To anyone who can help....
I defaulted on a CC (Cap1) approx 2yrs ago due to financial situations ( I have cancer, my mother had broken her neck, etc)...I got a letter from [url=http://www.debtconsolidationcare.com/collection-agencies/answering-machine.html]united recovery systems[/url] back in July 2008 regarding this debt. I within 2 days, sent a debt validation letter. Never heard another word.
Last week, my friend was snooping around Okla Supreme Court Network (OSCN) and found that a lawsuit was filed against me on Nov. 13th, 2008 by "law firm" Love, Beal & Nixon in Okla City. It states that it will be served by private process server. I have never received any letters from them, no phone calls asking about the debt...nothing. I still haven't been served.
Would it be in my best interest to go to the court house, as for all copies of what was filed, answer it before I am served?? i noticed another lady did this before she was served (by the same firm, filed the same day as mine) from my research, they filed approx 10+ suits that same day , and on average it's taking 2-3 months to be served.
Also, can I then write the Firm asking to validate the debt, send a copy to the court (EVERYTHING Certified to everyone Of course)? After that, I need to file a motion for discovery?? How soon can I do this?
I would appreciate any help on this. I'm going to fight this, I never signed anything with this Firm and they have given me no services, loaned me anything...etc.
Thank you friends....
Peace! PamSphere is so poor, her Welcome Mat just says Well......
Sphere is so poor, she can't even afford an idea! Reason for Editing (Minimum 15 Characters)
Asked on 3:22 pm Dec 2nd 2008
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thank you, but maybe I wasn't clear enough. I have yet to be served the summons, however I want to go to the court house and get copies of everything [u]before [/u]I get served so I can get all my info prepared and ready for the answer to summons. I want to stay on top of this 100%.
Also, if I've never been previously contacted by them, they have not used all methods to collect before filing suit, will this show malicious intent to the judge, or at least make them look like money grubbers, filing suit before even contacting me?
What about URS who had the account, sent me a letter and I sent a DV letter certified back, how do I find out if they sold the account to Love, Beal & Nixon? It seems really quick this new "law firm" has the account right after I sent the DV letter to URS.Sphere is so poor, her Welcome Mat just says Well......
Sphere is so poor, she can't even afford an idea! Reason for Editing (Minimum 15 Characters)
Answered on 7:45 am Dec 3rd 2008
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ok, here is the deal...
first you need to know who is suing you. If it is the same debt collector that sent you that letter, then you have grounds for dismissal--you will be able to show that they violated the fdcpa by filing the lawsuit because they ignored a timely DV letter in the process. Chances are, though, that this is another debt collector, or maybe even the original creditor. Thats why you need to know who is suing you. love, beal and nixon are the attorneys--check to see with the court clerk's office who the listed plaintiff is, or you may be able to find that out on the website. If it is the same as the people who sent you the letter, let us know.
also, do you have proof that you sent that DV letter? if you sent it certified mail, and hopefully you did, do you have the green card still? If so, there's the proof you will need to show that they are in violation. but remember, a DV request is only binding on the specific party you sent it to--any other debt collector isnt bound by it.
As for the lawsuit, the law doesnt require them to take any other action before suing you--they have the right to bring suit any time they see fit. doesnt mean they are in the right, or that they will win, but they do have the right to file without notifying you first.
what you also need to do is look up your state's rules of civil procedure--these are the process serving laws. For example, most states put a time limit on how long they have to serve you the summons once they file a complaint with the court. After that, the complaint is null and void, and they would have to start all over to sue you again. these are things that you should brush up on before you file an answer, or head to court for any reason, just to protect yourself and your rights.Reason for Editing (Minimum 15 Characters)
Answered on 2:10 pm Dec 3rd 2008
Anonymous
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united recovery systems sent the letter back in June. I have the only letter they sent. It was for the amount of 1620.95. The last billing statement I have on record from Cap 1 shows a balance of 1471.10. thats a difference of 149.85.
I sent a DV letter to United on July 15, cannot find my green card for that. but I saved a copy of that letter and stapled it to the Original letter from United. Heard nothing back, have been waiting on a response. Nothing.
Then, my friend found my suit on OSCN at the end of Nov. It was filed by Love, Beal & nixon on Nov 13th. It lists the Plaintiff as Capitol One Bank. Says Represented Parties, Capitol One Bank, atty is William L Nixon (Bar#12804) Love, Beal & Nixon.
My confusion is....if Capitol One placed it with United Recovery Systems, they sent me a collection letter, I replied with a DV letter. Then 4 months later, LB&N has filed suit...how did the account transfer from Cap 1, To united, to LB&N. The amount LB&N are asking is 1704.16. (Another 233.06 difference from Cap 1 amount) + attys fees, court costs I'm sure...etc...Where are all these fees coming from? Can they do that? Can I ask for Original documentation, or chain of custody from the second the account opened, etc. Seems odd that LB&N didn't allow me the opportunity to send them a DV letter...I'm sure they don't have to...but it would have been nice that I can validate it. I've had ID theft many times....and I want to be 100% certain of a debt before I admit/pay anything.
If this doesn't go well in court, can I ask the court for mediation on this matter? Or would that be dumb?
I know for a fact that Okla SOL on CC debit is 5 years. My last statement I have from Cap1 is from Jan 08.
Thank you for your help. =)Sphere is so poor, her Welcome Mat just says Well......
Sphere is so poor, she can't even afford an idea! Reason for Editing (Minimum 15 Characters)
Answered on 8:17 am Dec 4th 2008
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Maybe they obtained an arbitration Jmt.
does the link on The Ok Court Network say CJ or CV? or something
else. ...if its not an arbitration Jmt then you should've been served
the documents on the Ok court network should be available.
Sometimes process servers service the wrong address. Maybe that's what happened. If so you need to get this before a judge & have this dismissed...& if LBN wants to pursue further they need to provide
original creditor application ...signed
billing statements
debt validation... & then some..they must prove this is your debt.
Especially if you've had identity theft.Reason for Editing (Minimum 15 Characters)
Answered on 9:47 pm Dec 29th 2008
Anonymous
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Vee, not it's civil. Most of the suits they filed on the sae day as mine haven't been served yet...they take forever to get to all of them, probably because they filed over 200 that day. Insane I tell ya.
With OSCN, those lazy chicks don't scan in court docs anymore. You have to go to the courthouse to get the copies. Now if were another county...you can pull those up all day. I don't like going up there unless necessary because I get handcuffed over some lady with my same info who has kids that didn't go to school...blah blah..needless to say..they always arrest me over it and it's a long wait to get it all fixed. And being I had Cancer when I was 25 and now 35 and can't have kids...it's a crazy mess. I kinda suspect this lady might be getting stuff with my info...I don't know. Last I knew it was a girl using all my info over in Okla City...either way...this is a stinking mess.Sphere is so poor, her Welcome Mat just says Well......
Sphere is so poor, she can't even afford an idea! Reason for Editing (Minimum 15 Characters)
Answered on 7:06 am Dec 30th 2008
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My parents had a vehicle they could no longer afford (due to my dads disability and couln't work anymore) and after one missed payment the loan co. told them they was going to repo it. My dad told them to come get it and they did. The car was resold, but they didn't get out of it what my parents still owed, which was just under $3,000. They just received a summons from Love,Beal & Nixon and have 35 days to respond. After speaking with an attorney and was told if my parents ever sold their home or if they died the money owed on the car would be taken from the sell. Or if LB&N chose they could take money from my parents checking acct. Both parents get Social Security and have many medical bills. If LB&N take that my parents will have nothing to live on each month. My dad offered a deal with LB&N to pay $1500 to settle (he would have to borrow that), but they refused the offer. Since the car was actually repossed, do my parents have to pay. They have not been told how much the car resold for, only that they didn't get what was still owed, however, thats the amount they are being asked to pay. My dad said if he had the money to pay the balance he would have kept the car! Is all this info they have been told true?Reason for Editing (Minimum 15 Characters)
Answered on 7:49 am Jul 31st 2009
Anonymous
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I received a paper claiming that Midland Funding Llc has a lawsuit on.I checked with the courts and they verified that i did.Plaintiff is BankofAmerica how can this be.The letter they sent from some attorneys office has Midland Funding Llc on it . I have three credit cards i could not pay after KATRINA hit MISS.They have been charge off.My question is,is it possible the can the original creditor sue after the dept is charge off?They said i have a court date and i have not received a Summons yet .I need help don't know whats the next thing i should do to fight this lawsuit.
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Answered on 7:47 am Apr 9th 2011
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