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Sued by Asset/Love Beal & Nixon atty -Advice please!


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Any advice would be most appreciated. I have been reading posts and trying to learn as much as possible. I will most likely be doing this by myself and feel OK with that... I just don't want to make any silly mistakes.

1. Who is suing you? Asset Acceptance. Love, Beal & Nixon out of OKC are atty/CA

2. For how much? $9,800- the original debt amt. was $4,850

3. Who is the original creditor? Providian

4. How do you know you are being sued? I have not been served yet. It is posted on the county court docket that they have filed. 12/15

5. How were you served? Were you served? Not yet.

6. What was your correspondence (if any) with the people suing you before you think you were being sued? I recvd. letter from LBN on 12/8. I sent DV letter to LBN office by certified mail on 12/29. (This was before I looked up court record to see that they have already filed)

7. Where do you live? OK

8. When is the last time you paid on this account? Conflicting on CR - 1/03 or 11/03. I think it may have been 5/02...still digging through old bank statements to find it.

9. What is the status of your case (if anything has been opened)? You can find this by a) calling the court or B) looking it up online (many states have this information posted daily). LBN filed 12/15 - still not served.

10. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) Yes... it was verified by CRA in 05. Sent dispute letter to atty office 12/29

11. Did you request debt validation before the suit was filed? If not, don't bother doing this now. The suit was filed 11 days after the 1st communication. I did send DV w/in 30 days and before I knew of suit.

12. Does your summons require a response? (Look hard!) If you don't get a questionnaire with your summons, you are still probably required to answer it in writing. If you don't respond to the lawsuit notice you will lose automatically. In 99% of the cases, they will require you to answer the summons, and each point they are claiming. We need to know what the "charges" are. Please post what they are claiming. Did you receive an interrogatory (questionnaire) regarding the lawsuit? Don't have it yet.

13. What evidence did they send with the summons? An affadavit? A statement from the OC? Anything else they attached as exhibits? nothing yet.

14. What is the SOL on the debt? To find out:

OK is 3 years Oral, 5 yrs. Written, 3 yrs. open-ended. I read a case today where judge ruled since CA could not provide original written contract - 3 yr. SOL would apply. If that's the case... I will file affirmative defense for SOL.

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What is ASSet reporting? Let me guess..they are reporting the account as a...

1. factoring account

2. open

3. new date of last activity (different from OC)

4. past due

and..perhaps even threw in a 'cannot locate consumer'

dispute these SPECIFIC things with the CRA's. if they then verify, sue. immediately.

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They are actually showing "open" on Equifax and TU, "closed" on Experian. Experian also still shows "account in dispute - reported by subscriber" in the comments, but not the usual "verified and meets FCRA..." I know the last time I verified this was sometime in 05. I'm disputing through all 3 CRA again.

They show DLA as 11/03 on one CR and 3/03 on another. I'm 99.9% positive the last payment I made was in 2/02 - I'm working on that proof.

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