Oklahoma court question.

[circuitboard]

I am being sued by a scum law firm, love beal and nixon for a credit card account, that I never opened. I have asked for verification several times of where the contract is that I supposedly signed. Nothing. So they served me. I am not a lawyer, but I did some research and typed up an answer within 5 days. Sent certified mail and filed with court. The case has been sitting since September. It does say assigned to judge. No assigned court date or response from lbn.... what is up with this case? Anyone with knowledge on this would be helpful.

Also, they are sending me letters asking me to call them to discuss this exciting payment plan offer?? WTF....You are suing me right now? I feel like this law firm is completely unorganized.

[PennyQuilts]

Procedurally, that sounds like how we used to do it. It has been a long time. Are you going to call them?

[circuitboard]

Procedurally, that sounds like how we used to do it. It has been a long time. Are you going to call them?

I was not planning on it. I have read horror stories about this law firm. Everyone says the people who answer the phone are extremely rude and will just ask you over and over for payment. I just don't understand why a case just sits if I have answered the summons. Shouldn’t it be dismissed or a court date set?

[PennyQuilts]

I think the court takes the position that it isn't high priority if the parties aren't pushing for a court date. The idea is that filing the case gives the creditor some legal rights and catches the attention of the debtor. Alleged. It also gives the debtor an incentive to pay up beyond just doing the right thing. Waiting until they set the matter for hearing allows the parties to often work it out. At least that's how it used to be when I did some of this, many years ago. It may have changed. I hated debt collection. I would rather poke my eyes out with a knitting needle.

I hope it works out.

[circuitboard]

I think the court takes the position that it isn't high priority if the parties aren't pushing for a court date. The idea is that filing the case gives the creditor some legal rights and catches the attention of the debtor. Alleged. It also gives the debtor an incentive to pay up beyond just doing the right thing. Waiting until they set the matter for hearing allows the parties to often work it out. At least that's how it used to be when I did some of this, many years ago. It may have changed. I hated debt collection. I would rather poke my eyes out with a knitting needle.

I hope it works out.

Thanks Penny, that makes sense. I will just wait it out and see what happens.

[kevinpate]

they served.
you answered.

whether you're now in an active discovery period regarding existing documentation, and/or seeking to narrow any issues, Or, are simply in limbo will depend on just how interested one or both sides wish to be in moving toward a resolution of the matter.

[circuitboard]

they served.
you answered.

whether you're now in an active discovery period regarding existing documentation, and/or seeking to narrow any issues, Or, are simply in limbo will depend on just how interested one or both sides wish to be in moving toward a resolution of the matter.

So all I am getting from them right now is random letters saying, call us to discuss payment options or pay us off with your taxes. None of this applies to me and I do not wish to talk to them on the phone. Should I file a motion to dismiss or validation of debt?

[PennyQuilts]

Circuitboard, I hesitate to say this because I really, really, really don't want to risk practiciing law in this field. But what I'm thinking is that is you are at risk to get into a very typical mindset - you don't want to talk to them, etc. At a certain point, it becomes the common reaction of denial when debt is concerned. You've answered and you are discussing what response would be appropriate so I don't think you are there, yet. But just keep in mind that it sure doesn't look like this is going to go away. Certainly not by ignoring it. You answered and but refused to call them back (because they are rude, you don't trust them and you don't want to - all emotional but not practical reasons) but unless you do something else, they will likely make the next move and that puts you in reaction mode and on the defensive. I'm just saying. At a certain point, you'll run out of time and then your options get more limited. You aren't playing in your own stadium. They do debt collection day in and day out. They're pros and you are not only an amateur but you have a personal stake.

These are just general statements that amount to, "Don't bury your head in the sand." You might want to consider getting a lawyer tp protect your rights. Seriously.

Kevin, can he serve a discovery request on them for a validation of debt?

[Midtowner]

I'd hesitate to call Love Beal and Nixon scum. They're a collections firm and they do a pretty darn good job. That's why everyone from St. Anthony's to the payday loans places use them. As for your situation circuitboard, your response and course of action should be determined by what sort of action they filed. With collections cases, whether it's an SC, CS or CJ case makes a big difference as to the procedures you're supposed to follow and whether (and what sort) of discovery there's going to be.

I can tell you that going toe to toe with these guys might be a wee bit difficult with no law training. In a case like this, knowing things like the rules of evidence, civil procedure and courtroom procedure make a big difference.

The good news is you don't need a Clarence Darrow to save your bacon here. Heck, you might just go to someone who offers a free consultation, let them tell you what to do and then go on your merry way.

[circuitboard]

I hear what you guys are saying. I feel confident to fight it on my own and to be honest LBN has made it easy for me. Because they are so shady, there is information all over the internet about them across the nation, not just for OKC. Many cases they have no documentation of the actual debt and several cases the debt is beyond the SOL. You can read online how many people have beat LBN just with simple answers. This law firm depends on people that will freak out and not answer the summon and get a default judgement. I answered the summons the day I got it. Literally. I think they are confused. Something you could answer for me. If they are so confident they have evidence and so ready to get there money. Why don't they set a court date? I have never answered the letters they send in the mail, for months on in. What are they waiting for if they are so confident? Also it is a CS case.

[PennyQuilts]

Circuit, you are engaging in some mind games and they probably aren't actually playing the same game. I suspect they are doing this not because of the relative weakness or strength of your particular case. You're probably not much more than a file to them and they are just doing it the way they typically do it. Don't underestimate them because you don't respect them. Just be careful.

[smooth]

Circuit, you are engaging in some mind games and they probably aren't actually playing the same game. I suspect they are doing this not because of the relative weakness or strength of your particular case. You're probably not much more than a file to them and they are just doing it the way they typically do it. Don't underestimate them because you don't respect them. Just be careful.

I haven't had personal experience with these clowns, however, I know people that have. They are suers. They will call you to the point of harrassment, then sue you. If they do, honor the summons and try to negotiate. If you really have a case, request a jury trial and let a jury decide.

[Bunty]

I am being sued by a scum law firm, love beal and nixon for a credit card account, that I never opened. I have asked for verification several times of where the contract is that I supposedly signed. Nothing. So they served me. I am not a lawyer, but I did some research and typed up an answer within 5 days. Sent certified mail and filed with court. The case has been sitting since September. It does say assigned to judge. No assigned court date or response from lbn.... what is up with this case? Anyone with knowledge on this would be helpful.

Also, they are sending me letters asking me to call them to discuss this exciting payment plan offer?? WTF....You are suing me right now? I feel like this law firm is completely unorganized.

You should have gone to the police to file a report of fraud when you first heard of this.

[PennyQuilts]

Oh Bunty.

[circuitboard]

Ok so I have fully answered the admissions and interrogatories. I am going to mail this certified mail back to the attorney. Do I need to file a certificate of service with the court, like the attorney did? Is that only for attorney? As I understand, the court does not care what is going on between me and the attorney regarding answering the admissions, so I do not need to file with court. Any ideas on this? Thanks.

[possumfritter]

I'll say this...every letter I have sent to an attorney in my case that has been going on since March of 2003 is part of the official file.