Love Beal & Nixon P.C. I Beat LBN in Court - Case Dismissed junk debt buyer Oklahoma City Oklahoma
I WON! I WON! I just beat Love, Beal & Nixon in Court. Judge dismissed.
Thanks to all of you who provided information. However, I also did a lot of research on the net. So, will provide a step by step of how I did it in order to help anyone else.
Particulars of my Case:
Plaintiff - Love, Beal & Nixon representing First Resolution Management out of Seattle, WA
Defendant ? Myself, Pro Se (I represented myself ? no attorney)
Providian Credit Card - First date of delinquency 12/2001
sold to Palisades Acquisition
resold to First Resolution Management ? re-aged to charge off date of 6/10/02
So it was the second junk debt buyer who sued.
History
June 10, 2005
(1) Petition Filed by Love, Beal & Nixon with District Court of Creek County, State of Oklahoma
(a) Petition allows 30 days for an answer after receipt.
(2) Summons Filed
(a) Summons allows 35 days for an answer after receipt. (service)
(b) Summons was served on July 9, 2005
Notes: The Summons information is important because LBN tried to have my rights denied because of an ?out of time' statement in a later Brief. Also, I don't have the slightest idea why it took so long to serve the summons. Yes I work, but there are always evenings and weekends and I did not try to avoid the server at anytime in anyway.
Also note, it is very interesting that the suit was filed exactly three years to the date from what they changed the charge off date to. (Do you think they knew SOL was 3 yrs?)
July 15, 2005
Answer to Petition/Summons in the form of ?Expired Statute of Limitations Notification Letter? was mailed to the Court, LBN, and the Plaintiff by certified mail. The Court entered the Answer into the record on July 18, 2005
Notes: Because the Answer was filed 38 days after the original June 10, 2005 Petition filing date, LBN tried to have my Answer and my Motion to Dismiss disallowed as ?out of time'. But I countered that the Summons allowed 35 days from date of Service and the judge ruled in my favor at the hearing. So note that it is very important to get the things done in a timely fashion and pay attention to the allowed dates, since it can be used for or against you in a court of law. Also note that whatever I sent to LBN, I also sent to First Resolution (I wanted to be sure that both parties were aware of what I was doing ? First Resolution could have called of the dogs at any time.)
Jan 11, 2006
Receipt of Plaintiff's Request for Admissions and Interrogatories and Requests for
Production of Documents.
Notes: This communication was not sent by certified mail. They don't care whether you get this or not, in fact it is to their advantage if you don't get it ? all they have to do is prove they mailed it.
Jan 17, 2006
(1) I submitted my Answer attached to a copy of Plaintiff's Request for Admissions
(2) I sent my own set of Defendant's Request for Admissions and Interrogatories and Requests for Production of Documents.
Notes: This is where I made a mistake because since this is not considered a legal document, just an attachment to other legal documents, I did not send it certified mail nor did I file a copy with the Court. I would suggest you do both. In LBN's later Brief they declared that I had not answered their Request and also used the ?out of time? excuse for not answering my Request. The Judge called me on it, but I had the copy with me. LBN messed up by acknowledging receipt of my Requests, so the Judge ruled that they had also received a copy of my Answer.
April 3, 2006
Receipt of Motion for Summary Judgment and Brief in Support Thereof received
from LBN with a Court date set for May 15, 2006.
Notes: Used all the typical jargon and quoted Rule 13 of the Rules for the District Courts of Oklahoma, stated ?that there is no substantial controversy as to any material fact? and that ?pursuant to Title 12, Ok Stat. Section 3236, Defendant had not replied to Plaintiff's Request for Admissions? and that they should be awarded judgment. This is where they attached the ?Request for Admission' to the Motion for Summary Judgment. They also attached an Invoice from First Resolution Investment Corporation (this is where they changed the charge-off date) and one of those controversial Affidavits from the Province of British Columbia, Canada (Even though the address for First Resolution is in Seattle, WA) stating that they ?have personal knowledge of the facts? and that ?the account was established by the execution of a written contract?.
April 17, 2006
I filed a Motion to Dismiss with prejudice, attached a copy of the Equifax report with the 12/2001 delinquency date noted, attached a copy of Defendants Request for Admissions,
mailed certified copies to LBN and First Resolution and hand delivered it to the Court for filing.
Notes: I have paid no filing fees to the Court for any of the documents. I guess as the Defendant, you are entitled to file for free. So far, LBN has paid $231.00 for all of their filings. Creek County has a nifty website where you can look at the dockets and see what has been done so far.
In my Motion I cited:
Ok Stat 14a-2-108(1)and(2) Definition of Revolving Charge Account
Ok Stat 12-3-95 (2) Limitation of Actions
FCRA 605(c) and 623(a)(5) Commencement of the delinquency
TILA ? definition of a consumer credit contract -vs- open end credit plan.
Also referenced the Equifax report, noted no response to my Request for Admissions, noted that the Plaintiff had provided no proof of a written document and listed several violations that I thought the Plaintiff was guilty of.
May 9, 2006
Receipt of Plaintiff's Response to Defendant's Motion to Dismiss and Brief in Support
(1) First they said that because I answered the Petition, the
Motion to Dismiss is not timely brought. (Judge ruled
against this)
(2) Plaintiff states that expiration of the Statute of
Limitations is not proper grounds for a Motion to
Dismiss. (????? ? still can't figure out why the
law is not proper grounds)
(3) Stated that the SOL on a written contract is 5 years. But
at the same time they acknowledged that the SOL began in
December 2001. (if SOL is not proper grounds ? what is the
point of this statement)
(4) Argues about interest rate (Not important to me unless
I appeal if judgment is granted).
(5) Brings up the argument that Defendant has not responded
to Plaintiff's Request for Admission. (false statement)
(6) Since the Plaintiff's Motion for Summary Judgment is set
for hearing, there is no need to respond to Defendant's
discovery at all. (#5 and #6 got them in trouble with
the Judge ? since they got my Request for Admission,
they must have also received my Answer to their Request
for Admission).
May 15, 2006
COURT DAY and the SHOW DOWN
I pulled up dockets and researched this particular Judge and the LBN cases that came before him. It was about 50/50 for dismissal/judgment awards ? so at least I felt good about the judge I had.
Case called:
First the attorney was local and not from LBN. We both approached the podium. I smiled at him and signaled for his to go first. He made the statement that he was not that familiar with all the goings on of the case and did not have copies of any of the legal documents. But he restated that the contract was in writing subject to a 5 year SOL, that my Answer to the Petition was not timely, that I had not sent an Answer to Request for Admissions, that my Motion to Dismiss should not be allowed. (Just goes to show that LBN did not expect me to show up, so they had really made no preparations for the actual hearing)
My turn ? I read the TILA definition of a consumer credit contract -vs- open end credit plan. Stated that the Plaintiff had not provided proof of written contract and therefore the 3 year SOL applied.
So we waited while the judge browsed through the documents and made his comments. As noted above, he either disallowed or dismissed the Plaintiff attorney's exceptions and then the verdict .........
Since the Plaintiff had not provided a copy of a signed, written document, he (the judge) would entertain my motion to dismiss. CASE DISMISSED!
It was rather strange though, because the Plaintiff's attorney came up, patted my arm and told me that I had done a great job and that I had missed my calling. I smiled and told him thank-you. Then as I walked down the aisle to leave the court room, I was getting thumbs up signals from people sitting in the seats waiting for their cases.
Final Questions?
If the case was dismissed with prejudice, and the debt is resold to another junk debt buyer can they sue for the same debt? Does the ?with prejudice' apply to the Plaintiff or to the debt itself? If they resell it do they have to tell the new buyer that the case was already tried in Court?
If there was a cease and desist clause in my original Answer to the Petition, and the Plaintiff has lost their legal case, can they continue to call, mail and harass me about the debt or does the loss prohibit them from any further action period or just legal action?
How long do I have to wait to know if they will appeal or can they appeal?
If there is any interest, I provide links to copies of my documents that I used i.e.
Answer to Petition and Summons
Answers to Plaintiffs Request for Admissions
Defendants Request for Admissions
Standard Service Notification
Defendants Motion to Dismiss
P
Sapulpa, Oklahoma
U.S.A.
15 Updates & Rebuttals
Frustrated
Broken Arrow,Oklahoma,
U.S.A.
I WON The first battle!!!
#16Consumer Suggestion
Thu, August 30, 2007
Just got back from court for a scheduled hearing with LBN and all that it entails. After weeks of preparation with searching this site and others along with local legal advice, I walked into that courtroom today almost terrified. There were at least 75 men in dark suits standing around the room and I was sure that there was THE one out there waiting to attack. I was the only case on record today representing myself without counsel.
After the judge called at least 25 cases before me and emptied out the room, I was left there with maybe 2-3 other men,,, I was the only lady in the room. He called my case and I choked on my name as walking up to the bench,, but low and behold, LBN was a no show.
The judge had all of my documentation in his records as I had copied the court on all correspondence that I sent them. They never replied to any of my requests to verify the debt.(The summons was in Dec. 06) I have just walked out of the courtroom with a dismissal of over $11,000 mainly because I was present at the hearing. It was without prejudice, which means that they may come back and file again, but most unlikely after their lack of appearance. LBN could not prove the alleged debt and already had letters in their possession with my request to do so.
Anyway,, there is hope out there, don't give up, keep fighting them.
Frustrated
Broken Arrow,Oklahoma,
U.S.A.
I WON The first battle!!!
#16Consumer Suggestion
Thu, August 30, 2007
Just got back from court for a scheduled hearing with LBN and all that it entails. After weeks of preparation with searching this site and others along with local legal advice, I walked into that courtroom today almost terrified. There were at least 75 men in dark suits standing around the room and I was sure that there was THE one out there waiting to attack. I was the only case on record today representing myself without counsel.
After the judge called at least 25 cases before me and emptied out the room, I was left there with maybe 2-3 other men,,, I was the only lady in the room. He called my case and I choked on my name as walking up to the bench,, but low and behold, LBN was a no show.
The judge had all of my documentation in his records as I had copied the court on all correspondence that I sent them. They never replied to any of my requests to verify the debt.(The summons was in Dec. 06) I have just walked out of the courtroom with a dismissal of over $11,000 mainly because I was present at the hearing. It was without prejudice, which means that they may come back and file again, but most unlikely after their lack of appearance. LBN could not prove the alleged debt and already had letters in their possession with my request to do so.
Anyway,, there is hope out there, don't give up, keep fighting them.
Frustrated
Broken Arrow,Oklahoma,
U.S.A.
I WON The first battle!!!
#16Consumer Suggestion
Thu, August 30, 2007
Just got back from court for a scheduled hearing with LBN and all that it entails. After weeks of preparation with searching this site and others along with local legal advice, I walked into that courtroom today almost terrified. There were at least 75 men in dark suits standing around the room and I was sure that there was THE one out there waiting to attack. I was the only case on record today representing myself without counsel.
After the judge called at least 25 cases before me and emptied out the room, I was left there with maybe 2-3 other men,,, I was the only lady in the room. He called my case and I choked on my name as walking up to the bench,, but low and behold, LBN was a no show.
The judge had all of my documentation in his records as I had copied the court on all correspondence that I sent them. They never replied to any of my requests to verify the debt.(The summons was in Dec. 06) I have just walked out of the courtroom with a dismissal of over $11,000 mainly because I was present at the hearing. It was without prejudice, which means that they may come back and file again, but most unlikely after their lack of appearance. LBN could not prove the alleged debt and already had letters in their possession with my request to do so.
Anyway,, there is hope out there, don't give up, keep fighting them.
Frustrated
Broken Arrow,Oklahoma,
U.S.A.
I WON The first battle!!!
#16Consumer Suggestion
Thu, August 30, 2007
Just got back from court for a scheduled hearing with LBN and all that it entails. After weeks of preparation with searching this site and others along with local legal advice, I walked into that courtroom today almost terrified. There were at least 75 men in dark suits standing around the room and I was sure that there was THE one out there waiting to attack. I was the only case on record today representing myself without counsel.
After the judge called at least 25 cases before me and emptied out the room, I was left there with maybe 2-3 other men,,, I was the only lady in the room. He called my case and I choked on my name as walking up to the bench,, but low and behold, LBN was a no show.
The judge had all of my documentation in his records as I had copied the court on all correspondence that I sent them. They never replied to any of my requests to verify the debt.(The summons was in Dec. 06) I have just walked out of the courtroom with a dismissal of over $11,000 mainly because I was present at the hearing. It was without prejudice, which means that they may come back and file again, but most unlikely after their lack of appearance. LBN could not prove the alleged debt and already had letters in their possession with my request to do so.
Anyway,, there is hope out there, don't give up, keep fighting them.
Kat14
Sapulpa,Oklahoma,
U.S.A.
Was Served with a Summons today from Love, Beal & Nixon
#16Consumer Comment
Thu, August 30, 2007
Was served today with a summons that I am being sued by Loev, Beal & Nixon for a Capital One Credit Card. The Summons arrived today and was given to my daugter to give to me. Love, Beal and Nixon has contacted me at home, work and my cell phone. When they first contacted me I said that I had not used this card since 2003. They said I owed 880.00 + 246 in finace charges. I told them the card was only had a 500.00 limit and I would make payment arrangements, they said I had to pay in full or they would sue me. They also tolad me what was on my credit report. Can anyone help, can they look into your credit? Can someone tell me what to do now. It says I have 35 days to respond to the court in the Petetion. What are my options?
Jessica
OKLAHOMA CITY,Oklahoma,
U.S.A.
I also received a summons/petition from LBN
#16Consumer Comment
Thu, August 16, 2007
"P" - Congrats on your win!! I would love to have copies of your documents you used as I am running out of time. I cannot afford a lawyer and quite honestly do not understand the justice system and how all of this works :( I am gonna try my hardest though and fight these jerks.
Thanks!!
James
Madill,Oklahoma,
U.S.A.
P in Sapulpa
#16Consumer Comment
Mon, January 01, 2007
Congratulations on beating these scumbags in court. I am dealing with the same scumbags right now. In your last response you stated that you had links to your copies of the forms that filed in beating these guys. Where are the links located? I need help in the formating of such letters to file with court. Could you please Help?
Thanks
Steve
Bradenton,Florida,
U.S.A.
Warren, here's how you get a copy of that
#16Consumer Suggestion
Sat, September 23, 2006
Warren,
Just go to your clerk of court and look in the recent filings. These are public record.
Just tell the clerk what type of filing you need to look at. They usually have a computer right there you can use. Look up Love, Beal and Nixon!
Warren
Catoosa,Oklahoma,
U.S.A.
About to have to fight LBN myself now
#16Consumer Comment
Sat, September 23, 2006
"P" in Sapulpa, would you be able to send me a copy of your answer to the Summons and Petition? I am about to have to deal with these people, but have no idea how to word my answer for the courts. My case sounds almost exactly like yours, so some light modifications will probably do the job. My email is (((ROR redacted - see below)))
Thanks in advance!
CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.
Steve
Bradenton,Florida,
U.S.A.
L.J......Here's what you need to do..
#16Consumer Suggestion
Tue, August 29, 2006
L.J.,
It is very important to NEVER return any call to a debt collector. It will never do anything positive for you. It will only make your problem worse.
You need to send a CEASE COMMUNICATIONS request right away. Send this letter by certified mail, return reciept requested. DO NOT sign the letter, PRINT ONLY. Be sure to put the certified# on the letter itself and keep a copy for your records.
In this letter clearly dispute the debt and clearly state that they are not to contact you or anyone else for any reason again in regards to this matter.
Do not give them any information they do not have already. Never refer to any "account" # as this can create a business relationship. Always use "re: Your reference#".
Even calling a toll free# to a debt collector can reveal your UNLISTED# to them as well as your address. This is a service they pay for. You cannot block it.
These JDB's buy very old debts with little or zero account/personal information. Then everyone with the same or similar name gets contacted. They are fishing, so don't bite!
Steve
Bradenton,Florida,
U.S.A.
L.J......Here's what you need to do..
#16Consumer Suggestion
Tue, August 29, 2006
L.J.,
It is very important to NEVER return any call to a debt collector. It will never do anything positive for you. It will only make your problem worse.
You need to send a CEASE COMMUNICATIONS request right away. Send this letter by certified mail, return reciept requested. DO NOT sign the letter, PRINT ONLY. Be sure to put the certified# on the letter itself and keep a copy for your records.
In this letter clearly dispute the debt and clearly state that they are not to contact you or anyone else for any reason again in regards to this matter.
Do not give them any information they do not have already. Never refer to any "account" # as this can create a business relationship. Always use "re: Your reference#".
Even calling a toll free# to a debt collector can reveal your UNLISTED# to them as well as your address. This is a service they pay for. You cannot block it.
These JDB's buy very old debts with little or zero account/personal information. Then everyone with the same or similar name gets contacted. They are fishing, so don't bite!
L.j.
Mannford,Oklahoma,
U.S.A.
Love, Beal & Nixon PC
#16Consumer Comment
Tue, August 29, 2006
I have recently been contacted by this "Law Firm". A woman named Tracy Howard initially contacted my parents asking if I was home. I am in my mid 40's and haven't lived "at home" since I was 17 years old! My mother gave this woman no information but called me and told me about the call. This woman had left a phone number with my mother so I called it wondering why a law firm from OKC would be trying to locate me.
After several unsuccessful attempts to make contact with this Tracy Howard, I finally got in touch with her to inquire why she might be trying to locate me.
Ms. Howard informed me that her firm would be sueing me the next day in an attempt to collect a $4k debt in which I owed. I asked for whom I owed this debt since I was apparently speaking with a "Law Firm" based on the recording I got when I dialed their phone number. She informed me that her "firm" had sent me a letter in December of last year. I responded that I have never received any letter from a "Love, Beal & Nixon" but if I had, I surely would have responded accordingly.
I was told that her firm was hired to collect a debt for a MasterCard credit card for which I have no recollection of ever having. Ms. Howard informed me that the account went into default sometime in 2003. I politely informed Ms. Howard that I've not had a MasterCard nor did I owe anyone $4k. She asked what I wanted to do to resolve this matter and I told her to please send me whatever documentation she had proving I was in debt for this $4k. She responded with I would need to send her firm a letter requesting information regarding my "account".
I asked why I should write some letter to request for some supposed "account" she claims I have when I was speaking with her on the phone and asking for the same. Ms. Howard refused to provide me with any additional information regarding this matter and informed me that she would "let the attorney representing this case" know that I was refusing to cooperate. I informed her that if she could provide me with something on paper, I would be more than happy to turn it over to my attorney for review.
Two days later, this Ms. Howard contacted me at home and asked what I planned to do regarding this matter. I again informed Ms. Howard that I had no intent of writing a letter for which I would not know how to address or for what to specifically inquire about so if she wanted a response from me and/or my attorney, I strongly urge her to send me all information she might have regarding this matter. She again told me that she would inform "the representative" of my unwillingness to cooperate.
I would like to thank all those who have posted here regarding these bloodsuckers. Without the information I've found here, I would not have ever known if these morons were legit or not.
Again, many thanks to all who have dealt with this "firm" before me.
Leesa
Oklahoma City,Oklahoma,
U.S.A.
Awesome!
#16Consumer Comment
Tue, June 20, 2006
P- I am glad to see you won your case with LBN. I am currently in battle with them myself, and would love to see any info you might have to help me to win as well. It is so awesome to see someone beat this blood sucking leaches.
Way to Go!
Steve
Bradenton,Florida,
U.S.A.
"P"...GOOD JOB! They cannot contact you again on this, and there is no reason to appeal.
#16Consumer Comment
Tue, May 16, 2006
You are all done. They cannot contact you again on this, and there is no reason to appeal.
LBN only takes the easy default money. They are not that bright, and the lawyeres in the firm are incompetent at best.
I beat them by getting a dismissal due to improper service and failure to respond to discovery request.
FYI...Thoes "INTERROGATORIES" and copies of documents they asked you for, are a scam. The defendant is NEVER required to incriminate him/herself. The burden of proof is always on the plaintiff to prove that you owe the money.
NEVER provide any of this information! The law does not require you to as the defendant.
Keep all court case and dismissal information, just in case they try to resell it. It is perfect grounds to sue them.
Now you can sue them for any FTC violations they engaged in!
Steve
Bradenton,Florida,
U.S.A.
"P"...GOOD JOB! They cannot contact you again on this, and there is no reason to appeal.
#16Consumer Comment
Tue, May 16, 2006
You are all done. They cannot contact you again on this, and there is no reason to appeal.
LBN only takes the easy default money. They are not that bright, and the lawyeres in the firm are incompetent at best.
I beat them by getting a dismissal due to improper service and failure to respond to discovery request.
FYI...Thoes "INTERROGATORIES" and copies of documents they asked you for, are a scam. The defendant is NEVER required to incriminate him/herself. The burden of proof is always on the plaintiff to prove that you owe the money.
NEVER provide any of this information! The law does not require you to as the defendant.
Keep all court case and dismissal information, just in case they try to resell it. It is perfect grounds to sue them.
Now you can sue them for any FTC violations they engaged in!