achuff6 Posted January 4, 2008 Report Share Posted January 4, 2008 Can anyone direct me to the link for the 3 year SOL on debt in the state of Kansas? The link on the site does not include the information for open-ended credit card debt and I've searched for quite a while to find it.I have a court date on Monday and a print out of this statute will be the difference between winning and losing. Thank you Very much in advance. Link to comment Share on other sites More sharing options...
montanatim Posted January 5, 2008 Report Share Posted January 5, 2008 60-512Chapter 60.--PROCEDURE, CIVIL Article 5.--LIMITATIONS OF ACTIONS 60-512. Actions limited to three years. The following actions shall be brought within three (3) years: (1) All actions upon contracts, obligations or liabilities expressed or implied but not in writing. (2) An action upon a liability created by a statute other than a penalty or forfeiture. History: L. 1963, ch. 303, 60-512; Jan. 1, 1964.http://www.kslegislature.org/legsrv-statutes/getStatute.do?number=23653 Further:16a-1-301Chapter 16a.--CONSUMER CREDIT CODE Part 3 DEFINITIONS Article 1.--GENERAL PROVISIONS AND DEFINITIONS (19) "Credit card" means any card, plate or other single credit device that may be used from time to time to obtain credit. Since this involves the possibility of repeated use of a single device, checks and similar instruments that can be used only once to obtain a single credit extension are not credit cards (31) "Open end credit" means an arrangement pursuant to which: (a) A creditor may permit a consumer, from time to time, to purchase goods or services on credit from the creditor or pursuant to a credit card, or to obtain loans from the creditor or pursuant to a credit card; ( the unpaid balance of amounts financed and the finance and other appropriate charges are debited to an account; © the finance charge, if made, is computed on the outstanding unpaid balances of the consumer's account from time to time; and (d) the consumer has the privilege of paying the balances in installments.Good luck. Link to comment Share on other sites More sharing options...
whocares Posted January 5, 2008 Report Share Posted January 5, 2008 Can anyone direct me to the link for the 3 year SOL on debt in the state of Kansas? The link on the site does not include the information for open-ended credit card debt and I've searched for quite a while to find it.I have a court date on Monday and a print out of this statute will be the difference between winning and losing. Thank you Very much in advance.BTW as I understand it, the SOL may or maynot remain with the state in which credit was granted...BUT, the state you live in now may have longer rules and those may apply...I moved from Florida, on some debts Florida rules apply...on some Kansas rules apply...Use your head and check both...JMHO Link to comment Share on other sites More sharing options...
achuff6 Posted January 6, 2008 Author Report Share Posted January 6, 2008 I have found a loophole in the choice of SOL for collection agencies. My debt originated in Kansas (Sears Credit Card). However, under Wisconsin law, where I now reside, it states that there has to be a Mutual agreement to the location of legal action.Since I don't choose to have legal action in Wisconsin, they should base the SOL on the 3 years in Kansas vs. the 6 years in Wisconsin. We're sitting at 5 years, so clearly I will attempt to work this to my advantage.I've found that many small claims judges don't have a clue, so if well prepared with the right "interpretation of the statute" they will often dismiss and find for defendant.I really appreciate the help on this. I think I searched for so long I was just blurred with statutes.Thanks again and I'll post results of the motion to dismiss tomorrow night. Link to comment Share on other sites More sharing options...
WorriedInKC Posted January 7, 2008 Report Share Posted January 7, 2008 I live in Kansas and someone is trying to collect on a 4.5 year old Credit Card debt. Kansas SOL for open contracts is 3 years.Is it difficult to prove that a basic credit card offered by a bank is an Open and not a Written contract? Link to comment Share on other sites More sharing options...
achuff6 Posted January 8, 2008 Author Report Share Posted January 8, 2008 Thanks for your help. I won the case without having to use any of the SOL information, as I got the action dismissed (although without prejudice) immediately based on FDCPA violation of suing in the wrong county.Since Messerli & Kramer, acting as collection agency for Bayfield Financial LLC (also a debt collector by opinion of FTC) didn't actually give me much time, I wanted the file dismissed without prejudice, so they can sue me again in my own county. Now that I am armed, I will counter with willful violations of the FDCPA, and also nail them on the opinion letter for the SOL and the fact that Bayfield must prove with documentation exactly what they paid for the bad debt from Sears.To the other question about proving it's open ended. The kind person who provided those links to the Kansas statute also provided the definition necessary, so proving it should be a snap. Link to comment Share on other sites More sharing options...
WorriedInKC Posted January 8, 2008 Report Share Posted January 8, 2008 Thanks for your help. I won the case without having to use any of the SOL information, as I got the action dismissed (although without prejudice) immediately based on FDCPA violation of suing in the wrong county.Since Messerli & Kramer, acting as collection agency for Bayfield Financial LLC (also a debt collector by opinion of FTC) didn't actually give me much time, I wanted the file dismissed without prejudice, so they can sue me again in my own county. Now that I am armed, I will counter with willful violations of the FDCPA, and also nail them on the opinion letter for the SOL and the fact that Bayfield must prove with documentation exactly what they paid for the bad debt from Sears.To the other question about proving it's open ended. The kind person who provided those links to the Kansas statute also provided the definition necessary, so proving it should be a snap.Congratulations They sued in the wrong county? How were they able to serve you if it was in the wrong county? Surely they didn't file in a county different than the one in which you live!Is this Wisconsin state law which states that the CA must show exactly what they paid for the bad Sears debt? I didn't realize Federal law mandated that.Good job! Link to comment Share on other sites More sharing options...
achuff6 Posted January 8, 2008 Author Report Share Posted January 8, 2008 Coppola v. Arrow Financial Services, 302CV577, 2002 WL 32173704(D.Conn., Oct. 29, 2002) – Information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain: The source of a debt and the amount a bad debt buyer paid for plaintiff’s debt, how amount sought was calculated, where in issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt. This is enough to make them disclose the information.And yes....they did a regular mail service, which is allowed, but they did it in the wrong county which violated both the FDCPA and Wisconsin Law. Link to comment Share on other sites More sharing options...
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