- Report: #275067
Complaint Review: Love Beal & Nixon - Oklahoma City Oklahoma
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Love Beal & Nixon
6621 North Meridan Oklahoma City, Oklahoma, U.S.A.
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Love, Beal & Nixon 3rd party debt collector suing for $1900 Expired SOL, Help! Oklahoma City Oklahoma
I received a summons from LBN ON 6/28/07 for my husband in the amount of 1930.65. The original creditor is Citi Bank, which is spelled wrong in the summons (City). I filed an answer stating that I had no knowledge of the supposed debt and requested a detailed statement.
I pulled a copy of my husbands credit report and found that it was Dell Financial who was the orginial creditor and the DLA was 12/2002. Last payment was 01/2003. Since this is a credit card the SOL is 3 yrs. How do I or where do I obtain the form to file for a motion to dismiss based on expired SOL?
Also, I got a letter back from LBN today- no detailed statement just the original creditor and acct #. It just says they will proceed with this matter. What do I do?
Rachel
Broken Arrow, Oklahoma
U.S.A.
I pulled a copy of my husbands credit report and found that it was Dell Financial who was the orginial creditor and the DLA was 12/2002. Last payment was 01/2003. Since this is a credit card the SOL is 3 yrs. How do I or where do I obtain the form to file for a motion to dismiss based on expired SOL?
Also, I got a letter back from LBN today- no detailed statement just the original creditor and acct #. It just says they will proceed with this matter. What do I do?
Rachel
Broken Arrow, Oklahoma
U.S.A.
1 Updates & Rebuttals
Robert
Buffalo,New York,
U.S.A.
Check a few things.
#2Consumer Suggestion
Thu, September 20, 2007
First: SOL. Oklahoma might consider credit card debt as a contract debt, just as NY does. If so, the SOL is 5 years instead of 3. I would check with an attorney or a local credit counseling agency to get more accurate information about the SOL. Second: SOL as a defense. The courts will not use SOL as a defense for your husband. He must must do that!. You don't state WHAT COURT HE has been summoned for. If it's small claims court, you can call the clerk of the court to obtain accurate information as to how to envoke an SOL defense. However, HE have to PROVE that the SOL has expired. IF you're husband made any other payments toward this, the SOL clock can be reset to the date of the last payment. 3rd. DO NOT IGNORE IT! If HE doesn't show up for court, they will get a default judgement against him. 4th. YOUR HUSBAND needs to deal with this! I'm surprised that they even discussed the matter with you, but perhaps the laws are different in OK. Here in NY, that's a no-no. We are not married for tax or debt purposes. I understand you're trying to help your husband, but be warned. Even pulling a credit report on him is a type of fraud and is illegal - YOU ARE NOT HIM! Get your husband active in his defense. I caution you again about fraud - do NOT sign his signature to ANYTHING! (I do understand - my grandmother handled everything financial in their lives and I don't think their bank ever knew what his signature really looked like.) This is a different time and era than decades past and most of these debt collectors will be relentless in their efforts to undermine any defense your HUSBAND might rise against this matter. Also, demand validation of the debt per the FDCPA. Your husband should send a certified letter to the debt collectors demanding validation of the debt. Further, if the SOL is not expired he might consider reaching a settlement with the CREDITOR (NOT THE DEBT COLLECTOR.) The problem with reaching a settlement with the collector is that in practice, it only gets that particular debt collector off your back. Then, the CREDITOR comes at you again at a later date to collect the balance of the debt. Also, if a settlement is reached with the creditor, you want the settlement in WRITING, that includes a statement that the debt is ABSOLVED when the settlement amount is paid. You want this written document from the creditor before you pay out any money - NOT A DIME without such a document from the creditor. Do NOT give in to any settlement offers from the COLLECTOR that indicate that you have to pay it right now, by moneygram or what have you. That's a ploy to try to get money from you, and in most (if not all) cases, they will DENY that a settlement was agreed to. Remember this: If it's not in WRITING, it DID NOT happen! Keep this in mind when dealing with debt collectors and creditors. Good luck.
