can anyone answer a question for me please?

quick question,

old Cap1 debt.
Not out of SOL in Okla
acct placed in July with united recovery systems
I sent DV to them, no response. Sent 2nd certified.

Nov. 2008, suit filed in tulsa, ok court from Love Beal & Nixon, on behalf of Cap 1 - I have NOT been served yet
Never knew the acct went to Love Beal & Nixon until suit filed, no previous letters, calls...etc.
(The account in default approx 1yr,1month.-I tried to work out payment arrangments with Cap 1 but was told I had to pay the balance in full- I offered 100 per month to Cap 1 but they refused)

Called Cap 1 to discuss with them and get print out of my account, they stated the account was sent to an attys office, that I have to get the records from them. They have no access to those records. I made notes of who I talked to and the times. They kept refferring me to the attys office, giving me the phone number.

So, I'll answer the summons.
I'll answer the admissions & inter. as per the court.
I'll send my own admiss & inter....

Does anyone know in Okla, if you ask for strict proof thereof, if they must provide an account history? I've been victim of identidy theft before and want to double check the charges, fees-Is this my right??
I have asked Cap1 for this prior to all this, yet never got anything in the mail...(they said they have to mail all account print outs)

Since there was no previous contact...a DV to Love beal & nixon will do no good at this point, it must be asked in the discovery phase? I have no problem doing my research and logging the man hours to do this....I'm just a little confused, most places at least send you one letter saying hey you owe us or else. Could it be that United Recovery told them I asked for it with them, so they just decided to file suit.....

any thoughts please.....

When you get served, answer the summons and neither confirm nor deny the debt without sufficient documentation. Make sure you also state that you sent a debt validation to united recovery systems and never got a response and then was sued.

Find out from the court house if there is a paper to file and Request production of documents. I would also serve Love Beal and Nixon Interrogatories. Search around on them there is a lot of dirt on this company. If you can find lawsuits against them, include it in the interrogatories and they will have to confirm or deny it. Check the BBB and see the rating they have. If it's a poor rating, print it up. You want to show the court they have a poor reputation and hopefully it will work in your favor. Most likely they do not have any documentation.

Original contact, Complete account history, license numbers of the person they are collecting for, if it is United Recovery Systems, Ask for whatever you think can help your case. If they can't produce these documents within the certain time frame, you can motion to dismiss, with prejudice.

Also ask how much they paid for the debt in question. Most likely they paid 8 cents on the dollar. So if they paid $160 for a $2,000 debt, They can only sue you for $160. It is a lot of legal terms involved, Volenti non fit injuria, unjust enrichment and contributory negligence.

You are basically saying that they take a risk by purchasing debt for pennies on the dollar with hopes to make their money back. Because of this risk they cannot sue someone for it. if the Volenti can't be proved then it's contributory negligence. Paying more than what they paid for the debt is unjust enrichment.

Most likely if you fight back they might dismiss the case themselves or they won't do anything for a while and let everything lapse then you can motion to dismiss.

I am not an attorney but this is what I would do.

well thank you soooooo much for answering those. That is very kind of you to inform me...

Love Beal & Nixon brought the suit in Nov. I was still waiting to hear from United recovery from thier first letter back in July. I have since sent another DV letter to them and sent it certified as well. The first letter I sent them was certified, however the green card was lost.

I guess, my question would also be, when I called Cap1, they told me that my account had been "sent" to love, beal & nixon....okay, so how did United have it back in July? And since I did ask for DV from United, how will that help me now with Love beal & nixon? Sorry I'm being so stupid...but I am very frustrated on why Cap 1 refused to work with me in the first place.

I know that this same lawyer filed in 2 days time in Tulsa co, over 400 suits for debt. that would qualify them as a collection agency wouldn't it? I bet so.

But if I do print out bad stuff about them....that really won't help because the suit will be the question of if I actaully owe it or not.

What about contract laws, if the contract from Cap 1 transfers to thier assignee, do the assignee have to be able to perform the same functions as cap1 bank does? Or is that a stupid question?

One more...really, I apprecaite your help...I honestly do. Do they have to disclose in the discovery process how much they paid for the debt, or will they attempt to use some weird loophole to not answer that? I want to word my documents correctly, as to make them show strict proof of me oweing them.....

Again, thank you....it's very nice to have help from a new friend!

would it be in my best interest to send a request to Cap1 asking for an account work up? When I called them, the lady I spoke with stated they no longer had the account, it had been sent to Love Beal & Nixon....so, cap1 can't give me the entire account info now?? weird....

OK what probably happened was originally it was sent to United and then United sent it back to Capital 1. Capital 1 then sold it again to Love Beal.

Regarding the contract, some states will require it if you question it. If they can't produce it, then they really have no proof you owe the debt. The debt collector has to abide to the Fair Debt Collection Practices Act and if your state has debt collection laws, them also.

Love Beal and Nixon IS a debt collector.


If you request production of documents they should have to tell you haow much they paid for the debt. Otherwise you can motion to compel. You want the agreement between Capital 1 an LB&N. If you bring up defenses that they only paid say, $60 for the debt and if they don't have a signed contract by you, then they can only sue you for the $60 and not attorney or collection fees. It is Unjust enrichment.

Research these terms on Wikipedia,,,,volenti non fit injuria,,,contributory negligence and unjust enrichment. You will see what I mean. The judge might ask you what they mean to test you so study them. It is the perfect defense against debt collectors.

Sending request to Cap 1 is useless. They have no control over the account anymore most likely and if they did you are in the middle of litigation so you can only contact their attorney.

Lastly you can research Love beal and nixon if you would like. I just say that people are afraid in court and get pushed around by this scum. You want to know their reputation and be able to show in court how the are conducting business at an unfair advantage.

hope this helps.

You should also countersue them for suing you when you have demanded validation from them. That is considered continued collection activity. By law they had to provide you with documentation before they sued you. You can do as suggested above, force them in court to validate, through discovery. You can force them to provide this information, or you can motion to dismiss.

Thank you Goldenbast, but I never had contact with Love Beal & Nixon before they filed a lawsuit. I have been waiting to hear back from United Recovery.

I also pulled my credit report yesterday and I have some collection agency on there for another account it shows the account with them as open. I've never heard of them before nor have had any contact with them, 'portfolio recovery associates'. It was from HSBC for 545.00, and it says on the report "transferred or sold to another agency" So, I guess I can't contact HSBC and pay them off, yeesh...this is such a mess.

Find out who they are representing..they may be representing United Recovery.

they say Cap1, and when I called Cap1, they said the account was "sent" to Love Beal & Nixon.

weird I ask for DV from United, then months later sued by LB&N with no letter of collections...nothing...I've saved all the letter from United and what I've mailed them cert. Maybe the judge will take that into consideration, but doubtful.

I reviewed my credit report, I have Portfolio recovery assoc. on there as well, they have been the ones calling my cell for the past two days and not leaving a message. (If I don't know the number, I don't answer) So, I wrote my DV letter to thier corporate address and sent it certified today on my lunch hour...hopefully that will help that matter.....

yeesh...all of this mess for less than 3000 I should just say screw it and try chapter 13....this is terrible!

this is what I found on the BBB about them:
Business Contact and Profile

Name: portfolio recovery associates, LLC
Phone: (757) 519-9300
Address: 140 Corporate Blvd.

Norfolk, VA 23502
Yahoo Map
Website: http://www.portfoliorecovery.com
Original Business Start Date: March 1996
Principal: Ms. Cynthia Robbins, Senior Associate General Counsel
Customer Contact: Ms. Judith Scott, General Counsel - (757) 519-9300
Incorporated: April 1996, DE
Employees: 1400
TOB Classification: Distressed Debt Purchaser <~~
BBB Accreditation: This organization is a BBB Accredited business.
Additional DBA Names: PRA III, LLC
Anchor Receivables Management

just weighing in.have been to court yet or is this still in the threatening legal action stage.if there is a summons answer it or show up.despite what some have been posting lately.going to court isn't such a bad thing if the CA won't work with you or validate.if there isn't yet,then you did the right thing by sending a DV letter.save those green slips for proof you sent them.i don't see where the judge will just rule in there favor.shazzers actually had a default judgement vacated and won against ARROW.a bottomfeeder collector.3,000.00 i would look into a consumer attorney and counterattack before CH13,but that's just me.

actaully Paul, I've not been served yet...but I know it's coming, It's listed on OSCN (our court thingy) with my name on it. I never had any previous contact with Love beal & Nixon prior to them filing suit...I think maybe they already knew I'd send a DV letter like I did to United recovery...they went straight for the throat....I have no idea how to defend it since I didn't get the opportunity to address it prior to a lawsuit....maybe the judge will consider that in this case...doubtful, but I am hopeful...LOL

Thank you for your input as well. I appreciate you taking time to talk with me about this.

there are a couple of ways to approach this.you can.

a)ask for validation during discovery as goldenbast advised or
b)respond before being served.that you never heard from this CA and want to prove they have rights to it.

i suggested the consumer attorney,because it does sound like these two places are connected and are attempting to get around the validation.this happens alot with bottomfeeders.there can be more than two that are intertwined playing collection ping pong with your debt.

thanks....I am looking into representation. How exactly can I respond before being served, just go to courthouse, get copies of the suit, then file my answers? Or am I wrong?

I'll be calling around to attorney's tomorrow to see if anyone can help. Thing is, I'm broke...my "welcome" mat just says "wel"....I work part time, not the 40 hours I used to last year. have a part time (cash) job on the weekends, but that is every now and then, nothing perm. if I had money like that I would have paid it off no prob.

I had an eye disease last year...cancer before that (which I can't do anything else because I can't afford the appointments)...no insurance and had to pay for surgery out of pocket...yea, that was a pretty penny...I just now am to the point I can make monthly payments...and whammo...smack with this stuff...ugh..

as one guest said file INTERROGATORIES.make them show something that entitles them to collect much less sue.you should be able to do this before the court date.by the way,you said you weren't served yet but know it's coming.sounds almost like they are trying to get a default judgement.just my .02.

I agree Paul they could be playing dirty. I would go to the court house as soon as possible and tell them you have not been served anything yet. And as I mentioned earlier get ready to serve them with interrogatories and request for production of documents.

I answered the Interrogatories, request for documents and request for admissions on the debt collector who is suing me for a debt that is not mine. I also sent my interrogatories and request for production of documents. It cost me $12.00 to mail it and they got it in a day. I mailed it Monday and got the green card back today.

I can't wait to see what they come up with now,lol.