Complaint Review: Love Beal And Nixon; Midland Credit Management - Oklahoma City Oklahoma

I've been down this muddy road before with the same people. The admissions interrogatory is a steam rolling tactic. They lost a lot of cases because people started answering their petitions so they started that mess knowing that a lot of people would do one of two things-either stick their foot in their mouth or ignore the interrogatory. That way they could still get a default judgment even though there was an answer to their petition. Never, ever let these bottom feeders steam roll over you at all. I'd much rather spend the money to hire a lawyer than see them get it because they violate every right you have and then spit in your face on the way out the door.

I've been down this muddy road before with the same people. The admissions interrogatory is a steam rolling tactic. They lost a lot of cases because people started answering their petitions so they started that mess knowing that a lot of people would do one of two things-either stick their foot in their mouth or ignore the interrogatory. That way they could still get a default judgment even though there was an answer to their petition. Never, ever let these bottom feeders steam roll over you at all. I'd much rather spend the money to hire a lawyer than see them get it because they violate every right you have and then spit in your face on the way out the door.

I've been down this muddy road before with the same people. The admissions interrogatory is a steam rolling tactic. They lost a lot of cases because people started answering their petitions so they started that mess knowing that a lot of people would do one of two things-either stick their foot in their mouth or ignore the interrogatory. That way they could still get a default judgment even though there was an answer to their petition. Never, ever let these bottom feeders steam roll over you at all. I'd much rather spend the money to hire a lawyer than see them get it because they violate every right you have and then spit in your face on the way out the door.

I've been down this muddy road before with the same people. The admissions interrogatory is a steam rolling tactic. They lost a lot of cases because people started answering their petitions so they started that mess knowing that a lot of people would do one of two things-either stick their foot in their mouth or ignore the interrogatory. That way they could still get a default judgment even though there was an answer to their petition. Never, ever let these bottom feeders steam roll over you at all. I'd much rather spend the money to hire a lawyer than see them get it because they violate every right you have and then spit in your face on the way out the door.

Sorry about not updating earlier, but I got busy after my last update, and it became easy to keep putting off posting anything. I filed an Answer to the Debt Validation Letter on 20 SEP 07. LBN received the answer on 21 SEP 07. LBN filed Plaintiff's Requests for Admissions and Interrogatories and Requests for Production of Documents on 18 SEP 07. They sent the documents 21 SEP 07. I received them 24 SEP 07. They sent a second Debt Validation Letter, dated 24 SEP 07, postmarked 26 SEP 07. I filed my Answer to Plaintiff's Requests for Admissions and Interrogatories and Requests for Production of Documents on 16 OCT 07. LBN received it 17 OCT 07. Denied everything except proper identification. Asserted that the burden of proof was on them. Then I received on 29 FEB 08 an item that LBN filed 19 FEB 08, and postmarked 27 FEB 08. The item? Dismissal Without Prejudice. I realize that dismissal without prejudice means they could refile the case. Most likely, MCM decided that the fees they paid to LBN were lost, and they might have put my account on the market to see if another JDB will buy it. If another JDB brings suit, they're not getting anything from me except what MCM and LBN got.

I filed my first pleading in late July and sent a copy to LBN by cerified mail. Kevin Sanders signed for the letter on 03 AUG 07. Also sent a copy to MCM. Received a debt validation letter from LBN a week ago. I haven't responded, but it only restates the claim they made in their petition. My response will be to call for supporting documentation or move to dismiss.

My research on Mr. Nixon did not pan out. I did find a reference to the passing of a William L. Nixon in 1995, but the signature actually says William L. Nixon, Jr. However, I am ready to answer their petition. My main line of defense will be Debt Validation. In my initial pleading, I ask for FULL documentation of every claim they made, paragraph by paragraph. I also state that all documents be able to pass the scrutiny of the court, and be delivered in a timely matter. As some have mentioned in other threads about these people, I even ask for a copy of the original agreement that created the account in question. That will be very hard for them to produce. I haven't sent in my answer yet. I do have it typed up, but I don't have a printer at home. So, I am have an associate print it up for me, and I should have it on its way in a couple of days. I half expect they won't respond. If they do, I imagine it will be some kind of stalling or pressure tactic. If I hear nothing from them in a few months, I'll file a Motion to Dismiss, and possibly a counterclaim under FDCPA and FCRA.

William Nixon may have passed away, but his son, Oklahoma Bar Association #12804 is practicing in the area of collections, and I would assume with Love, Beal & Nixon because his e-mail is to the firm. So, don't rest your case on the signature, and be sure to seek legal advice before you file ANY motions because Oklahoma law has certain pleading requirements. If you file a motion without asserting certain defenses, they are WAIVED.

Doug, Don't "put all your eggs in one basket". You need to file an Answer to the Petition in the lawsuit, but don't rest your case on the signature. Make sure to include all defenses. Also, you may have a counterclaim for violations of the FDCPA. I'm in a similar situation with MCM, and am familiar with the law firm who's handling their case against you. Larry