of the debt is now a few hundred dollars higher. Could someone give me comments on what this latest "new collection" for an account I am already being sued over means to this case? It seems to me it could be a few violations of the FCRA but I would like some input from anyone on this.
Thanks for any help,
Brent
Frances
Oklahoma City,Oklahoma,
U.S.A.
I too am in a lawsuit with Love Beal and Nixon OKC
#8Consumer Comment
Tue, September 05, 2006
Love Beal and Nixon filed a lawsuit against me on behalf of Portfolio Recovery and Associates a(debt purchaser). They violated FDCPA so many times that I can proove but FDCPA penalties of only $1,000 no matter how many violations is a consumer slap in the face. I am suing them in federal court right now and I want to know if there is anyone who would like to compare notes and join a class action lawsuit. Love Beal and Nixon are idiots. FDCPA violations are a common practice for them.
I will file my blog soon and let you know where to read it. Good Luck.
Brent
Eufaula,Oklahoma,
U.S.A.
Response to Steve
#8Author of original report
Mon, August 28, 2006
Hi Steve,
The account shows being 60 days past due in May of 2003 and I was sued in July of 2006. So it appears to me to past SOL. Do you know of anyplace I can go to find a Motion for Discovery template? I used the one Tom posted for my motion to dismiss. The local court clerk office doesn't have any forms to use. How should I word the motion? Any help you can give would be greatly appreciated!
Thanks!
Steve
Bradenton,Florida,
U.S.A.
Brent...That response from LBN is total bull!
#8Consumer Suggestion
Fri, August 25, 2006
Brent,
I don't know what planet these guys are from, but when suing someone on a debt, the burden of proof is always on the plaintiff to prove they are entitled to the money. The defendant never has to prove that they don't.
I have been through this too many times, and I have defeated LBN. They dismissed based on my response, and I challenged the service of the summons as bad service.
LBN are IDIOTS. They are easy to beat. Don't give up. Immediately file a motion of Discovery. See what proof they have to validate the claim. Is it within SOL for collections? How old is it?
Let us know!