Summons from Love, Beal, & Nixon

[Angela Ledbetter]

I recently received a summons from this law firm for a credit card debt. The debt was originally on Comenity Bank but was bought by Midland Credit Mgmt. I had not received anything on this debt in more than 2 years. I had actually thought this was one I already was paying on. I have had some issues keeping up with these as the accounts kept being sold so some I thought I was paying on, I actually wasn’t. I contacted the law firm to find out what I could do to resolve the debt. She said I could do a pay plan and sign an agreed judgment but that litigation would continue and other fees and costs could continue to be added. I asked the amount of the additional fees and she said she wasn’t able to tell me that. She said the only way to insure no further charges is to pay in full. I told her I wouldn’t be able to do that as I had been laid off for almost a year due to COVID. She wanted me to go ahead and give her my bank account info. To set up a pmt.  I asked if she could send me a copy of the agreement so I could read it first and she said that I had to make a payment first so that constituted an agreement. I said I wasn’t comfortable with any of this and it didn’t sound correct. She got very snippy and when I recapped what all she told me and asked who would be comfortable with this arrangement she just said that is not what she told me despite me repeatedly confirming each statement after she said it. She also said this creditor demands payment in full so there would be no settlement. First, I feel like she may have broken some rules here. I don’t know debt collection rules but this certainly didn’t feel right. Secondly, is there a way to go about getting a settlement? I have found research on the internet stating that MCM will do settlements. Was this just a tactic used? What is the best way to proceed? I live in Oklahoma but I lived in Tx when this account was opened. The last pmt on the account was 11/2018. 
Any guidance is appreciated. 

[Bulldoger]

Start a new tread with this information filed out.  Put it in "is there a lawyer in the house" forum.  

Looks like they are within the TEXAS SOL so no need to look for borrowing statute. 

Read this arbitration post it explains what you need to do file a motion to compel arbitration. 

here is a video that explains how it works. 

https://www.youtube.com/watch?v=2rS6F2Zsj0k&lc=UgzkGln_xZEt0NV035R4AaABAg.9dWV9sRaYUr9fPhWD5x-8I

 

 

 

[nobk4me]

I believe Comenity has an arbitration clause.  Arbitration is the best way to beat a JDB.   Best info on arb is here:

 

 

[Bulldoger]

Good Catch, I mention the Arbitration post but forgot to include link. 

[magali]

Did they include your arbitration agreement? Look at every page. If in your arbitration agreement it says that they had to take you to arbitration, you just need to follow how me and many others did to beat a debt collector. - take a look at my thread, i believe I mentioned there exactly which posts helped me. But I am in CA, so you would have to review some of the wording and laws for OK.

If the credit card agreement wasn't included and you don't have it at home, look it up on the  website linked below. Search for Comenity's credit card agreements and look up the year you opened that credit card:

 

https://www.consumerfinance.gov/credit-cards/agreements/

[Bulldoger]

36 minutes ago, magali said:

If the credit card agreement wasn't included

Current trend with JDBs is to include the contract but leave out the arbitration clause. Seen it happen three times they file just the terms and conditions leave out arbitration. So go online get the complete credit card agreement. 

[nobk4me]

20 hours ago, Bulldoger said:

Current trend with JDBs is to include the contract but leave out the arbitration clause. Seen it happen three times they file just the terms and conditions leave out arbitration. So go online get the complete credit card agreement. 

Yes, I've seen that too, with an OC, in the lawsuit papers.  The overall agreement is included, but the arb clause is conveniently omitted.

[BV80]

On 10/12/2022 at 6:09 PM, Bulldoger said:

Current trend with JDBs is to include the contract but leave out the arbitration clause. Seen it happen three times they file just the terms and conditions leave out arbitration. So go online get the complete credit card agreement. 

In the event that a plaintiff provides a cardmember agreement that contains an arbitration provision but the part with that provision is not included by the plaintiff, I wonder if it would be beneficial for defendants to object to the admission of that agreement by stating it is inadmissible because it does not include the arbitration prevision and is, therefore, incomplete.  I wonder if that would help cast doubt on the rest of the plaintiff’s evidence?  I think an objection would be really helpful if the plaintiff offered an affidavit that said a “true and correct copy” (or something to that effect) of the agreement was provided.  Leaving out the arbitration provision is not exactly a true and correct copy.

Of course, that would require the defendant to produce a complete cardmember agreement showing the provision and issued in the appropriate year (year of default).

[Bulldoger]

6 hours ago, BV80 said:

In the event that a plaintiff provides a cardmember agreement that contains an arbitration provision but the part with that provision is not included by the plaintiff, I wonder if it would be beneficial for defendants to object to the admission of that agreement by stating it is inadmissible because it does not include the arbitration prevision and is, therefore, incomplete.  I wonder if that would help cast doubt on the rest of the plaintiff’s evidence?  I think an objection would be really helpful if the plaintiff offered an affidavit that said a “true and correct copy” (or something to that effect) of the agreement was provided.  Leaving out the arbitration provision is not exactly a true and correct copy.

Of course, that would require the defendant to produce a complete cardmember agreement showing the provision and issued in the appropriate year (year of default).

When I seen this happen it has always been filed with complaint, I think they are walking a fine line since the terms and condition correlate to the balance owed.  Since, that is what they are concern about proving I think that is all they are required to attach. In my PayPal case they filed a complete "IMPORTANT INFORMATION ABOUT PAYPAL CREDIT""  not the credit card agreement.  That is another thing to be on the lookout for don't get other documents confused with agreement or contract. 

IMO the JDB are purposely trying to misled the defendant.