Love, Beal & Nixon collections in OKC garnishing check for debt that isn't mine. Can I counter-sue? They're on Ripoffreport.com

Asked over 2 years ago - Lawton, OK

Back in 2010 Love, Beal and Nixon out of OKC garnished my check for $300. When I found out, I went to the Courthouse & got a copy of the case file. They had got a default judgement against me and I didn't even know about the case. I called Love, Beal and Nixon and they said that I owed $2000 on a Capital One card. I told them that I didn't and didn't even have a Capital Once card and haven't for years. The person was rude and threatened me. I later called and spoke to someone else and she told me to submit documents to them and a statement. I did and she had the case dismissed and the garnishment cancelled.Now, 14 months later I found out 2 days ago that they sent another garnishment to my employer for the same issue that was already resolved. What steps do I take to fight them? Thank you

Attorney answers (2)

  1. Victor R. Wandres

    Pro

    Contributor Level 9
    Best Answer
    chosen by asker

    Answered . What documents do you have that will prove that the account isn't yours. Do you have any letters from LBN agreeing with you?

    What is working against you is that there is a judgment declaring that the judgment is yours which allows them to garnish your wages. The previous attorney that posted is correct. You will likely need to file a Motion to Vacate the judgment entered against you in order to stop the garnishment. If you can prove that they acknowledge the debt does not belong to you and filed the 2nd garnishment, you may have a claim under the FDCPA. More information on the FDCPA can be found on my website, linked below.

  2. Dorothy G Bunce

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . You would be better off returning to the court that issued the judgment to deal with this. Suing the creditor separately is unlikely to resolve this ongoing problem.

    See a local attorney for representation. Hope this perspective helps!

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