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Love, Beal & Nixon, P.C. (LBN) is a law firm based in Oklahoma that specializes in third-party debt collection. LBN has received consumer complaints alleging violations of the Fair Debt Collection Practices Act (FDCPA) such as improper sharing of information and threatening to take actions that cannot legally be taken. If you have been contacted by LBN, make sure you understand your rights before taking action.
According to the Better Business Bureau (BBB), Love, Beal & Nixon, P.C. was founded in October 1988, and the BBB established its profile page ten years later, in August 1998. They are listed as a law firm. Buzzfile estimates LBN’s annual revenue at $10.2 million and the size of its headquarters staff at 90 people.
LBN’s website does not provide a lot of information about the company or its policies or practices. Their Home page identifies them as a law firm “focusing on debt collection and litigation in Oklahoma.” In addition, there is a standard legal disclosure identifying them as a “debt collector attempting to collect a debt,” and that “any information obtained will be used for that purpose.” There is a “Make a Payment” button that links to their online payment portal, and links to four additional pages: Payment Options, Memberships, About Us, and Contact Us.
The About Us page provides a simple list of services, which include “credit cards, auto deficiency, student loans, personal loans, apartment & rental leases, debt collection, commercial collection, medical collection, garnishment, judgment enforcement, litigation, creditors rights, accounts receivable consulting, skip tracing, and asset location.”
The Memberships page indicates Love, Beal & Nixon PC is affiliated with 7 professional organizations: the National Association of Retail Collection Attorneys (NARCA); ACA International; the American Bar Association; the Oklahoma Bar Association; the Oklahoma County Bar Association; the AACA American Alliance of Creditors Attorneys; and the National List of Attorneys. The Payment Options page provides a link to the online payment portal and directions for making telephone or mail payments. The Contact Us page provides a mailing address, phone number, and email link.
There are no notices of consumer rights and no links or references to consumer protection resources, laws, or enforcement agencies.
The BBB has closed five complaints against Love, Beal & Nixon, P.C. in the past three years, with none closed in the past 12 months. Four of the five complaints allege problems with advertising and sales; the other alleges problems with customer service. Since June 2015, the Consumer Financial Protection Bureau (CFPB) has received 11 complaints about LBN, and Justia lists at least seven cases of civil litigation involving LBN.
Love, Beal & Nixon, P.C.
6621 N. Meridian Ave.
Oklahoma City, OK 73116
Telephone: (405) 720-0565
It is illegal for a debt collector to threaten to sue you or garnish your wages. It is also unlikely LBN would sue you for a debt you may not owe or they cannot validate. However, debt collection agencies are known to have summoned debtors to court and garnish wages after a default judgement. Contacting an attorney BEFORE this could possibly happen would be a smart move. We’ve helped thousands of consumers fight back against unscrupulous debt collection harassers. Find out if we can help you too today!
Absolutely. Here are some Sample Cases
In July 2015, in United States District Court for the Northern District of Oklahoma, a judge issued an Opinion and Order in a case alleging violations of the Fair Debt Collection Practices Act (FDCPA). In this case, the plaintiff was an employee of Best Buy electronics store at the time of the original violation. A Love, Beal & Nixon, P.C. representative had conducted research to determine potential places of employment for a “judgment debtor,” which is a legal term for or a consumer with a past due bill in collections that has been resolved by issuing a writ of garnishment. The judgement debtor was identified as a Best Buy employee, and the LBN representative responsible for serving the writ of garnishment had her name, a social security number, and an employer. The LBN representative “believed it was possible that the judgment debtor was employed by Best Buy,” and found an individual who had the same name as the judgement debtor, although she was unable to make a definitive identification. Although the LBN representative admitted that obtaining a credit report would have provided “the most accurate information” about the judgement debtor, she did not obtain a report “because LBN trained her that ‘it cost money to order a credit report, so if we have a strong belief on information, we try to avoid that.’” Regardless, Love, Beal & Nixon, P.C. served the writ of garnishment on Best Buy, who processed the writ and withheld $500.00 from the plaintiff’s paycheck. Although the plaintiff was the individual named in the writ of garnishment, she was not the individual responsible for the outstanding bill. The plaintiff filed a complaint with Best Buy’s human resources department, who communicated to LBN that they were garnishing the wrong person’s wages. Best Buy’s payroll service was outsourced to another company, ADP, who ultimately refunded the money withheld from the plaintiff’s paycheck. When the plaintiff made inquiries to find out why her paycheck had been unlawfully garnished, ADP and LBN both blamed Best Buy.
The July 2015 hearing was held to determine whether LBN had violated the FDCPA as a result of processing an unlawful wage garnishment. LBN argued that the FDCPA does not apply because the garnishment was processed by Best Buy, and even if Love, Beal & Nixon, P.C. had violated the FDCPA in issuing the garnishment, they were not liable because the mistake was a result of a bona fide error. The court cited case law that demonstrates that in cases of garnishment, the creditor—in this case Love, Beal & Nixon, P.C.—and not the employer, is ultimately responsible for the accuracy of the information in a writ of garnishment. Furthermore, because a bona fide error is defined as a “violation that was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error,” the court did not find that LBN had established “by a preponderance of the evidence, that Love, Beal & Nixon, P.C. made an unintentional, bona fide error under” the FDCPA. As a result, LBN’s motion for summary judgement opposing the plaintiff’s charges was denied.
The Fair Debt Collections Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA) are enforced by the Federal Trade Commission (FTC) and the Consumer Financial Protection Bureau (CFPB). The FDCPA regulates the behavior of collection agencies by prohibiting actions such as the use of abusive or threatening language; harassment; or the use of false or misleading information to collect a debt.
The FCRA regulates how collection agencies and creditors report delinquent debts to credit reporting agencies. Additional consumer protection laws include the Telephone Consumer Protection Act (TCPA) and the Consumer Financial Protection Act (CFPA). The complaint above illustrates how these laws can be extremely effective tools to hold accountable collection agencies who fail to adhere to their provisions.
These laws also provide individuals with a means to seek monetary damages in court. For example, the FDCPA allows consumers who have been violated to recover damages of up to $1,000, plus attorney fees and court costs.
Seek legal assistance to find the relief you may be entitled to if you are having difficulty resolving disputes with a debt collection agency.
Your debt harassment checklist:
- You are receiving multiple calls per week from third party collection agencies
- You are receiving early morning or late night calls from debt collectors
- You are receiving calls at work from a debt collection agency
- Debt collectors are calling your friends, neighbors, or coworkers
- Collectors are threatening you with violence, lawsuit, or arrest
- A debt collector attempts to collect more than you owe
- You are being threatened with negative credit reporting
- A debt collector attempts to intimidate you
- Criminal accusations are being made towards you
- Use of obscene language during an attempt to collect
- Automated robocalls are being made to your phone in an attempt to collect
If you’ve been harassed by debt collectors and even one of these has happened to you, we can help. We will fight for your rights.
We can make them STOP!✋
The Lemberg Law legal team is committed to holding debt collectors accountable, so complete our form for a FREE case evaluation, or call 844-685-9200 NOW.
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The short answer is yes. Contact us now to find out more.
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