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Summons received by Love, Beal & Nixon

Date: Mon, 09/17/2007 - 04:23

Submitted by anonymous
on Mon, 09/17/2007 - 04:23

Posts: 202330 Credits: [Donate]

Total Replies: 16


Sorry, posted this in wrong section earlier!

I received a summons by Love, Beal & Nixon concerning a credit card debt. This credit card was set up in my name, but was not done so by me, nor do I know who it was. I have responded to the summons and petition in writing and sent a copy back to Love, Beal & Nixon and a copy to the court house, along with a copy of the original summons itself. What I find odd about the whole situation is the summons was just left at by door, rolled up and tucked between the door knob and the door frame. It was not sealed in an envelope, or even hand delivered. The section on the summons where it states 'Delivered on _______ day, of________, _______. The entire section was not even filled in. Had this summons been subjected to the elements (i.e. wind, rain) I would never have known of its existence and been allowed to dispute it. Furthermore, it was delivered 55 days AFTER it was issued. I find this very crude and unprofessional. In my response to Love, Beal & Nixon I requested to see the documents of this debt and requested to see my hand written signature on the enrollment form for this debt. I also noted the method in which it was delivered, in the copy back to the attorney's and to the court clerk.

Does anyone have an opinon about this and advice?


Hi guest. I think you are right to consider the validity of this summons. It IS strange that they would just leave it in your door jam and consider it as being served. I'm not an expert or anything on this subject, but someone will be along shortly who can help you more. Just wanted to let you know you are not alone here and that we are all here to support you. :-)


lrhall41

Submitted by eleroo on Mon, 09/17/2007 - 05:28

( Posts: 1220 | Credits: )


Did you ever file a police report about the account that you did not create or give permission to be opened? That is one of the first steps you are going to need to take to get this resolved. You just can't say that's not mine and that's the end of it. The creditor on that card will also be sending you a fraud packet as well. The reason they want a police report from you is because it is illegal to basically lie about something like that to the police. So after they do a fraud investigation they are going to have everything on file.

You also need to check your credit report for anything unsual and also get those included in the report. ID theft can take a long time to recover from. You need to get started on this right away.


lrhall41

Submitted by FYI on Mon, 09/17/2007 - 06:04

( Posts: 1950 | Credits: )


I also was served and got a default judgement. Upon getting the judgement i went into the court house and got my case file and i remember reading in it some where that i must be personally served! Sounds to me that you've done what you needed to do to take care of this matter! At this point beside maybe getting ur case file from the courts I'd think ud sit back and wait to see what happens. Have u ever filed a police report on this credit card since u say it is not urs? If so, u may want to send a copy of it to the law office or if not u may want to do this now.
Good Luck and let us know how it goes,
Ang


lrhall41

Submitted by Ang on Mon, 09/17/2007 - 06:04

( Posts: 2306 | Credits: )


[left:9dfb883adb][center:9dfb883adb][right:9dfb883adb]I have retained Myong O Chung Attorney At Law DUE TO THE HARRASSMENT NATURE IN WHICH A DEBT IS ATTEPTED TO BE COLLECTION IS OCCURRING. Please, Be advised.
Thank you,
[color=Red]Steve Lopez[/left:9dfb883adb]Home Number removed for your protection (Sound Familiar?)[/right:9dfb883adb][/center:9dfb883adb]


lrhall41

Submitted by on Fri, 02/29/2008 - 14:27

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I'm going to work real hard on getting your Collection Agency to stop HARRASSING me by calling my home# (removed for your protection). Steve xxxxx1692 d(5) Caused the phone to ring or engaged any per
1692 f(1) Attempt to collect any amount not authorized by the agreement creating the debt or permitted by law son in telephone conversations repeatedly
1692 i(a)(2) Brought any legal action in a location other than where contract signed or where consumer resides
j ????????Deceptive Forms by Creditor
???? 1692 j Forms been designed, compiled and/or furnished to create the false belief that a person other than creditor is collecting.
1692 g(b) Collector must cease collection efforts until debt is validated
i ????????Legal Actions


lrhall41

Submitted by on Fri, 02/29/2008 - 14:35

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Welcome to the forum Mr. Lopez. This is debt consolidation Care, we help people deal with collection agencies and are in no way affiliated with Love, Beal, & Nixon. I am glad to hear that you have retained an attorney's services and I wish you the best (or should I say the most $) in your suit.

Be sure to file for punitive damages as well as statutory, if they try to file counterclaim for the debt in question request validation of it during discovery, if they cannot validate motion to strike their counterclaim.


lrhall41

Submitted by JCEMT on Fri, 02/29/2008 - 15:52

( Posts: 2934 | Credits: )


I just received a court summons from LBN (36 days after filed)
After checkingi my credit report, I realize that I was out of SOL for repayment until a payment was posted on this account in April of 2008. Guess what- thats the same month as LBN acquired this account!! I know I didnt make the payment. Do you think its possible that they couldve made a payment on my acct. do kick me out of the SOL?!


lrhall41

Submitted by on Sun, 09/07/2008 - 11:09

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My daugther contacted me and told me that someone knocked on the door asking for me, I was not at home due to serving our country, she said she asked if she could help the person and they asked for me again, when she said I was not there they left the summons under the door,... Is that legal. I
am also seeking an attorney due to my personal status being away in the military. I am glad that I'm learning about the reputation of these attorneys or company..but as one who defends our liberties I certainly am going to pursue some legal counsel and not just let them take advantage of me. I know I have rights as well. If you have advise please write me back


lrhall41

Submitted by on Wed, 03/18/2009 - 04:21

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I am an attorney in the OKC area that has dealt with Love Beal & Nixon in the past. If you are interested in getting more information, please contact me.
Solicitation Deleted per TOS - Register with NACA.net and you can post your contact info.?? Looks like you're only here to troll for business, NOT to help consumers - NASCAR_Devil
??
Please be prepared to answer the following questions:
1) When did you receive the petition and summons?
2) If you have already received the petition & summons, have you filed and answer?
3) If you have filed and answer, did you have an attorney do this for you?
4) If you had an attorney do this for you, is this attorney still representing you? If so, I will not be able to discuss your case with you as I cannot communicate with already represented parties.
5) If you filed and answer yourself, have you recieved any discovery documents? Such as Interrogatories, Requests for Production of Documents, Requests for Admission?
6) If you have received discovery documents already, how long have you had them?
If the prior questions do not apply to you, then answer these:
7) In which county was this case filed?
8) Has a default judgment been entered against you?
9) Did you have any knowledge that you had been sued?
10) If you had no knowledge, how did you learn of the default judgment?
11) How long ago was the default judgment entered?
There are certain circumstances where a default judgment can be set aside, but in many cases, there are strict time limits as to when this can accomplished.
It is in your interest no matter what stage you are in with litigation to contact an attorney as quickly as possible.


lrhall41

Submitted by on Wed, 04/01/2009 - 16:33

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