Love, Beal, Nixon past statute of limitations Okla, but judges allowing, where is proof of ownership, ripoff Oklahoma City Oklahoma
I am caught in the Love, Beal, Nixon net. First I heard of the debt was the Summons and Petition. I have filed my answer of debt denial and the affirmative defenses. I have been reading everything on this site and have learned a bunch, yet I still need more info to fight this suit.
First, it now appears on my credit report that another junk debt buyer is claiming ownership to this debt (in a different amount) that already has this suit pending! Therefore, I really do need proof of ownership. What specific kind of documents do I ask for from them to prove ownership?
Second, I have read on 2 different sites that Oklahoma judges are using the 5 year statue in Oklahoma and not making these jerks show a signed contract! Can the TILA be used to argue a 3 year limit? Can I demand a signed contract? If they can't prove that I approved this card, how can they make me pay?
Third, I have seached the Oklahoma court dockets and see that LBN has filed a lot of Affavidavits of Indebtedness which don't seem to give much proof. How do you argue these?
Fourth,
I attached a Request for documents to my answer that I filed with the court and sent by certified mail to LBN. Do I give them 30 days to answer. I know from this site that they won't. Do I then send another request or does it then become a discovery motion?
Finally,
If they do file a Request for Summary Judgement, do I answer that with a motion to dismiss?
I am a student taking care of a disabled parent and legal aid is way backed up. Any help would be forever appreciated.
Okie
Oklahoma City, Oklahoma
U.S.A.
5 Updates & Rebuttals
J
Lakewood,Ohio,
U.S.A.
S
#6Consumer Suggestion
Wed, April 04, 2007
No you can not use the reage as a defense, generally a defense is Not mine, out of statute, the amount sued for in wrong, the collection agency doesn't have a legal right to collect this debt, its been paid, these next 2 are ?? the creditor breached the contract, violations of the TILA.
you can use any violation in a countersuit.
The amount being different from the charge off amount, is because most contracts have where you can still be charged interest, while the debt is in default and in collections.
Now if you defaulted on a contract, how can any terms be enforced?? and if the debt is sold to other collection agencies, that paid less then pennies on a dollar, be allowed to collect interest, that the original creditor will not see. These are just my opinion and i would argue to hell froze over in court just to tie it up in appeals.
Have you went to those two site? Another site I found The FDCPA simplified: A primer on the law
This imformation is put out by a lawyer who broke down all of 15 use 1692's A-Z google barrylawoffice.
You need to make the court awhere of this other collection agency that has listed the same debt on your credit report, claiming they are owed the money, one of them need prove ownership, in this case.
S
Norman,Oklahoma,
U.S.A.
what kind of legal recourse
#6Consumer Comment
Wed, April 04, 2007
J,
Company B or C did put new info on Credit Report under their name saying a current report date of 2007 in an inflated amount from the original alleged debt. They also changed the date reported on the original entry to 2007. If this is illegal can it be used in defense of the suit or what is the legal recourse?
J
Lakewood,Ohio,
U.S.A.
Okie
#6Consumer Suggestion
Wed, April 04, 2007
A debt can only stay on your credit report for so many years, a default on the credit card can only be on for 7 years.
collection agency are required to provide within 90 days of placing a debt on your credit report the month and year of the original default, so as not to leave a debt longer then allowed by law.
Some people get confused with dates, date placed with a collection agency doesn't have anything to do with the 7 years reporting date, or even the date they updated, it still can only be 7 years.
Unless you reopen the debt by making payments, then the date is changed to the new and will run all over again for 7 years
If collection agency A is collecting for a credit card, that was charged off in 2000, they sell the debt to agency B in 2005, in 2007 B sells it to C, still the date of the original creditor is 2000. and C can not legally place it on your credit report, just because they just got it from B, If C was to place it on your credit report they just reaged the debt which is illegal.
S
Norman,Oklahoma,
U.S.A.
changing the original report
#6Consumer Comment
Tue, April 03, 2007
I am so glad you found my report. I think I should have submitted with a title like all the others. Thanks so much for the suggestions. Just today I saw that date change on the credit report and I am sure I would have disputed their right to change it not knowing that was a reset on the SOL. So do I have to just leave that change and won't that make it stay on the credit report longer and lower the score? They added their own report but how can they change the original report?
J
Lakewood,Ohio,
U.S.A.
Okie
#6Consumer Suggestion
Tue, April 03, 2007
check these two sites out they will be helpful (1) debtcollectionlawyer, start reading around page 13, next try creditinfocenter.
to answer some of your questions, keep in mind I'm not an attorney, so any advice you get check with legal aid an attorney and against your state laws and civil rules.
Most of the advice you find on this site is good, but remember what works in one state may not work in another.
Yes you can argue that a credit card is an open account using the truth-in-lending act, you want to do this so if you have to appeal, it on the record.
Affidavit of ownership and sale of claim, is what these companies use to show that, now they own the debt, most are suspect at best. Jdb pay pennies on the dollar for these old charged of debts, they file these forms claiming they paid near the cost there suing you for.
The collection attorney needs a live person to testify to this affidavit, so now you can attack this lie, they need to show what was paid for this debt, if you go that route, get some information that shows that JDB, pay only pennies in the dollar, good place is what asset acceptance capital corp, filed with the SEC, showing how much JDB really paid for old debts.
another place to look is articles. moneycentral.msn.com look thru FTC. gov for there opinions on this subject.
This other collection agency that is also claiming the same debt, issue a summon to this agency and have them appear at you trial.
A sign contract is needed by the collection lawyer, most get around this by getting you to admit to this debt, generally in the interrgatory (question) that when they file for summary judgement.
A trick that is being use by these bottom feeders is to place a date wrong within your credit report, you dispute this and say no, this was from 2003 not 2006, if the debt is still within the sol thay claim harmless error, you now admitted to this debt, bingo.
Most judges think pro-se is a waste of the courts time and just want to clear the docket, they know most will not appeal and most appeal don't go anywhere, because pro-se really don't know what to get on the record how to get things on the record.
I was in the library a while back and saw one of those books dummy guild to small claims court, while waiting for my daughter, I read some of this, it was pretty good insight on what to do and expect, how to look up case laws, do's and don't for the pro-se, you should see if the library near your home has one.
I'm not say your a dummy, so please don't take offence, those books are real easy to read in laymen terms and are worth the time looking at.
good luck