Complaint Review: Palisades Collections - Love Beal & Nixon - Oklahoma City Oklahoma

The first thing I need to clarify for you is that they cannot just "reopen the case" as you stated when it was a lawsuit that was previously dismissed. They would have to file a new complaint and start all over again.

The second thing is the alleged garnishment of your checking account. Again, CANT BE DONE unless they first sued you and won, and then got a judgement against you and then used that to get a garnishment order from the court.

You need to persue this and get your money back that they took illegally and file the appropriate fraud and larceny charges against them.

Also file complaints against them with the BAR ASSOCIATION for their unethical activities.

File your own countersuit against them for  recovery of the money they stole from you.

I went to battle with this bunch of thugs and misfits and beat them badly.

I had the same happen to me with the same group of laywers.  They closed the case "PURSUANT TO 12 OKLAHOMA STATUTES SECTION 1083 AND RULE 9 OF THE SUPREME COURT RULES FOR THE DISTRICT COURTS, NOTICE IS HEREBY GIVEN THAT THE ABOVE CASE IS SCHEDULED FOR DISPOSITION FOR FAILURE TO PROSECUTE ON THE ABOVE JUDGE'S DISPOSITION DOCKET TO BE HELD ON SEPTEMBER 28, 2007 AT 1:30 P.M. IN COURTROOM 713. THIS CASE WILL BE DISMISSED WITHOUT PREJUDICE BY THE COURT UNLESS COUNSEL APPEARS AND SHOWS GOOD CAUSE WHY THE CASE SHOULD BE ALLOWED TO REMAIN ON THE DOCKET."  Then two years later they go back to 2006 trying to reopen the case. They tried to garnish my wedges several times but had no access. They even garnished my checking account. I was even told by a clerk at Tulsa County filing that they were snakes and usually always got what they wanted because they were bullies. I've been fighting them since day one and till this day (Nov 2010) I still am. UGH...Oh yeah the account stopped in 2002.  I'm glad I decided to look this up because I plan on fighting and winning and hopefully exposing them for who they really are. God does NOT like ugly.

My case was also dissmissed without predjudice almost a year ago. Midland Credit Management(collection agency) tried to call and I directed them to send it in the mail. A couple of months ago I got a letter in the mail about a credit card. It was a tricky way of Midland Credit Management to get me to validate the debt. It would basically open an account to make the debt valid. All of my old credit cards are now past the SOL for Ok. I immediately sent certified letters asking for validation and denying any debt to both Midland Credit Management and the credit card company. I received a letter from the credit card company(collection agency) saying they closed the account. Usually I just throw away credit card offers but I am glad I caught it and disputed it. Good Luck to everyone!

Another way I gained understanding of civil procedure, I would search, for instance... Wikipedia Motion for Summary Judgment Wikipedia Dismissal Without Prejudice Wikipedia Dismissal With Prejudice Any of the legal motions, answers, etc.. things I did not understand.. and the Wikipedia produced a definition of the what the motion was for.. the intent, etc. Also go to the OSCN Research, and do the "expand" function on the statutes. All the statutes that are quoted in "at you" in paperwork filed you can find what argument they are using. Funny, I got such a sense of "dogma" in the law.. trying to find a case to contradict another case, even if it is out of context.. like taking religious stuff, and using just enough of it to justify whatever rationalization. "S"... I hope you are feeling more empowered cause the impact seeing how easily the law can be used.. and again, that Hibbs site.. I hope you looked through it. And anyone else this site is helping. I am so relieved I stumbled into this site, and I thank whoever created it. It is a good forum for venting and sharing.

I submitted just the portion of my credit report that was relative...When I was on the credit report site, I went to edit, did a select all, pulled up a "write" for email. and pasted it into an email. Once I did that I could edit out the other stuff that was not relative. I also magic marked out my SSN. What collectors do is try to confuse the credit report with the dates. I found that some of the credit report sites that monitor for whatever amount a month did not have an effective format, so did not pick up the original creditor's closeout date, so they will submit to the credit bureaus whehre they appear as a credit.. BUT, the date that the item is to fall off will match the original creditor. The charge off date is usually a few months after your last payment, and I found my credit report more accurate through the free once a year site and the TransUnion report. I was served in May of last year; and if you can follow that, you can follow two other actions I am in; one with LBN and one other with another firm. I have tried to title my pleadings in such a way to help others; and if you can look at the LBN I recently answered the interrogatories and then included what I should have in the beginning. Of course, I'm refining my civil procedure skills as I go along. I'm counting on the law at the end IF THEY CAN PRODUCE DOCUMENTS THAT DEMONSTRATE THEIR ARGUEMENT, but also the statute of limitations has run. But one of my creditors tried to argue that there was a contract in place, and produced the provisions. That is not a contract. I want proof of a signed contract. I would like to see what information you have. You could figure out how to show me if you can figure out how and if you look at the documents, there is a lead there if you look. Also when you use the research mode in OSCN, you can find the statutues that will be cited to you. Anyway, see if you can figure that out because unity creates better organization. Knock Knock... Who's There??? Try it!

EJK, I just learned a valuable lesson reading cases on the OSCN. I found one that was long and lengthy and looked so right. It was a different attorney group that fought like tigers. The defendant,pro se, filed things that I never heard of and just kept saying that there was no evidence of a contract or right to sue ect ect. However, after almost 2 years, a judgement against the defendant was rendered. It looked like defendant was denied because she did not plead an affirmative defense in her answer or in her later answer to summary judgement and her arguments had no supporting statues, or documents. That is why yours was so effective! I am also doing interrogatories and also have some discrepencies on the credit report. Do we have to submit to LBN a copy of the credit report if we are going to use it in support of an argument? Or is it considered private and personal and doesn't need to be sent to them? Okie

To S in Norman. The logic of refiling, if you have looked at the OSCN site would be too troublesome for them. They cannot locate the original documentation normally, and it is not cost effective for them to do so. They depend on default judgments to sustain their money. Usually, the loan has changed hands several times by the time they get it, and they have an amount and who it was with, but no real documentation. it is a list of people and amounts by the time they get it. Also I was surprised that they mailed me the Motion to Withdraw Summary Judgment and the Dismissal Without Prejudice, but they did not file it. The court clerk said I could take it in and file it and I did, as I wanted it on record, and I did not have to want to go back and object to the judgment later. I called the Court clerk every few days to find out if it had been filed, and the hearing date was a week away for a hearing on the Motion for Summary Judgment which means that the party submitting it feels there is no need for a trial; that the facts themselves support their argument. I objected to that and of course, I know my civil procedure was off, and I will again point above to the guy from Lakewood. that is the proper Anwer to what they file. It is up to them to prove themselves to you. I've had one other dealing with LBN I'm in the middle of, where I received the Interrogatories, but had repeated a "Second Request for Validation and Request for Production of Documents" and in it requestsd evidence of their connection and authorization to collect, etc. The law is the law in terms of statute of limitations, and they may try to assert there was a written contract, but they have to prove it. And they can't cause there was none. It is an open ended agreement. Anyway, the TransUnion credit report had the closing date and repoting date. These collectors also confuse the credit bureus by filing with them, so I found the other two credit agencies did not have factual date information due to that fact. Hang in there. I will update when I know how this last fling I did goes, because I am taking the position in my response to their interrogatories that I cannot respond as I have no knowledge of the debt as it pertains to them, and used the language supplied by the Lakewood answer above, and that until they supplied me with some type of real proof other than naming an amount and a debt holder. I'd be rich if I could do that to people. write them a letter telling them I wanted to collect X amount of dollars.. please pay me. ejk

To S in Norman. The logic of refiling, if you have looked at the OSCN site would be too troublesome for them. They cannot locate the original documentation normally, and it is not cost effective for them to do so. They depend on default judgments to sustain their money. Usually, the loan has changed hands several times by the time they get it, and they have an amount and who it was with, but no real documentation. it is a list of people and amounts by the time they get it. Also I was surprised that they mailed me the Motion to Withdraw Summary Judgment and the Dismissal Without Prejudice, but they did not file it. The court clerk said I could take it in and file it and I did, as I wanted it on record, and I did not have to want to go back and object to the judgment later. I called the Court clerk every few days to find out if it had been filed, and the hearing date was a week away for a hearing on the Motion for Summary Judgment which means that the party submitting it feels there is no need for a trial; that the facts themselves support their argument. I objected to that and of course, I know my civil procedure was off, and I will again point above to the guy from Lakewood. that is the proper Anwer to what they file. It is up to them to prove themselves to you. I've had one other dealing with LBN I'm in the middle of, where I received the Interrogatories, but had repeated a "Second Request for Validation and Request for Production of Documents" and in it requestsd evidence of their connection and authorization to collect, etc. The law is the law in terms of statute of limitations, and they may try to assert there was a written contract, but they have to prove it. And they can't cause there was none. It is an open ended agreement. Anyway, the TransUnion credit report had the closing date and repoting date. These collectors also confuse the credit bureus by filing with them, so I found the other two credit agencies did not have factual date information due to that fact. Hang in there. I will update when I know how this last fling I did goes, because I am taking the position in my response to their interrogatories that I cannot respond as I have no knowledge of the debt as it pertains to them, and used the language supplied by the Lakewood answer above, and that until they supplied me with some type of real proof other than naming an amount and a debt holder. I'd be rich if I could do that to people. write them a letter telling them I wanted to collect X amount of dollars.. please pay me. ejk

To S in Norman. The logic of refiling, if you have looked at the OSCN site would be too troublesome for them. They cannot locate the original documentation normally, and it is not cost effective for them to do so. They depend on default judgments to sustain their money. Usually, the loan has changed hands several times by the time they get it, and they have an amount and who it was with, but no real documentation. it is a list of people and amounts by the time they get it. Also I was surprised that they mailed me the Motion to Withdraw Summary Judgment and the Dismissal Without Prejudice, but they did not file it. The court clerk said I could take it in and file it and I did, as I wanted it on record, and I did not have to want to go back and object to the judgment later. I called the Court clerk every few days to find out if it had been filed, and the hearing date was a week away for a hearing on the Motion for Summary Judgment which means that the party submitting it feels there is no need for a trial; that the facts themselves support their argument. I objected to that and of course, I know my civil procedure was off, and I will again point above to the guy from Lakewood. that is the proper Anwer to what they file. It is up to them to prove themselves to you. I've had one other dealing with LBN I'm in the middle of, where I received the Interrogatories, but had repeated a "Second Request for Validation and Request for Production of Documents" and in it requestsd evidence of their connection and authorization to collect, etc. The law is the law in terms of statute of limitations, and they may try to assert there was a written contract, but they have to prove it. And they can't cause there was none. It is an open ended agreement. Anyway, the TransUnion credit report had the closing date and repoting date. These collectors also confuse the credit bureus by filing with them, so I found the other two credit agencies did not have factual date information due to that fact. Hang in there. I will update when I know how this last fling I did goes, because I am taking the position in my response to their interrogatories that I cannot respond as I have no knowledge of the debt as it pertains to them, and used the language supplied by the Lakewood answer above, and that until they supplied me with some type of real proof other than naming an amount and a debt holder. I'd be rich if I could do that to people. write them a letter telling them I wanted to collect X amount of dollars.. please pay me. ejk

To S in Norman. The logic of refiling, if you have looked at the OSCN site would be too troublesome for them. They cannot locate the original documentation normally, and it is not cost effective for them to do so. They depend on default judgments to sustain their money. Usually, the loan has changed hands several times by the time they get it, and they have an amount and who it was with, but no real documentation. it is a list of people and amounts by the time they get it. Also I was surprised that they mailed me the Motion to Withdraw Summary Judgment and the Dismissal Without Prejudice, but they did not file it. The court clerk said I could take it in and file it and I did, as I wanted it on record, and I did not have to want to go back and object to the judgment later. I called the Court clerk every few days to find out if it had been filed, and the hearing date was a week away for a hearing on the Motion for Summary Judgment which means that the party submitting it feels there is no need for a trial; that the facts themselves support their argument. I objected to that and of course, I know my civil procedure was off, and I will again point above to the guy from Lakewood. that is the proper Anwer to what they file. It is up to them to prove themselves to you. I've had one other dealing with LBN I'm in the middle of, where I received the Interrogatories, but had repeated a "Second Request for Validation and Request for Production of Documents" and in it requestsd evidence of their connection and authorization to collect, etc. The law is the law in terms of statute of limitations, and they may try to assert there was a written contract, but they have to prove it. And they can't cause there was none. It is an open ended agreement. Anyway, the TransUnion credit report had the closing date and repoting date. These collectors also confuse the credit bureus by filing with them, so I found the other two credit agencies did not have factual date information due to that fact. Hang in there. I will update when I know how this last fling I did goes, because I am taking the position in my response to their interrogatories that I cannot respond as I have no knowledge of the debt as it pertains to them, and used the language supplied by the Lakewood answer above, and that until they supplied me with some type of real proof other than naming an amount and a debt holder. I'd be rich if I could do that to people. write them a letter telling them I wanted to collect X amount of dollars.. please pay me. ejk

EJK, Yes, my eyes are so tired from reading and also reviewing the OSCN site. This firm files over a 100 cases per recording county per month with 95% of Defendants just letting a judgement happen! I also came upon a site that was all about filing class actions on this type of thing but I can not remember where. I have looked thru my many saved sites but didn't keep it, yet it does exist so maybe a google would find it. Also, with the way your case was dismissed, they could refile if they obtain documentation, right? I also read one case where they, LBN, didn't even show up for court but the judge refused the Defendant's request for dismissal! Of course, the courts are making tons of money off the filing fees just from LBN. Okie

First, I hope you did run your credit report. You are in a waiting game now. When they send you their interrogatories which are intimidating. .. and it could take several month, if you don't reply, they will do a Motion for Summary Judgment. I actually did not physically sign for them, but also it is up to them to prove they have right to collect. When they filed the Motion for Summary Judgement is when I did the above. The Dismissal Without Prejudice only means they could not provide me with the evidence of any contract with me, or any original documentation. Some of the collectors will try to provide the generic provisions of the original debt holder as proof of contract, and it is not a signed contract. I did try to look up all the cases, and mine was originally filed in May of last year.. and if you just explore what is done case by case, it does take away the stigma, and then you find yourself gettng mad at how many people that are trying to recover are further victimized. I've often wondered if there is a way to do a class action against these collectors. What the guy from Lakewood wrote above is the language that I also found in some of the other answers that really helped me after the fact and is how I should have answered to begin with. If they have sent you the letter of validation, it would be a good time to answer with the Affirmative Defense. They will try to intimidate you, but bottom line is that if you do a Request for Production of Documents, and just ask for proof of a contract if they try to contend there was a written contract.. and they can't provide original documentation.. they could just let it set for months and then I noticed on other cases that sometimes even a year or so down the line that the Court will then request a disposition and it get dismissed by the court. Suggest you do search by the Attorney's name and look at cases similar to yours... Also all the information from the Hibb site is very informative. I've learned so much about my rights. And of course, I just know I fell into a bad time and could not catch up. I do wonder if there could be a class action for this type of thing for those that are illegally filing suites after the statutes have run. Please post back what happens with you. And of course, none of this is legal advice.. as I'm certainly not a lawyer, but I'm sharing information that I discovered and is accessible if you do your research. Use the search engines and just put in interrogatory format, or civil procedures, and that is how I discovered this site... The internet is such a wonderful support tool. ejk

EJK, You give me hope. Did you submit a list of interrogatory questions and request for documents from plaintiff? If so, could you post your questions and requests and the place where you found the forms? I have just received the generic validation info and suspect they will send interrogatories next. How much of that did you fill out. I read that you only need answer questions that have to do with the claim and nothing personal or provide info that you don't have. Thanks

Just an update as the information I got from this site is what helped me develope my strategy and what I needed to do. I did discover that some of these collectors in Oklahoma will dispute the 3 year Statute of Limitations claiming that a written contract is in place, and then they will supply you with the Provisions of the credit card, which has not signature. For the person that does not know civil procedure, I now know that you can search the OSCN site and find people that adequately defended their cases and it is necessary to answer the summons or a default judgement will be granted, and then garnishment proceedings started. Once you Answer, then prepare yourself by getting a free credit report from the sites that allow you one per year. Get the dates the account that is being collected closed or was sold, as the 3 year SOL starts from the last date of payment. Anyway, you can submit your own interrogatories and request for production of documents and ask for copies of the signed contract from the origianl debtor with your signature, and any copies of original payment history, etc. They could not produce it, so they mailed me a Dismissal Without Prejudice and Withdrawal of Motion for Summary Judgment. However, I kept checking OSCN, and it was never filed, though their office claimed to have filed it. The Court Clerk had no record of it when I called and gave her the case #. She said that since I had a copy of it that was mailed from Love Beal & Nixon, just to bring it in and file it, so I did. and it was recorded to complete my case. Since there was a hearing date set up for the Motion for Summany Judgement, it made me wonder if they notified me that it was dismissed and withdrawn, but since it wasn't filed, if they might have showed up and got a judgment, and then I would have had to dispute the judgment just prolonging it. So it is so important to go to your state supreme court network and track your case to make sure everything is recorded properly. THANKS TO THOSE THAT CONTRIBUTE TO THIS SITE. I credit the this site with finding the information I needed to get started to protect myself. ejk

IF ANYONE RECEIVES A DEBT COLLECTION LETTER, MAKE SURE YOU GET A FREE CREDIT REPORT. AT THE SITE BELOW. YOU CAN COMPARE ALL 3. THE TRANSUNION REPORT HAS THE DATES THAT CLOSED, RATHER THAN THE DATE THAT THE COLLECTOR BOUGHT THE ACCOUNT. THAT IS THE IMPORTANT DATE. WHEN YOU GET THE LETTER AND THE SUMMONS YOU 35 DAYS TO REPLY in Oklahoma. Does anyone know about sending letters of the type below that I found on a sharing information site that is not meant to be legal advice... but suggests YOU WILL THEN SEND THIS LETTER TO THE ATTORNEY AND ALSO GO DOWN TO THE COURT HOUSE AND FILE IT WITH YOUR CASE AT NO COST, TAKE IT AND HAVE THE CLERK FILE IT WITH THE CASE NUMBER. THIS IS NOT LEGAL ADVICE JUST DIFFERENT THINGS I FOUND ON THE INTERNET IN OKLAHOMA. I FOUND INFORMATION REGARDING LAWS AND STATUTES THAT WERE INTERESTING TO ME. THE LAW THAT PROTECTS COLLECTORS FROM GETTING A DEFAULT JUDGMENT. IF YOU DON'T ANSWER, THEY WILL GET A DEFAULT JUDGMENT AND CAN GARNISH YOUR PAY.. OR KEEP COLLECTING INTEREST UNTIL THEY CAN COLLECT. PLEASE BE AWARE THAT THE ACCOUNT NUMBER IS WHAT WILL MATCH IN THE CREDIT REPORT AND SOME CREDIT REPORTS HAVE THE DATE THAT YOUR ACCOUNT WAS SOLD AND LOCATING THE DATE THE ACCOUNT WAS CLOSED AND CHARGED OFF FROM THE ORIGINAL DEBT HOLDER IS IMPORTANT AND AGAIN, EACH STATE IS DIFFERENT, BUT INTERNET ALLOWS FOR AN INFORMED CONSUMER. AND THE LAW IS RELATIVE TO THE ORIGINAL DEBT HOLDER, NOT THE COLLECTORS. YOU CAN SEARCH VIA INTERNET TO ANY OF THE BOLD LAW REFERENCES I FOUND THAT IS NOT LEGAL ADVICE AT ALL BUT INFORMATION THAT ANYONE CAN DISCOVER ON THEIR OWN TO INFORM YOUSELF. IT IS IMPORTANT. SO MANY PEOPLE ARE PAYING MONEY THEY REALLY DON'T OWE, PLUS INTEREST, LATE FEES, INTEREST ON THE LATE FEES OVERLIMIT FEES, AND WHEN A PERSON GOES THROUGH A BAD FINANCIAL TIME, THEY ARE PUNISHED WITH BAD CREDIT NUMBERS AND THEY DO HAVE A TIME TO TRY TO SUE YOU AT LEAST WHERE AMOUNTS ARE REASONABLE.. AND IF THEY GOT A JUDGMENT, AT LEAST IT WOULD BE SUCH THAT IT WASN'T JUST YEARS AND YEARS OF OLD DEBT. KNOW YOUR RIGHTS. I FOUND THIS INFORMATION THAT IS NOT LEGAL ADVICE BUT A FORMAT THAT CAN BE FOUND ON CONSUMER INFORMATION SITES. I WOULD BE CURIOUS WHAT OTHER STATES INFORMATION SHOWS OR IF ANYONE KNOWS THE EFFECTIVENESS OF THE BELOW IN ANSWERING AN ORIGINAL SUMMONS WITH THIS TYPE OF RESPONSE.. AND OF COURSE, WE ARE SHARING AT THIS SITE. THIS IS NOT LEGAL ADVICE. Does anyone know if this is an effective reply to a summons Anyone have any discussion? Is this type of letter an effective response to an initial summons....that will shut it down with your own facts of your own account. This is from Oklahoma information and a consumer suggestion site and is not meant as legal advice to anyone, but just a sharing of things uncovered at various consumer sites. Does anyone know if this is effective? Your Name/Address Date mailed. via Certified Mail Return Receipt Requested w/enclosure Attorney that sent you letter.. his full address here. RE: Your Letter, (date here) (example information) File No. shown on their letter Account # (shown on debt collector letter and will be same on credit report Summons Served date Petition with Case Number: Dear ___________ This letter is in response to the petition alleging debt served on____________ Per your service summons I have 35 days from the service date to dispute the validity of this debt. I do not believe I owe what you say I owe therefore I dispute this debt. I am well aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and my state laws so I hope to save both of us a great deal of time by letting you know that not only do I dispute the validity of this debt, I have also checked with my State Attorney General and verified that the Statute of Limitations for enforcing this type of debt through the courts in Oklahoma has expired. Therefore, by virtue of this letter I am informing the Court of my dispute of this debt with TransUnion Credit Report that is provided from the internet site set up by the big three credit reporting agencies in the United States that furnishes a free annual credit report, as required by federal law at http://www.annualcreditreport.com/. My credit report identifies HSBC NV #5458001803023906 as the original debt holder. It can also be seen on my credit report that this account is designated a revolving credit card account, which is an open end account as stated in Title 14A, Consumer Credit Code, Article 2, Credit Sales, Section 2-108. The Truth in Lending Act is clear in defining the difference between consumer contract plans versus open end credit plans. Further, Title 12, Civil Procedure, Chapter 3, Statute 95, Paragraph 2A2 is clear that the Oklahoma Statute of Limitations is 3 years specific to open end revolving credit card accounts. The Fair Credit Reporting Act is clear in Sections 605 (C) (1) that the commencement of the delinquency begins when the first payment is missed and is considered delinquent from the last payment. The last payment on this account was 05/2002. Further, it is noted that a debt collector may continue to collect on a debt after the statute of limitations has run; however, the debt collector may violate provision of the Fair Debt Collection Practice Act (FDCPA) if he threatens to file a lawsuit after the Statute of Limitations has expired. Section 807 (5) of the FDCPA provides that collectors may not threaten action they are not legally allowed to take. This letter is your formal notification that I consider this matter closed and demand that you, or anyone affiliated with your company, stop contacting me regarding this or any other matter except to advise me that your debt collection efforts are being terminated or that you or the creditor are taking specific actions allowed by the FDCPA or my state laws. Please file the proper dismissal with the Court regarding this action. Signed

Thank you. I know that we are just sharing and this is not legal advice nor did I take it. I do appreciate the sharing of thoughts that this site allows. I have a hearing for a Summary Judgment and became aware of the admissions that were attached to it that was said to have been delivered to me. At the same time there were said to have been delivered via certified, I had a death in my family and was gone out of state for approximately 2 weeks, so not sure what the deal was, and mail in the neighborhood I live in is unreliable, as I often get mail from other streets that I put back into the mail. so not sure how that impacts this. I filed this after the hearing was set, and the hearing is next month. I wonder if this will be enough, or will I need to show up. I attached all the information that shows that the SOL has run. It is so obvious and the AnnualCreditReport.com site allowed me access to my credit report that showed the actual closing of the account, With the death in my family, I did not have time to research, and then when they are trying to get a summary judgement, I was working on getting my facts together at that time. I will got to the hearing if this isn't dismissed, but then will my facts sustain themselves at it, but I've attached everything I have as proof of my facts so to me, just at a practical level, it is clear, but I would hate to be have a judgement just because I didn't do a correct submission. If I had not been dealing with an emotional situation, I probably would have just did a response after I got what they considered their answer to my response for validation, attaching what I have in this request below. Any comments would be appreciated. Thank you. And of course this is not legal advice either but a discussion of personal events happening in my life, and I appreciate any response that I understand is not legal advice also. but just a sharing of opinions and dicussion that are internet access common sites. DEFENDANT'S REQUEST TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND REQUEST FOR DISMISSAL WITHOUT PREJUDICE COMES NOW the Defendant,________ Pro Se, and requests that Plaintiff's Motion for Summary Judgment be denied and further requests the Court order Plaintiff to dismiss without prejudice the above styled action. Defendant contends that Plaintiff's Response to Defendant's request for debt validation in the form of a letter received ______ copy attached, is inaccurate. 1. Defendant denies receipt of Plaintiff's Requests for Admission and Interrogatories attached to Motion For Summary Judgment Plaintiff received by regular mail ______. PS form 3800, Certified Mail Receipt is not a Proof of Service and has no postmark on it or signature proving mailing or receipt. 2. Defendant will show with attached copy of the facts contained in a credit report obtained through TransUnion, that ________ Account __________is a Revolving Account Type and a Loan Type designated as a credit card. Definition of a Revolving Account is found in the following: Title 14A. Consumer Credit Code, Article 2, Credit Sales, Section 2-108 Definition: Revolving Charge Account "Revolving charge account" means an open end credit plan between a seller and a buyer under (1) which the seller reasonably contemplates repeated transactions, which prescribes the terms of such transactions, and pursuant to which the seller will permit the buyer to purchase goods or services on credit either from the seller or pursuant to a seller credit card; and (2) which provides for a credit service charge which is not pre-computed but is computed on the outstanding unpaid balances of the buyer's account from time to time. 3. Defendant will show with attached copy of credit report obtained through TransUnion the facts that (name of account and #) __________ The Truth in Lending Act is also clear in its definition of a consumer credit contract versus open end credit plans. The statute of limitation (SOL) for Oklahoma is 3 years for open end credit plans that provide revolving credit which is issued via credit card. Title 12, Civil Procedure, Chapter 3, Statute 95, Paragraph 2 A states A. Civil actions other than for the recovery of real property can only be brought within the following periods, after the cause of action shall have accrued, and not afterwards: 2. Within three (3) years: An action upon a contract express or implied not in writing; an action upon a liability created by statute other than a forfeiture or penalty, and an action on a foreign judgment. Further, The Fair Credit Reporting Act is clear in Sections 605 (C) (1) that the commencement of the delinquency begins when the first payment is missed and is considered delinquent from that point on and that there is a 7 year time frame that the account will be recorded on the credit report. Plaintiff's last payment on this account was prior to _______date of account cloasing and the TransUnion Credit Report indicates that this item will be removed from her report on _______ )7 years from date of closing). Further, it is noted that a debt collector may continue to collect on a debt after the statute of limitations has run; however he may violate provision of the Fair Debt Collect Practice Act (FDCPA) if he threatens to file a lawsuit after the Statute of Limitations has expired. Section 807(5) of the FDCPA provides that collectors may not threaten action they are not legally allowed to take. Plaintiff violated Section 807(5) of the FDCPA by bringing this action against Defendant. DEFENDANT PRAYS that the Court deny Plaintiff's Motion for Summary Judgment. Further, the Defendant ask the Court to order the Plaintiff to Dismiss this action without Prejudice. Respectfully submitted, Pro Se Defendant I hereby certify that on ________that DEFENDANT'S REQUEST TO DENY PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND REQUEST FOR DISMISSAL WITHOUT PREJUDICE was mailed by certified mail to: Palisades attorneys

This is going to open a can of worms here, don't want that to happen, this is one of the problems getting advice on the internet. What works in other state, may not work in yours. all states have different rules almost all states rules: a person can serve on another party, request's for discovery, interrogators and request for admission without leave of the court. once a summon has been served. not anserwing may hurt you. this attorney counts on you not knowing the law and rules. sending the plaintiff a motion to dismiss is own law suit, won't happen. you file the motion with the court and the judge, upon getting the motion and evidence, is the one to dismiss the case. Step.1 verification ( whicn you did), step 2 sworn denial, this will eliminates the sworn affidavit of account: I'm not an attorney and this is not legal advise comes now defendant (name), pro-se and for his answer to plaintiff complaint: 1) The defendant alledges the affirmative defenses of accord and satisfaction, laches, equitable estoppell. 2) The defendant denies that he owes ($$$$) and accruint interest on the revolving charge account, purchased by the plaintiff as set forth in complaint. (paragraph ? ) 3) that the plaintiff filed this action beyong the applicable statute of limitation and defendant relies on the said affirmative defense as a complete bar to plaintiff complaint 4) defendant reserves the right to amend his answer and to assert any additional defenses or necessary counter claim (s). i deny this is my debt and if it is my debt, I deny that it is still a valid debt and if it is a valid debt, I deny the amount sued for is the correct ammount. ( now they have to call a witness and not just have a sworn affidavit of account ) Step 3) discovery, (also file your request with the court) If all you done so far is file a request for validation and have not filed your responds or answer to the complaint you will lose. you'll get people telling you all you have to do is just deny the debt and you never done business with the plaintiff, which is fine, but if the attorney walks in with an affidavit of accounts, the judge will say they now own the debt, you want that gone. any advice you get from me or any one else you need to check it with against your laws and rules, and make sure they apply for you. you can also file your own request for interrogatores and admission. i don't know what time your under to get you answer filed, but you need to do something fast

Under Federal law ssdi and social security CANNOT BE ATTACHED BY COLLECTION AGENCIES IN ANY WAY SHAPE OR FORM .... Collection agencies should know this and count on the consumer NOT KNOWING THIS .....

Just read the update and I was told my someone in the legal field, that since I did dispute the debt and they did send their own validation that does not even agree with my report and changed the status of the account to other than revolving, plus the date of activity, when my own personal last activity on it from doing the research of the statutes in Oklahoma... and if anyone searched the OSCN network and just puts Palisades Collections LLC and then just puts in for Oklahoma county only... you certainly don't feel alone anymore. I was just surprised at how many default judgments, and for me personally, when I did attempt to catch up back when... it was hard watching the late fees on top of overlimit... and of course at what point some lobbyist somewhere perked one of the bills right before it went through to exploit. It is a sad reflection of our capitalistic moral climate. Anyway, I did get mailed the Motion for Summary Judgment and may change my application, as the more I learn.. that just an Affirmative defense.. if you just google to Summary Judgment and look at the Waiekeda dictionary terms.. and then go through and look at those that did challenge their summons... I saw one poor lady that did a handwritten challenge, on disability... asked for verification, as she is on very limited income.. and has no idea.. and I know that if she is handwriting her response... that it was just a please don't do this.. I don't know what this is about.. and makes you want to go get the addresses of everyone and refer them here... This site got me searching and I am glad I stumbled into it... Anyone that has input.. step in.. I was told I could just submit my own Summary Judgment and am going to do that.. Be glad to hear what others have done.. or any referral sites... I'm still drafting.. so share information... we all need to be aware of the bigger picture..

Go to budhibbs.com / another consumer advocate out of Ft Worth Texas for this information and possibly a referral ..... Love, Beal and Nixon, PC 6613 N. Meridian Oklahoma City, OK 73123 Phone: (405) 720-0565 Fax: (405) 720-9570 Web Address: www.lbncollect.com Head Debt Collectors: David O. Beal William L. Nixon, Jr. Deborah A. Peterson Gretchen M. Latham J. Michael Morrison Bud Says... This is a law firm that gives me the impression that they don't have a clue about what they are doing. I don't have any idea what type of law this collection agency law firm practiced prior to getting into debt collections, but they may need to go back to it. LB&N appear to me, to be severely lacking in the manner in which they approach debt collection law. Their paperwork is sloppy, shoddy, incomplete, lacking in substance and (in several cases) perjured. Their clients include some of the most disgusting, sleazy debt collectors in America. This includes the ever-slimy World Wide Asset Purchasing, LLC out of Atlanta, for old 'Bank of America' cases and Colorado Capital Investments, Inc. out of Hurst, TX. Love, Beal & Nixon need a refresher course on the Fair Debt Collection Practices Act (FDCPA). Consumers dealing with LB&N need to realize that perhaps this law firm is NOT as smart as they would think, nor are the court papers they file, always accurate. Legal debt collecting is NOT for anyone who has a law license and looking for easy money. There is some skill, knowledge and experienced required to become a successful litigator, an area where LB&N appears to be sorely lacking. If you are being sued by Love, Beal and Nixon on anything associated with Bank of America and/or Worldwide Asset Purchasing, DO NOT ignore their court summons. They are hoping you will lose by default, when you may be able to show them you are smarter than they are. Having a law license does NOT necessarily mean that you are smart. It just means that...you have a law license! budhibbs.com Palisades Collections, LLC aka/ Asta Funding, Inc. 210 Sylvan Ave., ZIP: 07632 Englewood, NJ 07632 Phone: 800-991-9367 Head Debt Collectors: Arthur Stern - Chairman Gary Stern - President & CEO Mitchell Herman, CPA - EVP, CFO, Secretary Web address: www.astafunding.com Bud Says Also known as Asta Funding, a publicly held organization worth a LOT of money. Palisades Collections, LLC is their bottom feeder entity collecting on old, worthless accounts. Their up to now good reputation, is being flushed down the toilet with the illegal activity of Palisades. Purchasing old debts is okay, however the law is quite clear that you must accurately report information on credit bureau reports. Palisades Collections apparently is not aware of that law. The complaints we receive on them are for a lot of accounts out of statute, changing the dates of last activity on credit reports and grossly inflated accounts. This could be construed as an attempt to inflate their portfolios to Wall Street to make them look better than they are, NOT an uncommon practice for a bottom feeder. Palisades Collections needs to be confronted at every step with demands for debt validation. All of their tainted credit bureau reporting should be disputed; court suits MUST be vigorously defended. Challenge each and every document they file, assume they are bogus and manufactured. Palisades appears to be engaging in a lot of illegal collection activity and credit bureau reporting, they deserve to be sue at every opportunity by consumer law professionals. Read how these greedy bottom feeders are making a fortune based on the misfortunes of others from their own website: corporate-ir.net/ireye/ir_site.zhtml?ticker=ASFI&script=700 I recommend you utilize the experts at: naca.net to go after these deep pocket icons of American enterprise. Let owners Arthur Stern, Gary Stern and Mitchell Herman know what you REALLY think of them and their dumpster diving business. budhibbs.com