I am caught in the Love, Beal, Nixon net. First I heard of the debt was the Summons and Petition. I have filed my answer of debt denial and the affirmative defenses. I have been reading everything on this site and have learned a bunch, yet I still need more info to fight this suit.
First, it now appears on my credit report that another junk debt buyer is claiming ownership to this debt (in a different amount) that already has this suit pending! Therefore, I really do need proof of ownership. What specific kind of documents do I ask for from them to prove ownership?
Second, I have read on 2 different sites that Oklahoma judges are using the 5 year statue in Oklahoma and not making these jerks show a signed contract! Can the TILA be used to argue a 3 year limit? Can I demand a signed contract? If they can't prove that I approved this card, how can they make me pay?
Third, I have seached the Oklahoma court dockets and see that LBN has filed a lot of Affavidavits of Indebtedness which don't seem to give much proof. How do you argue these?
Fourth,
I attached a Request for documents to my answer that I filed with the court and sent by certified mail to LBN. Do I give them 30 days to answer. I know from this site that they won't. Do I then send another request or does it then become a discovery motion?
Finally,
If they do file a Request for Summary Judgement, do I answer that with a motion to dismiss?
I am a student taking care of a disabled parent and legal aid is way backed up. Any help would be forever appreciated.
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