Love Beal & Nixon Love Beal & Nixon - Default Judgment Oklahoma City Oklahoma
Love Beal & Nixon served me at my parent's house (where I had not lived for 4 years). My parents did not tell me about the service and eventually Love Beal & Nixon got a default judgment. I didn't even know about it until they started garnishing my wages a short time after. I have been reading on other boards that if you ask the creditor to validate the debt and they cannot do so then you have a defense. Is anyone aware whether this applies when there is already a default judgment? Did my not showing up somehow validate that the debt was mine? The judgment was rendered in 2006. Any help would be appreciated.
Kate
Guthrie, Oklahoma
U.S.A.
1 Updates & Rebuttals
Greg
Tulsa,Oklahoma,
U.S.A.
Ask for the origional contract
#2Consumer Suggestion
Thu, July 24, 2008
I believe that in order to enforce a debt, the attorneys (Love, Beal & Nixon) have to have the origional binding contract in hand. It must have the origional ink on it and cannot be a copy of a copy of a copy as this is then not valid evidence and should hold up in court.
Regardless of whether they were "assigned" or "bought" the debt is immaterial, I believe.
The origional contract that you entered in to was not between you and these guys but between you and someone else all together.
They try to scare you to get you to cough up some money. If you start asking for the valid contract, they won't be able to produce it and you will win.
If they can't show where they purchased the contract then you will also win.
As with a lot of these other posts, do not not answer them. First, if they sent you a letter in the mail, they are simply fishing to see whether you live there and you don't really need to respond.
If you are served a summons, you definately need to respond. Deny they debt and ask them to provide "strict proof thereof".
Don't talk to them except at court and still deny the debt because as I stated you never entered in to a contract with them and they also can't prove that you did.
I hope this helps...
Greg Chapman
www.superdad.ws