[tickedoff]

I have filed answer to lawsuit by Asset Acceptance. I received plantiff's first set of discovery requests, and will be serving mine in next day or two.

I am contemplating whether to file a motion to dismiss now (based on SOL, doctrine of laches, and failure to state a claim upon which relief can be granted). Is it best to wait for first round of discovery before filing motions, or to do it now?

I am in Kentucky.

[zumbel]

If you're sure the SOL has expired, file a MTD based on that. You'd be wasting your time engaging in discovery when you can end it now.

[tickedoff]

Thanks zumbel. Well, Im not certain, but that's a whole 'nother thread. I am in Kentucky where the SOL for credit card debt is unclear at best. I believe I have a convincing argument on more than one issue- they also didn't demonstrate ownership of the account- and I guess filing it will put them on notice that I'm not going to roll over.
Also if they respond with "but it is a written contract subject to 15 year SOL," then they've got to produce the contract. Right?

Does anyone have any examples of well written MTD?

[Enigma]

Laches typically do not apply in credit card cases.

Discovery is not a waste of time. It is used in your over all strategy.

[tickedoff]

Laches wouldn't apply- even if they've done nothing to attempt to collect on a debt they say they purchased over 7 years ago? And when I say nothing, I mean nothing. No threatening letters, no notice of assignment, no phone calls, nothing. Save a complaint that came out of nowhere a couple weeks ago.