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Kentucky case law


kygirlneedsomehelp
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Hello,

I would like to know if anybody has any Kentucky case law dealing with old credit card debt.I have a few cases from Florida but would really like to have something from Kentucky.

I've been going to court over an old capital one account.

This case has been drawn out for so long.

I was originally served September 25 2010 but the case was actually filed September 1 of 2009.

According to my credit report the last payment was September of 2004.

The plaintiff is trying to use the charge off date of April 21 2005.

The first time I went to court the lawyer said I never answered but I had and I had proof. So the judge postponed it due to the fact that the plaintiff wasn't there .

The second time I went back to court over it. She postponed it again saying that neither me or the plaintiff were ready and wanted me to explain more than what I had.

The third time I went to court the attorney asked for a continuance, saying they had not received the new answer. And needed to review it.

So this time I am trying to cover all angles.

I would really like to get case law to help back me up. I need any case law pertaining to rulings of credit card being open revolving accounts also looking for choice of law clause rulings .

Also the last time I went to court are out of the fact that this has been drawn out for so long but she said that she didn't see where there was any prejudiced against me.

I only have a few days so in the help, opinions anything would be grateful.

Thank you for your time,

Jill

Edited by kygirlneedsomehelp
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Isn't the SOL for credit card debt in KY 5 years?

What is the cause of action? Breach of contract, account stated...?

413.120 Actions to be brought within five years.

The following actions shall be commenced within five (5) years after the cause of action accrued:

(1) An action upon a contract not in writing, express or implied.

Edited by BV80
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If the charge off date of 2005-04-21 and filing date of 2009-09-01 prevail, then it will be within 5 year SOL. A "want of prosecution" statute might be able to be used to kill the filing date if it states one year or less. I don't know what can be used for the charge off date, but I have seen so many cases based on missed due date, there should be something.

Shouldn't this question be over in ...

Is There a Lawyer in the House - Credit and Debt Problems Forums

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Isn't the SOL for credit card debt in KY 5 years?

What is the cause of action? Breach of contract, account stated...?

413.120 Actions to be brought within five years.

The following actions shall be commenced within five (5) years after the cause of action accrued:

(1) An action upon a contract not in writing, express or implied.

I really don't know what the cause of action is.It just state that its over due and the amount they claim that i owe them

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Are you being sued by the original creditor or a junk debt buyer? If it's a JDB, try these:

In order to prove standing to sue you, the Plaintiff must prove ownership of the account. If they can't prove ownership, they don't have standing to sue you.

"Standing to sue is established when a party has a judicially recognizable interest in the subject matter of the suit." City of Ashland v. Ashland F.O.P. No. 3, Inc., 888 S.W.2d 667, 668 (Ky. 1994).

"Worldwide's documentary evidence was insufficient to warrant summary judgment. Worldwide's bill of sale document did not list Bullock's account number, the amount she owed, or properly identify Bullock as the individual responsible for the liability." Bullock v. WORLDWIDE ASSET PURCHASING, LLC, Ky: Court of Appeals 2008.

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