[hannah]

Here's another example of an answer for Kentucky courts.

[kybigdog69]

Thanks for the info, I have some research to do and will get back to you. They do have the right to bring action in court. I haven't found any violations in the FDCPA. If you could speculate on the meaning of "was the lawsuit proper". From what I see answering each paragraph is what there asking for with an affirmative defense as SOL as this is my defense. Haven't found anything about the attachment.

[Enigma]

Who is the OC?

[kybigdog69]

On one of the attachments to the complaint it plainly states that the date of last payment was 6/17/01. The date of charge off was 1/31/02, the original card holder was nextcard, it also states that asset purchased the account on 4/23/04

[hannah]

Originally Posted by kybigdog69

There are 2 attachments, one a affidavid from Asset signed on the Sep 28th, 2007 and the other just shows just when they bought it, how much they say I owe etc, etc

Kentucky law specifies that they must attach assignment to a complaint which I am assuming that the second attachment is. The affidavit can be struck.

[hannah]

Originally Posted by kybigdog69

On one of the attachments to the complaint it plainly states that the date of last payment was 6/17/01. The date of charge off was 1/31/02, the original card holder was nextcard, it also states that asset purchased the account on 4/23/04

Then the alleged debt is most definitely out of statute. You need to answer that the debt is time barred.

They may well be trying to assert that a cc is a written account. Many debt buyers like Asset are trying this tactic of late. Will look into it. Stay tuned.

[kybigdog69]

Thank you all, I believe the first example will help me with my answer to there complaint. I agree with you Hannah on Asset trying to say these are written account instead of open end. I will watch for more post on here.

[hannah]

Originally Posted by kybigdog69

Thank you all, I believe the first example will help me with my answer to there complaint. I agree with you Hannah on Asset trying to say these are written account instead of open end. I will watch for more post on here.

I need to see that affidavit if possible. If you can scan it, please send to sosueme2006@yahoo.com and I'll see what if what they left out on the complaint is on the affidavit.

[kybigdog69]

I was wondering if I could use this as a defense that I found in FDCPA..

30 Day Validation Notice
§ 1692 g Failure to send the consumer a 30-day validation notice within five days of the initial communication
§ 1692 g(a)(1) Must state Amount of Debt
§ 1692 g(a)(2) Must state Name of Creditor to Whom Debt Owed
§ 1692 g(a)(3) Must state Right to Dispute within 30 Days
§ 1692 g(a)(4) Must state Right to Have Verification/Judgment Mailed to Consumer
§ 1692 g(a)(5) Must state Will Provide Name and Address of original Creditor if Different from Current Creditor
§ 1692 g(B) Collector must cease collection efforts until debt is validated

I dont have any of this from Asset or the lawyer who is representing them now.

[cuthatcard]

Originally Posted by hannah

Then the alleged debt is most definitely out of statute. You need to answer that the debt is time barred.

They may well be trying to assert that a cc is a written account. Many debt buyers like Asset are trying this tactic of late. Will look into it. Stay tuned.

In my case with asset here in KY, they claim a written contract.

[Ayanne]

Originally Posted by cuthatcard

In my case with asset here in KY, they claim a written contract.

AA is also pursuing my case as a written contract - despite the definition in TILA clearly establishing it as an open-end account. The judges/courts ruling them as such in KY.

Until a ruling of cc debts as open-end, which I have yet to find in any case laws, during the weeks of research I've done.

[kybigdog69]

Is this case from the supreme court confirming that a credit card is as open end account?

No. 02-857
In the Supreme Court of the United States
HOUSEHOLD CREDIT SERVICES, INC. AND
MBNA AMERICA BANK, N.A., PETITIONERS

v.
SHARON R. PFENNIG

[hannah]

Found this case for Kentucky.

Asset has no written contracts with any of your signatures on them, correct? If there is no contract in writing, the SOL is 5 years.

Action to recover money loaned to another seven (7) years earlier was barred by the five-year statute of limitations relating to contracts not in writing. Skaggs v. Vaughn, 550 S.W.2d 574, 1977 Ky. App. LEXIS 686 (Ky. Ct. App. 1977).

Proof is on the plaintiff.

[Ayanne]

Originally Posted by hannah

Found this case for Kentucky.

Asset has no written contracts with any of your signatures on them, correct? If there is no contract in writing, the SOL is 5 years.




Proof is on the plaintiff.

It should be, the unfortunately KY Courts are ruling Credit card accounts as a written contract. That is how they are pursued by the JDA.

The judges are allowing this presumtion.

[hannah]

Originally Posted by Ayanne

It should be, the unfortunately KY Courts are ruling Credit card accounts as a written contract. That is how they are pursued by the JDA.

The judges are allowing this presumtion.

There is plenty of cases defining a written contract and it must have a signature especially since Asset was not privy to nor party of the agreement with the OC. If they do not have a signed contract with the OC as evidence, there is no evidence of a written contract only an implied one (the affidavit) and the 5 year SOL applies. I also found where the SOL is a statute of repose.

Ayanne, check your email.

[Ayanne]

Originally Posted by hannah

There is plenty of cases defining a written contract and it must have a signature especially since Asset was not privy to nor party of the agreement with the OC. If they do not have a signed contract with the OC as evidence, there is no evidence of a written contract only an implied one (the affidavit) and the 5 year SOL applies. I also found where the SOL is a statute of repose.

Ayanne, check your email.

Thanks Hannah, could you explain what "statute of repose" means?

[hannah]

Originally Posted by Ayanne

Thanks Hannah, could you explain what "statute of repose" means?

In layman's terms it means once the statute of limitations has run, the debt is extinguished under Kentucky caselaw. There is no more debt and you cannot be pursued legally for it.