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Love,Beal & Nixon Summons


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Posted by RetiredVet (216.150.101.191) on September 09, 2003 at 10:38:42:

My wife was given a "summons" by a man who came to our home yesterday when she stepped out on the porch. He asked for me, she stated I was asleep. He did not ask who she was or if she lived here. Here is in Oklahoma, Pittsburg County. Moved from California to Oklahoma in March 2000. Since that time, I have been unable to find employment. Consequently, debts have not been paid. Love, Beal & Nixon, P.C. is Attorneys who delivered "summons". I question the validity of this summons. No dates is given for me to appear in court. No court address. Summons references WRONG COUNTY. Filed in Haskell County, yet I live in next county, Pittsburg County. Dates lates charges stated to accrue per billing statement on Discover statement (for last time) April 2000. Charged off on credit report May 2002. Think it is after SOL, but not sure. Only income is military retirement which goes fully to mortgage payment via direct deposit and payment to same bank, internally, I never see funds. What little is left over is used for basic needs like utilities. On food stamps. Own, free and clear, two vehicles both valued around 4K, in both mine and wife's names. Home in mine and wife's names. Discover debt in my name only. No funds in joint bank accounts. I am primary on both. One teenage son at home. Questions: 1) Should I respond? 2) Should I ignore since "they can't get blood out of a turnip"? 3) Can they take vehicles? 4) Can they take personal property, i.e. woodworking tools, etc? 5) Is summons real since it states "No request will be made to the Court for a Judgement until the expiration of 35 days after your receipt of this Petition and Summons....". 6) Is Petition real since it states "This is a communication from a debt collector. This communication is an attempt to collect a debt and any information obtained from this communication will be used for that purpose."? Both 5 & 6 was typed in BOLD ink while rest of summons are in regular typeface. 7) At bottom on second page, Petition page, states "Attorney's Lien Claimed." What does this mean?

All other creditors have gone away. This one simply just popped up after months of hearing nothing from anyone. However, we do not answer phone from unknowns and unknown numbers.

Thank you for your advice.




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