racecar

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Everything posted by racecar

  1. 50-623: Kansas consumer protection act; purpose; construction. This act shall be construed liberally to promote the following policies: (a) To simplify, clarify and modernize the law governing consumer transactions; ( to protect consumers from suppliers who commit deceptive and unconscionable practices; © to protect consumers from unbargained for warranty disclaimers; and (d) to provide consumers with a three-day cancellation period for door-to-door sales. History: L. 1973, ch. 217, § 1; L. 1974, ch. 230, § 1; L. 1976, ch. 236, § 1; July 1 (l) "Supplier" means a manufacturer, distributor, dealer, seller, lessor, assignor, or other person who, in the ordinary course of business, solicits, engages in or enforces consumer transactions, whether or not dealing directly with the consumer. Supplier does not include any bank, trust company or lending institution which is subject to state or federal regulation with regard to disposition of repossessed collateral by such bank, trust company or lending institution. History: L. 1973, ch. 217, § 2; L. 1974, ch. 230, § 2; L. 1976, ch. 236, § 2; L. 1983, ch. 179, § 1; L. 1991, ch. 159, § 1; L. 2001, ch. 49, § 1; L. 2005, ch. 22, § 1; L. 2009, ch. 67, § 1; July 1. Any information provided by me is generalized and for informational purposes only; it does not constitute legal advice. I'm not a lawyer and don't pretend to be one! -------------------------------------------------------------------------------- .
  2. The Kansas Supreme Court has previously held that “an independent debt collection agency falls within the definition of a ‘supplier’ and is subject to the provisions of the KCPA” if three conditions are satisfied: (1) The debt sought to be enforced came into being as a result of the consumer transaction; (2) The parties to the original consumer transaction were a “supplier” and a “consumer” as defined by the act; and (3) The conduct complained of, either deceptive or unconscionable, occurred during the collection of, or an attempt to collect, a debt which arose from the consumer transaction and was owed to the original supplier. Any information provided by me is generalized and for informational purposes only; it does not constitute legal advice. I'm not a lawyer and don't pretend to be one! --------------------------------------------------------------------------------
  3. The Shawnee county District Court web site has all the forms you will need. Johnson County District Court has forms on line to use. I dont know where you are but check your local court house, If you cant find them.There are alot of examples here. Any information provided by me is generalized and for informational purposes only; it does not constitute legal advice. I'm not a lawyer. --------------------------------------------------------------------------------
  4. Statute 16-118: Same; requirements; failure to comply. (a) A debtor or a creditor may not maintain an action for legal or equitable relief or a defense, based in either case upon a failure to perform on an alleged credit agreement, unless the material terms and conditions of the agreement are in writing and signed by the creditor and the debtor. ( All credit agreements shall contain a clear, conspicuous and printed notice to the debtor that states that the written credit agreement is a final expression of the credit agreement between the creditor and debtor and such written credit agreement may not be contradicted by evidence of any prior oral credit agreement or of a contemporaneous oral credit agreement between the creditor and debtor. A written credit agreement shall contain a sufficient space for the placement of nonstandard terms, including the reduction to writing of a previous oral credit agreement and an affirmation, signed or initialed by the debtor and the creditor, that no unwritten oral credit agreement between the parties exists. © Failure to comply with provisions of subsections (a) and ( shall preclude an action or defense based on any of the following legal or equitable theories: (1) An implied agreement based on course of dealing or performance or on a fiduciary relationship; (2) promissory or equitable estoppel; (3) part performance; or (4) negligent representation. History: L. 1988, ch. 55, § 2; L. 1989, ch. 70, § 2; L. 1998, ch. 56, § 2; July 1. Any information provided by me is generalized and for informational purposes only; it does not constitute legal advice. I'm not a lawyer and don't pretend to be one! --------------------------------------------------------------------------------
  5. For credit cards or money owed KSA chapter 60 KSA chapter 61 KSA chapter 50 is consumer protection Pleading and Practice Some of the different filings creditors will use. https://play.google.com/books/reader?id=7gk-AAAAIAAJ&printsec=frontcover&output=reader&authuser=0&hl=en Shipman’s standard text on Common Law Pleading. link on this page http://famguardian.org/Publications/CommonLawPractice/CL_Pleading.pdf http://famguardian.org/Publications/CommonLawPractice/Principles_of_Common_law_Pleading.pdf http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=4770&context=mulr http://www.pennstatelawreview.org/articles/114/114%20Penn%20St.%20L.%20Rev.%201257.pdf Petition on a Credit Card PETITION FOR COLLECTION Petition on Contract PETITION FOR DEBT COLLECTION PETITION FOR JUDGMENT PETITION ON ACCOUNT FOREIGN JUDGMENTS BREACH OF CONTRACT ACCOUNT STATED Open Acct Petition on a consumer account COMMON COUNTS unjust enrichment open book account Public Access - Third Judicial District Court click on link This is our courthouse online for Shawnee County KS.This is where you will see who has filed on you,and updates on your case. Go to last name type in your name or to see cases of other people, american express,visa,mastercard,discover card,ect.put a check in the civil,press search You will see alot of names of attorneys and credit card cases and all the defaults,very few fight back,SHOW UP FOR COURT FIGHT BACK. Its the gold standard till you object. http://www.citizen.org/documents/ArbitrationTrap.pdf http://www.edcombs.com/CM/Custom/article%20july%202012.pdf Any information provided by me is generalized and for my informational purposes only; it does not constitute legal advice. --------------------------------------------------------------------------------