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Re: Love,Beal & Nixon Summons


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Posted by LadynRed (199.91.33.254) on September 09, 2003 at 12:25:07:

In Reply to: Love,Beal & Nixon Summons posted by RetiredVet on September 09, 2003 at 10:38:42:

Discover sues.. plain and simple, I'm just suprised it took them so long (they don't usually wait that long).

1 - Call the courthouse where the suit was supposedly filed and ask if there IS, in fact, a real lawsuit filed.

2 - Venue is wrong. You can stall this by bringing that up and asking for a change in venue. Per the FDCPA they must sue you where you reside NOW or where you lived when the account was opened.

- You MUST respond, do NOT let them simply win by default by giving up your rights. If you do not go to court, you will lose an opportunity to either settle on it or, if it IS past the SOL, you will lose that defense by not going to court.

- Can the take the vehicles - unlikely. Are they free and clear or are they financed ? There are exemptions from judgments just as in bankruptcy. Vehicle exemption in OK is $3000, and you do NOT use bluebook to figure the value of your vehicles. Use blackbook prices LESS 10%.
Bottom line, they don't want the cars, they want the MONEY.

Same goes for personal property - exemptions apply that usually prevents them from taking a damn thing. IF the woodwooking tools are considered tools of the trade, the exemption is $5,000.

Call the courthouse to find out if its real. It could be pure bull. However, if this is a first communication from whoever is suing you, they must include that mini-miranda "this is an attempt to collect at debt.....".

Not sure what the attorney's lien is.. more than likely it means you're going to pay court costs and attorney's fees.

In order to determine the date of last activity for the SOL defense, you're going to have to pull your credit reports. On Experian you'll see a 'come-off' date. Subtract 7 years +180 days from that and you'll have the date of last activity and that starts the SOL. SOL in OK is 3 years. If the last time you actually paid Discover WAS 4/2000, the SOL ran out months ago, so its very important that you find out what that DOLA date is.

You've got 35 days to answer the complaint. Here's info on how you do that:



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