Complaint Review: Love Beal And Nixon - Oklahoma City Oklahoma

If a summons has been served you must answer it within the 35 days of service. This answer should address all 4 points of their form petition and include any affirmative defenses you could claim. It should be sent to LBN and the court. It is important to include your affirmative defenses in your answer and any reasonable counterclaims. There are a lot of resources on the internet if you spend the time to find them that will help you immensely. OSCN /org contains all the rules of civil procedure you will need to read. If you fight them and comply with the rules, you will likely win. Those that loose against LBN don't spend the time to figure out how to win, get scared and ignore correspondances, or rely on erronious information. Keeping off the phone with LBN is also very important. As Steve said, they look for the easy money. Follow the rules and call BS when you see it (there is usually plenty to call) and you should succede. If they have the proof, they may win, but they usually don't. Answering timely and responding to admission requests is imperative. If you have a valid counterclaim and send your own reasonable discovery requests, expect an offer for mutual dismissal.

Ok, now I have to respond, how do I respond at this point? What do I say...The bottom feeders haven't proven I owe them the money in 30 days, therefore I don't? What do I say?

AL, Failure to respond to the court could get them a default judgement aginst you. The summons tells you that you have to respond to both the court and the plaintiff within 35 days. Do it now!!

I thought it was illegal to record a conversation without the knowledge of BOTH parties. I was NEVER advised the conversation could be recorded. What would I do if they attempted to submit such a recording into evidence? Also, I gave the court a copy of the letter my wife sent to LBN to file with the suit. We did not formally answer the court because we had contacted LBN with the dispute. Thanx,

Al, These jerks are easy to crush! I don't think they could actually find their way into a courtroom. Anyway, STAY OFF THE PHONE!! This is imperative. Use only certified mail, return reciept requested. Put the certified# on the letter itself. Be sure you respond in writing by this method to the summons. Respond to both LBN and the court itself in this manner. Clearly dispute the debt, and also state that they refused to properly validate prior to filing the lawsuit. LBN are JUNK DEBT BUYERS also. Beware of this, they may have purchased the debt from Midland as Midland are JDB also. You have the right to demand proof they own the debt or even that they are under contract to collect it. You also have aright to see whatever contract created the alleged debt as well as an account history. It is important that they can prove what state the alleged original agreement was signed in as this determines the statute of limitations to determine if the debt is even legally collectable. The SOL in OK is 5 years. Remember, NEVER speak to them on the phone. If they recorded that conversation where you said you were ready to make a deal if you owe the debt...that could be used against you as validation of the debt. Trust me, they are not above forgery or altering a tape. They are scum. Real lowlife. ps..It is really just Love, and Beal. Nixon has been dead for about 15 years. I lived in MWC.

Since they didn't respond in the alloted 30 days, by federal law, (the FDCPA), they can not go forward with a lawsuit. IF they attempt this, go do court and tell the judge that the case is not ripe, that you gave them the required 30 days to verify the debt and that they have failed to respond. At that point, the FDCPA, "Fair Debt Collection Practices Act", requires all legal action to stop or LBN will be in violation of FEDERAL LAW. The constitution states that if there is a conflict between federal law and state law or city law, Federal law will prevail (win) and it trumps local law. That little tidbit was in case they try the "well this isn't a federal court" bit. Finally, find a good consumer lawyer - make sure he is well versed in consumer law or he'll be over his head and end up charging you way more than you need to be charged.