Complaint Review: Love Beal & Nixon - Oklahoma City Oklahoma

I am not familiar with this process. I have no clue what to include and want to cover all the bases I need to cover. Is there an example of a motion that someone has used with these people that I can use as a model? Do I just type it out like I did my answer and deliver it to the court or do I have to go to the court to do it?

Michelle, The Motion of Discovery should be filed right away, you do not want to wait for a court date to be set. As far as garnishments go, they cannot garnish anything until AFTER they sue you and win, or you default by not responding or showing up. And, as far as garnishments in OK. AT LEAST 75% of your total income is exempt from garnishment, and you can get a higher exemption if you file a hardship case. DO NOT fill out anything that asks you for bank account info, assets, etc unless it comes DIRECTLY by means of a court order to do so. You are under NO OBLIGATION to provide LBN anything. If LBN already knows your banking info, IMMEDIATELY close that account and open a new one at a DIFFERENT BANK. This is very important, as if you did lose, LBN would have a garnishment order in hand that same day to freeze all accounts. However, they have to know where you bank to do it! NEVER give any debt collctor ANY personal, employment or banking info. NEVER. And never speak to any collector on the phone! NEVER! If you give them a real hard time, they will go away. They will not fight unless it is easy.

Just wanting to make sure to do everything in order. Am I correct in assuming that you file for a motion of discovery after a court date has been set? There has been no date set thus far. Also, I work for rent on a farm. I get paid an amount about every 2 months by my inlaws (their farm). Will they be allowed to garnish my husbands check if it comes to that? or my bank account? coz my check could never hit that account, I can cash it, but his is auto deposited.

Michelle, Those "interrogatories" are just a way for them to get you to validate the debt and make their case for them. DO NOT fill out anything unless there is a COURT ORDER demanding your compliance. ONLY communicate in writing and demand they do the same. Send all communications by certified mail, return reciept requested. Put the certified# on the letter itself and keep a copy for your records. This is very important! The entire burden of proof is on them to prove to owe the debt, and how much. You are not legally required to prove that you dont owe it. File a motion of discovery to get all evidence they may have. At this point your only defense it to determine that they legally have a right to collect the debt, and the amount in question. You can demand verification and itemization of every bit of that bill. You can demand to see a signed charge slip for every transaction. Also, they can only sue for the amount of the actual default and interest allowed by law. Any other fees or costs must be granted by the court. Even if they do win, it does not mean they will ever collect. In OK they can only garnish 25% of your net earnings as a maximum, but upon notice of garnishment you file for a hardship appeal hearing and the amount gets determined and set by the court by a means test. They could only get a few dollars a paycheck and it is not worth the time and expense to them to do this. And, you can quit your job as soon as the garnishment hits and they are back to square one! Go get a job for cash, or get a service job where you work primarily on tips. Then you claim like $10 a day in tips. There are many ways to beat these idiots. Have fun with them! FYI... NEVER speak to any collector on the phone and NEVER answer ANY questions or give personal info. NEVER!! You have no legal requirement to tell them anything. Deny. Deny. Deny. Make them work for everything! Good luck!

What to do? I don't even understand the mumbo jumbo on this and sure don't know how to answer it. Do I answer it? Do I file a motion to dismiss? I also got their "debt validation" letter just a few days prior to this. It contained nothing I had asked for. It had the OC and account number and the date it was sent to their office and the amount of debt, which is more than 500 dollars less than the suit. Gave the location of capital one as a po box. All in one paragraph. Don't know exactly what to do next...any advice appreciated.

I suggest you listen to Steve. I am a huge fan of his. After reading his posts, and following his instructions he offered other people on here, I have had success with some of my credit issues. I have a long way to go, but at least there is some light at the end of the tunnel. Like you, I too searched the internet for answers to handling credit issues, especially debt collectors. Without Steve's suggestions, and the good people from some other credit related forum sites, I would still be losing sleep at night. Hang in there hon. Follow the steps Steve lined out and you will be okay.

I suggest you listen to Steve. I am a huge fan of his. After reading his posts, and following his instructions he offered other people on here, I have had success with some of my credit issues. I have a long way to go, but at least there is some light at the end of the tunnel. Like you, I too searched the internet for answers to handling credit issues, especially debt collectors. Without Steve's suggestions, and the good people from some other credit related forum sites, I would still be losing sleep at night. Hang in there hon. Follow the steps Steve lined out and you will be okay.

This account was charged off in February of this year, which is why I am concerned about how to proceed. I have prepared my answer, an entry for appearance, and a letter requesting validation. Any other suggestions? I am sending these to Love, Beal & Nixon, a copy for myself, and a copy for the courthouse (except the letter). In my validation letter I asked for these things: What the money you say I owe is for Explain and itemize how you calculated what you say I owe; Provide me with copies of any papers that show I agreed to pay to you what you say I owe; Provide a verification or copy of any judgment if applicable; Identify the original creditor Show me that you are licensed to collect in my state Provide me with your license numbers and Registered Agent My answer basically denies the debt leaving the plaintiff to provide the strict proof, with an affirmative defense stating that i reserve the right to amend and/or add additional answers, defenses and/or counterclaims at a later time. These are things I found online....if there are other suggestions I would love to hear them, but gotta mail it tomorrow, ASAP

Michelle, Take some time and read some of the other posts here on Love, Beal, and Nixon to see what you are dealing with, and how to deal with them. NEVER speak on the phone to ANY debt collector, as it will NEVER do anything positive for you. It will only make your problem worse, as you are finding out. AND, NEVER give any collector any personal, employment or banking info!! You are not required to provide this info unless they have a court order demanding it. How old is that old credit card account? If it is more than 5 years from last activity, it is uncollectable and the lawsuit is frivolous. This is due to STATUTE OF LIMITATIONS that varies from state to state. You need to respond to both the court and the "lawyers" by certified mail, return reciept requested. Put the certified# on the letter itself, and keep a copy for yourself. On this response, keep it simple. Too much information can hurt you. Just respond with the case# clearly identified and your name as it appears on the summons, and deny the claim as frivolous. State that you are aware of no such debt and have never been contacted by anyone on this amount before the lawsuit was filed. Specify that you want to see anything you allegedly signed to create the "debt" as well as a full account history and itemization of said charges.. Also demand proof that they have the legal right to collect the debt, and proof of ownership of said debt by alleged owner. You will not get a response from LBN, but you will have the response on your part documented. If you fight back, they will dismiss the lawsuit. I have beaten these fools. They are true idiots. DO NOT sign the letter as these freaks are known for forging documents. PRINT ONLY!! Good luck!