cuthatcard Posted December 11, 2007 Report Share Posted December 11, 2007 Was served complaint by Asset in Ky this month on an account that is ready to fall off my reports in March of 2008. (7) yrs. I answered, denied basicly everything, stated affirmative defense of SOL (5) yrs to collect in KY. In my return of answer to plaintiff, I included, Interroggs.,Addmissions, production of documents in 1 certified letter. I believe I am allowed to do this as KY's RCP seems to allow it at anytime. Anyone have any idea that would be counter productive to what I have done? I only submitted the answer to the court, but included answer and everything else to plaintiff. Waiting now, what's next?Also, looking for caselaw to support SOL in Ky as 5yrs. (KRS 413.120) Link to comment Share on other sites More sharing options...
Moriah4 Posted December 11, 2007 Report Share Posted December 11, 2007 good luck finding the case law on 5 yrs SOL for Ky. While it is suppose to be they usually consider CC here in KY a writen contract when you go to court so hope the 5 yr SOL isn't your only defense. I got a judgement using that one.BlessingsMoriah Link to comment Share on other sites More sharing options...
cuthatcard Posted December 11, 2007 Author Report Share Posted December 11, 2007 That's what I'm up against. All info I read on-line from everywhere states a SOL in KY of 5 yrs, however, it is not clearly defined as most states are. The SOL is about the only defense I have except the exhibit they attatched cannot be read, sidways, blurred, etc.. I ask in Addmissions that they admit or deny that a credit card account is a open or revolving account. I cited the definition of U.S.C. ???(can't remember here right now) as the definition a open revoloving credit card account. Hope this will help some.I did disputed this back in the summer through the CRA's. Fell from one, verified on the other 2. I disputed as not mine, because I do no believe they are.I really need some case law to back up my claim here in KY for the statute and my claim of SOL of this alledged debt. Link to comment Share on other sites More sharing options...
nascar Posted December 11, 2007 Report Share Posted December 11, 2007 What kind of credit card was it? Who was the issuer? Link to comment Share on other sites More sharing options...
cuthatcard Posted December 12, 2007 Author Report Share Posted December 12, 2007 Bank card, alledgedly issued by Providian. Link to comment Share on other sites More sharing options...
nascar Posted December 12, 2007 Report Share Posted December 12, 2007 Bank card, alledgedly issued by Providian.Asset probably didn't purchase this directly from the OC. Do you think they can prove ownership, i.e. chain of title? Link to comment Share on other sites More sharing options...
cuthatcard Posted December 12, 2007 Author Report Share Posted December 12, 2007 Well, based on what I've read and researched, I would doubt it. The account they claim is nearly 7 yrs from the date of last payment with the OC, 2001. My CR says ASSet obtained the account in 2003. So I really don't know. About my original post of returning the answer with roggs, addmissions, production of doc. included. Anyone see why I should not have done so? I only asked for 2-4 of each with reservations of asking for more later. This is an effort to get them admitt that this account, mine or not, is time barred. I am having a hard time with finding case-law for ky's statues to support 5 yr sol even though everywhere I read, it states 5 yrs.(KRS 413.120) So any help there is welcome as well. Link to comment Share on other sites More sharing options...
cuthatcard Posted January 1, 2008 Author Report Share Posted January 1, 2008 Got it yesterday. Says they have contacted their client, ASSet, but they, Atty., have not received it yet. ( I would guess that JDB is looking for the contract, sales slips, anything with my signature on it) They are asking for 30 more days. ( In reference to my request for roggs, production of docts., and addmissions.) Could I at this motion hearing, motion to the court, to strike plaintiffs attatched exhibit, JDB Supervisor affidavit, that they bought it and I owe it as hearsay? Do I need to send JDB atty. a copy of this motion before the motion date?Motion date is next week.. Link to comment Share on other sites More sharing options...
brokeinok Posted January 1, 2008 Report Share Posted January 1, 2008 I would say that yes, you need to file a motion to strike the blurry attachment using the appropriate legal jargon. In addition, I would file a motion to object to the extension of time to answer your rogs and stuff. If they have had your account since 2003, surely they should have all this stuff in one place and it's been reviewed prior to them starting collections.I am assuming based on your post that this is a JDB type of situation since Providian is no longer in business. Rather than rely on the SOL defense, you need to attack the chain of title, their legal right to sue you, the fact that you have no direct connection to this company, nor have you entered into any contracts with them. Have they violated the FDCPA in any way? If so, then you need to attack that as counterclaims.... the more the merrier, make them work. The more money (read as lawyer hours) they have to spend on this, the more profitable it is for them to simply settle it out rather than gamble in court and lose their time invested. Link to comment Share on other sites More sharing options...
brokeinok Posted January 1, 2008 Report Share Posted January 1, 2008 also... take a look at this threadhttp://debt-consolidation-credit-repair-service.com/forums/showthread.php?t=279274trueq has some really good suggestions for ways to attack their standing to sue.... Link to comment Share on other sites More sharing options...
cuthatcard Posted January 1, 2008 Author Report Share Posted January 1, 2008 Good thread.. I need to plan on everything I can. Also, thanks on the advice. I did attatch my roggs. addmissions and production of docts. to my answer. Link to comment Share on other sites More sharing options...
brokeinok Posted January 1, 2008 Report Share Posted January 1, 2008 I'm about to file an answer, defenses and counterclaims and since my state allows rogs and disc at any time, I'll probably slap those on the end if I can finish them in time. What resources did you use to format your rogs and disc? Did you find a listing of things to ask and ask for? I'm a bit stuck in that area right now. Link to comment Share on other sites More sharing options...
cuthatcard Posted January 1, 2008 Author Report Share Posted January 1, 2008 I'll look up what I used as it has been used in my state before. It is very simple, maybe 3-4 roggs, 3-4- admmisssions, 3-4 production of docts. I'll get it here.... Link to comment Share on other sites More sharing options...
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