Summons Served!!!

Something's fishy here.

All penalties and late fees??? On what, precisely? What state do you live in, who is the original creditor, and who is the law firm that is suing?

This is a old Bank of America CC acount, I am in the State of Oklahoma, I have a statement from 'Sunrise Credit Services Inc', showing a balance of $3332.62 with Account Balance of $614.42 and other charges of 2718.20. But the company who has the account now is 'Midland funding llc' and the law firm is local 'Love, Beal & Nixon'. Now I have made some payments to the law firm on this account so the nimbers are a little off...

Midland is a junk debt buyer, first and foremost. There's a 99% chance that they bought the account outright from BofA or another JDB. Probably for no more than 5 cents on the dollar of that $614. Midland is that stuff that grows just under slime. Love, Beal, and Nixon are in the same category.

How old is the debt [when did you make the last payment or charge on it before Midland got it]? And when did Midland and their pet lawyers first contact you? Were you ever given the opportunity to dispute anything with them? Were you even apprised that you had that right, or did they just go straight for the throat?

Above all else, go to court! If you don't, they'll rob you blind, sure as the sun comes up in the mornin'. The fact that you've been making payments may well hurt you, but I'm curious as to the how of it. If you can show that you were bullied into that payment agreement, the court may well not hold it against you.

I'm not big on the niceties of how to word legal documents [go figure, I'm an Internet consultant, not a lawyer]. But there are some examples here that may well be of assistanvce. These are for an Oklahoma court, in a case dealing with LB&N.

forum.freeadvice.com/debt-collections-84/dealing-w-love-beal-nixon-252645.html

You can also find more specific examples by reading the Oklahoma Rules of Civil Procedure. They're available online, and they're the definitive rulebook for how court cases in the state are handled. You should also read up on LB&N at ripoffreport.com and over at Bud Hibbs' site.

Best of luck. Let me know what else you need.

Also, I'm moving this to the Creditors and collection agencies board. It oughtta get more action there.

Hey Unclewulf thanks for all the input it has really helped...
I found a sample of a 'debt validation' letter here, I assume this is what I need to send to the lawyers office... But what do I need to send to the Court Clerks office??? The summons says I need to respond in writing to them as well... Anyone know what this response letter should read like???

At this point in time you need to concentrate on answering the summons and complaint. You will need to ask for validation thru the Discovery process. Research OK's Rules of Civil Procedure to make sure that your responses are in the proper format.

OKLAHOMA

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You will find the Payday loan laws OKLAHOMA here (just select your state),

http://www.debtconsolidationcare.com/paydayloan/explain-pdls-laws.html