Love Beal & Nixon , Love Beal & Nixon Wanting Summary Judgement on August 25th, 2008 Oklahoma City Oklahoma
Please, I need some help. I have been harassed by Love, Beal & Nixon for two years for an old credit card that I once owned for Capital One in Texas. I know live in Oklahoma. Capital One charged this card off and it has been on my credit report for 3 years now.
I received an intent to sue from Love, Beal & Nixon over a year ago. I read some reports on them from Rip Off report and I asked in a certified letter for them to prove that I owed this debt to Love Beal & Nixon. All they did was send back a copy of an old credit card receipt from Capital One.
They now have send me a court summons for August 25, 2008. Should I contact a Lawyer? Should I call Capital One and ask for proof the card was charged off and what date to see if it meets with the SOL or not?
I really need some help these people have contacted me at home which is a feat since my number is unlisted. They called my place of business, they called me and said they had a copy of my credit report which I feel is none of their business.
They first said they would sue me unless I paid them 800. now they are suing for 1200.00. Please someone I need to know what I should do.
Helpless in Oklahoma
Kat14
Sapulpa, Oklahoma
U.S.A.
3 Updates & Rebuttals
Steve
Bradenton,Florida,
U.S.A.
Respond to the summons within 35 days, or they will get a default judgement.
#4Consumer Suggestion
Fri, August 08, 2008
LBN are lowlife of the worst kind. I have been sued by them, but I beat them.
Whenever another party sues you, the entire burden of proof is on them to prove that you owe THEM the money. Read the exact wording here carefully.
They must prove that you owe THEM the money. [Not the original creditor].
They are junk debt buyers and they represent junk debt buyers, who usually pay less than a penny on the dollar for these types of old debts.
Keep in mind that just because a debt is "charged off" does NOT mean that it is uncollectable.
You have several possible defenses here, but you must assert them for yourself as nobody will do it for you. If you use legal aid, you will lose. If you use a lawyer who does not specialize in debt collections law, you will lose.
Go to the budhibbs.com website and get info on an NACA attorney referral.
As soon as you mention the original debt, you lose. That is the game they play, and the courts allow it.
Deny everything.
Demand to see a contract you signed with LBN that says you owe the money.
If they say they own the debt, DEMAND to see the purchase contract and proof of payment for said debt. This would include price paid.
You can demand this info from each junk debt buyer all the way back to the charge off by the original creditor. This is called "chain of title".
You can use "frivolous lawsuit" as your defense to the lawsuit as you requested validation of debt and they did not comply. Sending you an old statement from the creditor is not validation under the FDCPA or state law.
If you dispute the amount, you could then demand a full itemization of all charges.
Also a defense would be statute of limitations. The SOL in OK for "open ended" accounts is 3 years from date of first major delinquency, or charge off.
That debt is most likely legally uncollectable, but once again, you must assert this defense in court for yourself.
Good luck.
Rhonda
Covington,Louisiana,
U.S.A.
Get a lawyer
#4Consumer Comment
Fri, August 08, 2008
Counter sue for harassment against them., Contact the BBB. Also contact your local news station,and see if they have a consumer reporter.
They tried that with me 7 years ago. I would never in my life deal with again..
Good Luck and don't let them intimidate you.
Paul
Tulsa,Oklahoma,
U.S.A.
All this stree for Only 800 dollar debt??
#4Consumer Suggestion
Fri, August 08, 2008
Hello,
You seem really stressed out for this 800 dollar debt. If this is your only debt that you have why dont you just offer them half to settle with you? You asked if you should contact a lawyer, dont you understand that lawyers are not free and they are going to charge you a lot of money to defend you.
I guess what im trying to say, since it appears as this is really your credit card debt and its such a small amount why dont you just pay it(whatever you all can agree on) and get it out of your life once and for all?????
Keep in mind that the longer time goes by the higher amount you will have to pay. You have already said it went fom like 800 to 1200.
Whatever you decide to do you need to do it fast!