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  • Report:  #271143

Complaint Review: Love Beal & Nixon - Oklahoma City Oklahoma

Reported By:
- Sapulpa, Oklahoma,
Submitted:
Updated:

Love Beal & Nixon
P.O. Box 32738 Oklahoma City, 73123 Oklahoma, U.S.A.
Phone:
405-7200565
Web:
N/A
Tell us has your experience with this business or person been good? What's this?
Was just served with a summons that was Dated on May 4, 20007 and served today on August 29th, 2007 to my daugther for a Capital One Credit Card. Love, Beal & Nixon has contacted me at home, work and cell phone. They have even told me what was on my credit report. Can they do this? What are my rights? I told them I would make payments, but they said that I had to pay the full amount. I cannot afford that. The credit card was only for 500.00 and with the finance charges and late fees that Caital One Charged me it is 880.14 plus 246.16 in finace charges according to this summons. Can someone please tell me what to do and what lawyer I can contact. I have not ussed this card since 2002. Please help.

Katie

Sapulpa, Oklahoma

U.S.A.


11 Updates & Rebuttals

Robert

Buffalo,
New York,
U.S.A.
Local attorneys

#2Consumer Suggestion

Fri, August 31, 2007

Bud Hibbs has a website and you can click to contact him to request information about lawyers in your area that should be able to help you out. It goes without saying: Do not ignore the summons - they will get a default judgement against you if you do. You can call his consumer help line at 817-348-0818.


Kat14

Sapulpa,
Oklahoma,
U.S.A.
Reprase My Comment

#3Author of original report

Thu, August 30, 2007

Robert, Maybe I did not phrase it right. Some women showed up at the door with a Summons for me and I was not home so she gave it to my daugther who is 16 to give to me. It is my debt not my daugthers. Sorry for the confusion.


John

Louisville,
Kentucky,
U.S.A.
FYI

#4Consumer Comment

Thu, August 30, 2007

Capital One has already charged this account off. ====================== A "charge-off" does not mean that a debt is no longer collectible...It's simply an accounting procedure meaning that they've written off your debt on their taxes. After this point the original credit often sells the debt to debt collectors for pennies on the dollar...These collectors are still entitled to collect on the original amount due...They are subject to local state laws regarding the statue of limitations for the amount of time that they can take legal action against you. After this time has passed....they can legally do nothing to you...Many bottom feeder collectors are known to change the date of last activity date or post a bogus payment to restart the statue of limitations.


Robert

Buffalo,
New York,
U.S.A.
Comments

#5Consumer Comment

Thu, August 30, 2007

"I am in the clear. It was dismissed without prejudice which means that they could possibly file again, but this dismissal does not do well for their credibility in the court's eyes. My advice is never give up, always fight it to the end." You're in the clear - for now. They can, and I think it very likely, proceed to sue you again IF they have the proof - you're case isn't small claims. You are correct in that one should always show up in court after being served a summons. My other comment is that I don't know of any court that will grant a judgement if the PLANTIFF doesn't show up. I think the worse that might have happened in your case was that the hearing would have been rescheduled. I don't think they would have received a judgement when they were NOT present at the hearing. You did good to attend - as others should when they get a summons. NEVER ignore a summons!


Frustrated

Broken Arrow,
Oklahoma,
U.S.A.
WON 1st Battle!

#6Consumer Suggestion

Thu, August 30, 2007

I have just returned from the courthouse for a scheduling conference for a summons from LBN. They did not show up. Had I not shown up, this $11,000 bogus charge could have been filed as a judgement against me. The most important issue here is to follow up on correspondence with proof via certified mail, registered return, keep all your records and don't ignore the summons. Time is of essence. Never admit to the alleged charges, they most likely can not provide proof of ownership or the original alleged debt documentation, therefore they usually don't follow through when it gets to the court status. It was terrifying as I represented myself and there must have been 75 people in that courtroom mostly intimidating men in dark suits. But it was worth it, for the time being, I am in the clear. It was dismissed without prejudice which means that they could possibly file again, but this dismissal does not do well for their credibility in the court's eyes. My advice is never give up, always fight it to the end.


Robert

Buffalo,
New York,
U.S.A.
I'm concerned about your daughter.

#7Consumer Comment

Thu, August 30, 2007

You wrote: "Was just served with a summons that was Dated on May 4, 20007 and served today on August 29th, 2007 to my daugther for a Capital One Credit Card." It appears to me that you accepted service for your daughter. What is going on with this debt that you're not telling us? It seems to me that they are suing your daughter, not you! It follows that it's your daughter's credit rating that's going to take the hit. Why would they service (and sue) your daughter if it's your debt??? Something doesn't smell right with this report.


Kat14

Sapulpa,
Oklahoma,
U.S.A.
LJB Summons

#8Author of original report

Thu, August 30, 2007

Thanks so much for the advice. I have been reading other posts about them as well and I do not plan on paying them, talking to them or acknowledging the debt. I do not owe Love, Beal and Nixon anything. I never signed any acknowledgement or said I owed Capital One anything. Capital One has already charged this account off. Thanks again.


Kat14

Sapulpa,
Oklahoma,
U.S.A.
LJB Summons

#9Author of original report

Thu, August 30, 2007

Thanks so much for the advice. I have been reading other posts about them as well and I do not plan on paying them, talking to them or acknowledging the debt. I do not owe Love, Beal and Nixon anything. I never signed any acknowledgement or said I owed Capital One anything. Capital One has already charged this account off. Thanks again.


Kat14

Sapulpa,
Oklahoma,
U.S.A.
LJB Summons

#10Author of original report

Thu, August 30, 2007

Thanks so much for the advice. I have been reading other posts about them as well and I do not plan on paying them, talking to them or acknowledging the debt. I do not owe Love, Beal and Nixon anything. I never signed any acknowledgement or said I owed Capital One anything. Capital One has already charged this account off. Thanks again.


Kat14

Sapulpa,
Oklahoma,
U.S.A.
LJB Summons

#11Author of original report

Thu, August 30, 2007

Thanks so much for the advice. I have been reading other posts about them as well and I do not plan on paying them, talking to them or acknowledging the debt. I do not owe Love, Beal and Nixon anything. I never signed any acknowledgement or said I owed Capital One anything. Capital One has already charged this account off. Thanks again.


Frustrated

Broken Arrow,
Oklahoma,
U.S.A.
Oklahoma, Tulsa, Love Beal Nixon Entanglement

#12Consumer Suggestion

Thu, August 30, 2007

I have been on the phone for two days with attorneys dealing with scenarios placed by LBN, they have a bad rep and most attorneys that I have spoken with are out to get them on fraud charges, but it has been difficult to catch them,, so far. First, do not admit to the debt. Ask for proof of the debt. Do not offer to pay. DO NOT PAY THEM A PENNEY,, this will reactivate the statute of limitations on this debt. You have not paid since 2002? After five years, the statute of limitations will take effect and you have a better chance of not having a judgement against you in court, however, in my research with the local attorneys, this will still be at the discretion of the judge, but LBN will not come after you once they are aware that you know of this statute,, just make them work to figure it all out. Require proof of the debt, ask for the original creditor, account number, amounts, fees, interest. Never admit to the debt,( the burden of proof is on them and most likely, they don't have it.) Send it certified and copy the court on it. You can find plenty of sample letters on line by searching the internet. Then, wait for LBN to contact you,, they won't respond to your request, but you have covered yourself. For that amount of money, they will most likely leave you alone. It's not worth their time and effort to go after a debt that has a statute expired on it, they know their odds are against them. Just think smart. Do not give them any information, do not speak with them. In the letter, request that they cease all phone calls and credit reporting until the debt is proven. Keep searching the internet, you will find tons of info to help. Try bcsalliance. it's filled with tidbits of knowledge. Hope some of this helps, there are many of us out here fighting LBN, they don't play fair.

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