- Report: #384394
Complaint Review: LOVE BEAL & NIXON P.C. - Oklahoma City Oklahoma
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Author Confirmed
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LOVE BEAL & NIXON P.C.
P.O. Box 32738 Oklahoma City, 73123 Oklahoma, U.S.A.
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LOVE, BEAL & NIXON, P.C., LBN, LB&N Dishonest And In Violation Of Collection Laws Oklahoma City Oklahoma
What my next step should be?
1- Summons:
March 04, 2007
I received a Summons that I am been sued by NCO Portfolio Management in the sum of $3,171.60 on behalf of a collection agency.
March 09,2007
I responded to Summons with certified letter to LBN and the Court stating that their claim is disputed. I asked them to provide me a validation of the account and a validation of the amount claimed. I also asked them to provide legal ownership of the debt, the name and address of the original creditor in details.
2- Debt Validation Letter
May 08, 2007
I received a Debt Validation Letter that only states the amount owned, the creditor name, address and an account number.
May 15, 2007
I responded to the Debt Validation Letter with certified letter to LBN and the Court stating that their Debt Validation letter does not show any debt validation and the letter does not contain any written contract, and it shows only an account number and a dollar amount. I also said I have never had any type of account, agreement or relationship with the plaintiff, and I do not owe the plaintiff any money or any other type of compensation. And I have no obligation to the plaintiff.
3- Requests for Admissions and Interrogatories and Requests for Production of Documents:
Jun 08, 2007
I received Requests for Admissions and Interrogatories and Requests for Production of Documents.
Jun 27, 2007
I responded to the Requests for Admissions and Interrogatories and Requests for Production of Documents with a certified letter to LBN and the court. The returned back my response. In my response I denied signing any contract with the Plaintiff. Most my answers were "I do not know, because the Plaintiff failed to provide debt validation" and "No information to provide, because the Plaintiff failed to provide debt validation" and "I have no knowledge of this debt being owed to the Plaintiff; therefore I have no documents to provide."
4- Received Motion For Summary Judgment And Brief In Support Thereof:
Oct 24, 2008
I received Motion For Summary Judgment And Brief In Support Thereof, they claimed that no response to Request for Admissions has been forthcoming and the required time under Section 3236 has more than passed, and "Pursuant to Rule 13 of the Rules of the District Courts of Oklahoma, Plaintiff has moved for a Summary Judgment in its favor on the grounds that there is no substantial controversy as to any material fact and that the Plaintiff is entitled to Judgment as a matter of law", they also attached a copy of the Requests for Admissions and Interrogatories and Requests for Production of Documents and a copy of the certified mail they sent with my signature on it.
Off course I still have the certified mail receipt when I sent the response and within the time required.
How do I response to the Motion For Summary Judgment And Brief In Support Thereof?
Do I just send a letter to LBN and the court stating that I did respond to the Admissions/Interrogatories/Production of Documents with a copy of the certified mail?
or, Should I go to the court and file some type of motion? and what motion that would be?
Please help
Bash
Tulsa, Oklahoma
U.S.A.
1- Summons:
March 04, 2007
I received a Summons that I am been sued by NCO Portfolio Management in the sum of $3,171.60 on behalf of a collection agency.
March 09,2007
I responded to Summons with certified letter to LBN and the Court stating that their claim is disputed. I asked them to provide me a validation of the account and a validation of the amount claimed. I also asked them to provide legal ownership of the debt, the name and address of the original creditor in details.
2- Debt Validation Letter
May 08, 2007
I received a Debt Validation Letter that only states the amount owned, the creditor name, address and an account number.
May 15, 2007
I responded to the Debt Validation Letter with certified letter to LBN and the Court stating that their Debt Validation letter does not show any debt validation and the letter does not contain any written contract, and it shows only an account number and a dollar amount. I also said I have never had any type of account, agreement or relationship with the plaintiff, and I do not owe the plaintiff any money or any other type of compensation. And I have no obligation to the plaintiff.
3- Requests for Admissions and Interrogatories and Requests for Production of Documents:
Jun 08, 2007
I received Requests for Admissions and Interrogatories and Requests for Production of Documents.
Jun 27, 2007
I responded to the Requests for Admissions and Interrogatories and Requests for Production of Documents with a certified letter to LBN and the court. The returned back my response. In my response I denied signing any contract with the Plaintiff. Most my answers were "I do not know, because the Plaintiff failed to provide debt validation" and "No information to provide, because the Plaintiff failed to provide debt validation" and "I have no knowledge of this debt being owed to the Plaintiff; therefore I have no documents to provide."
4- Received Motion For Summary Judgment And Brief In Support Thereof:
Oct 24, 2008
I received Motion For Summary Judgment And Brief In Support Thereof, they claimed that no response to Request for Admissions has been forthcoming and the required time under Section 3236 has more than passed, and "Pursuant to Rule 13 of the Rules of the District Courts of Oklahoma, Plaintiff has moved for a Summary Judgment in its favor on the grounds that there is no substantial controversy as to any material fact and that the Plaintiff is entitled to Judgment as a matter of law", they also attached a copy of the Requests for Admissions and Interrogatories and Requests for Production of Documents and a copy of the certified mail they sent with my signature on it.
Off course I still have the certified mail receipt when I sent the response and within the time required.
How do I response to the Motion For Summary Judgment And Brief In Support Thereof?
Do I just send a letter to LBN and the court stating that I did respond to the Admissions/Interrogatories/Production of Documents with a copy of the certified mail?
or, Should I go to the court and file some type of motion? and what motion that would be?
Please help
Bash
Tulsa, Oklahoma
U.S.A.
3 Updates & Rebuttals
Tim
Grand Haven,Michigan,
U.S.A.
You need a lawyer!
#2Consumer Suggestion
Sun, November 02, 2008
"Going into this without a lawyer is like going to a gunfight with a knife." I couldn't have said this better myself. The obvious defense, and maybe the only available defense to the MSJ is to assert that you did in fact comply with the procedural rules regarding discovery. Their motion and brief will cite to specific rules, state how you violated those rules, state the result of the violation, and use that result to show that you have basically thrown out all of your available defenses. So a proper reply brief would state that you didn't violate those rules and why; state why, even if you8 did violate those rules, the violation doesn't allow for the stated result; and state that genuine issues of material fact remain which preclude summary judgment. Sound easy? It's not. It will require alot of research that laymen don't generally know how to perform, and analyses that most people are not capable of formulating and communicating effectively. The point in your favor, with regards to the MSJ, is that the legal presumption is for your side. They bear the burden of proving that they should win as a matter of law. You don't have to try to prove any facts, you only have to show that arguable and relevant issues still exist. But what you are facing is a hugely complicated duty that few laymen can successfully pull off. So getting a lawyer would definitely be a good idea.
J G Shrugged
Austin,Texas,
U.S.A.
A couple things...
#3Consumer Suggestion
Fri, October 24, 2008
Answering your question specifically could be interpreted as giving legal advice, so you really need to see a local attorney. However, a few things: The FDCPA debt validation letter requirements end once a creditor files a lawsuit. Also, if you want documents from the plaintiff, normally you have to serve your own request on the plaintiff requesting the specific documents.... Going into this without a lawyer is like going to a gunfight with a knife.
Laurie
Haslet,Texas,
U.S.A.
You did not show up for court?
#4Consumer Comment
Fri, October 24, 2008
If not - that is why you got the summary judgement. GO TO www.budhibbs.com - he has this group posted - if you had shown up - it would have been thrown out - on this site it states SHOW UP FOR COURT Now you need a NACA lawyer - good that budhibbs site as those too.
