[tlc008]

The attorney's for Asset in my case is Greene & Cooper anyone have any experience with them. I still haven't got anything from them since asking for DV. Hoping they will go away but from the sounds of things they are just going to keep at it.

[tlc008]

The only things I know of that might help anybody is the Truth in Lending Act, Fair credit Billing Act, The Fair Credit Reporting Act (defines credit cards as the same meaning as in the Truth in Lending Act), and the Fair Debt Collection Practices.

A couple of websites you might want to look into though are:
consumers.creditnet.com/Discussions/credit-talk/t-letter-news-channel-8-here-fl-59511.html
-and-
.law.cornell.edu/supct/html/02-857.ZO.html

I can't post links either just add the usual stuff to the beginning.

Please keep your progress posted, especially if any of this is able to help, as I am also in this mess.

[cuthatcard]

What have you got from them? Have you been summons? What does your paperwork say? We may can help ya out if we have some more info...Greene & Cooper do a LOT of ASSet and other Junk Debt Buyer cases. Bottom feeder CA's hire bottom feeder laywers who win mainly, with default judgements and most people (including judges) ignorance. If we AT LEAST make them prove it, then, they'd be no different than most of the rest of us who have to work for a living. WORK...not just walk in,,,smack a clerk or 2 on the back,heh heh, ha ha,,, "could ya file these for me girls",then out,,, ... makes me sick to think that most of these CA's are going to really feast off the recession and Lord only knows what these low life attys. will do and say to make a buck...

Just go into any Circuit or District Court in any county in KY, from the smallest, such as Ohio or Owlsey to the largest, such as Jefferson or Fayette, any in between and watch. I have. Not when I have had a case. No one ever shows up!!! The Attys. (Greene & Cooper) ( Loyd & McDaniel) others, they're there and that's usually it!!! Default judgements faster than the clerks can right them down or faster than the hammer drops. They file motions in big wads or piles, so that when they come to your local courthouse they can knock out a dozen or so at a time, and nobody is there to make them work!!! I am.. I have ... I will..I've had to work, and when my name is on the docket, they may eventually win, but they WILL work at it!!!

So, to the above poster, provide some more info. I'm just pissed at the CA's and people who will not fight for themselves. I don't know the laws in KY and I don't think they are clear. We have to help each other.


All in a days work----I have never, to this day bought, bartered or sold ANYTHING to, or with a JDB or a Collection Agency,no wonder they have such a wonderfull reputation:

If you're from KY or somewhere else and can help us who's legistlature has failed to be clear as most other states about CC SOL, please do so. The on-slaught is on...because of the statutes

Good-day

[tlc008]

So far I have not gotten a summons. They sent me the collections letter stating that they had been employed by Asset to collect the debt and demand pymt. I usually ignore these types of letters but since this one was from and attorney I thought I'd better respond. I sent them a debt validation letter with the following:

I am requesting a validation of debt because I am indicating a dispute. I am also requesting the name and address of the original creditor. I am requesting the information outlined below.
Request for a copy of the written agreement, if any, between the original creditor and myself for the open account.
Request for documentation of a detailed accounting-principal, interest, late fees, ect. for the open account.
Request for admission – Please admit the denial that the account is an “open account” as defined under the Truth in Lending Act 1602, as also defined in the Fair Credit Billing Act.

The response I got from them was as follows:

The following responses are based upon information presently available to the plaintiff(Asset) and except for the explicit facts admitted, no incidental or implied admissions are intended hereby. The fact that plaintiff has responded to a discovery request in not intended and should not be taken as an admission that plaintiff accepts or admits the existence of any facts set forth in such discovery request or that such response or objection constitutes admissible evidence.
Plaintiff has not yet completed investigation of the facts relating to this case, has not completed discovery in this action and has not completed preparation for hearing. The following responses are given without prejudice to plaintiff's right to utilize subsequently discovered information.
Plaintiff objects to each discovery request to the extent that the request calls for a legal conclusion, and to the extent that the discovery request seeks information within the scope of the attorney work product privilege or the attorney client privilege.
Without waiving any of the foregoing objections, plaintiff responds as follows: Request for admission No.1: Please admit the denial that the account is an open account as defined under the truth in lending act 1602, as also defined in the fair credit billing act.
Response: The plaintiff objects to this request to the extent that the request is vague and incomprehensible. Plaintiff further objects to the extent that the request calls for a legal conclusion. Without waiving the general objections or the specific objection stated herein, plaintiff states that the cause of action arises from the breach of a written credit agreement between defendant and plaintiff's predecessor in interest and therefore denies.

Can you tell me what to make of that response? Sounds like they are saying they are not going to send me the debt validation I asked for. I wish they could just talk in plain english. I am definately going to make them work for any judgement they are trying to get against me. The laws in KY are very unclear. I tried emailing the attorney general about the credit card issue (open account or written contract) hoping they would be able to give me something I could take to court as evidence but even they are controdictiory. They said credit cards are open accounts but can also be considered written contracts for SOL. If it is an open account it should be treated as such, it seems it should be against the law to be considered otherwise for SOL. The state should not be able to go against the truth in lending act or all those other acts stated in the previous post. Even on the supreme court case on the link above uses the TILA.

I'm going to continue to search for as much as possible to arm myself with for court should it come to that. My supposed original creditor is the same as yours "cutthatcard" have you had any luck with the Motion to Dismiss based on the borrowing statute and NH SOL.

Thanks for any and all help

[cuthatcard]

I haven't filed a motion to dismiss as of yet. I am working on another angle as well. The Choice Law (NH) is really one they have laid in our lap to provide to the court to decide on as well. I am sure they anticipate the court to rule that because their evidence they have attached should only be taken "partially", that is, what was signed , not that New Hampshire Law and Federal Law shall apply NO MATTER WHERE litigation shall arise!
Again, they way this is supposed to be constucted is so that the least sophisticated consumer can understand it, not, the most educated LAWYER

Keep at it and make sure to file all things with your court and with Greene & Cooper in a timely manner. Do research as well and look for Caselaw as well as any KY Appeal. cases and 6th Ct. Fed cases.
Again, make them work, work, work don't give it to 'em, make them work. The more they come after me, the more determined I get, the more determined I am to tell my neighbors, family and even those I know who are being sued in court to fight even if they are guilty as hell. I despise the tactics of these JDB's and the Attys. I have worked around Attys. all my life and know their "ways". It is a joke...This JOKE may be on me before it's over,,,,but,,,,it ain't over ,,,,yet

BTW., are you in Circuit or Distict court?

[Ayanne]

Originally Posted by tickedoff

I just did a search of Fayette County- Asset has over 400 cases on the docket! With that much activity, there has to be rulings somewhere. Im not going to quit looking, that's for sure!

Asset had over 100 cases on the docket where I live in KY as well. I sat in court & for the most part few fight them, it's default judgement after default. I will tell you this, the judges seem predisposed in favoring the collection attorneys & the 15 year written contract.

We are still trying to aquire some type of validation for the debt. The summons had nothing but a sworn affidavit by an Asset employee attached.

I have yet to find any case law of a ruling that in KY credit cards are considered as open accounts.

[cuthatcard]

Originally Posted by Ayanne

I have yet to find any case law of a ruling that in KY credit cards are considered as open accounts.

Have you found anything that says that they are written accounts, that is, case law ?

You said Judges, did you get to listen to different judges and what kind of defense was most defendants putting up?

[tlc008]

Mine is from Mercer District Court. If I find anything else that could be of use I'll be sure to post. Right now the next move is theirs and I'll see where to go from there. I personally think they are stupid for coming after me at this point in time anyway I have no money to take. They should at least wait till I'm done with college and have some sort of income. But I just don't want a judgement against me to follow me around knowing if I ever put a few pennies in a checking or savings account they will be right there to gobble it up at a moments notice. I would like to at least get on my feet before they come along and pull the rug out from under me.

[tickedoff]

Ayanne- they didnt even attach an affidavit to my complaint, or any evidence that they were assigned the alleged debt.

Im still hoping lucky155 will come back and tell us about the case that the LRC told him about, so we can take a look at it.

[tickedoff]

cutthatcard- what NH choice law are you talking about?

Why does all this seem like a recent change? I mean there is a reason that every online source I have found indicates that credit cards/open accounts are subject to 5 year SOL. I am assuming the reason is that it used to be the case. So, how/when did this change???

I know thats largely a rhetorical question until we find something definitive, just wanted to share my thoughts.

[cuthatcard]

Originally Posted by tickedoff

The part of evidence that that Asset has attatched to some of our cases to support their case includes the cardholder agreement. In part of that a greement in states in part that APPLICABLE LAW: NO MATTER WHERE YOU LIVE, this agreement and your account are governed by New hampshire law and federal law. (NH SOL on written accounts is 6 yrs)

I'm with ya on this one , just hard to find case law. We have to just prove to the court that the CC accounts are open end accounts covered by TILA reg Z says so. They can't be open end accounts one minute and then bam, written accounts with a 15 yr sol the next. Just got to forcefully prove it to the judges or at least put up that fight.

I know thats largely a rhetorical question until we find something definitive, just wanted to share my thoughts.

As far as the NH SOL, I think those who are being provided this by the CA's should use KY's choice law (it's in this thread somewhere) and go after it. I'm working on that angle as well as one more then I'm firing away on motions. They have provided what they claim is a written contract with my signature. It is a buisness reply form, with a "Place this sticker here". It's signed, but I won't swear it is my signature and I don not that this constitutes a written contract anyway. BUT, they cannot pick and chose what they want from it such as this and say that the NH and Fed law stuff doesn't apply, they were just kidding..

[tickedoff]

cut that card-
thought you might find this statute helpful for your work on the NH law. Check out KRS 355.1-301 Parties' power to choose applicable law

[lucky155]

Hello all! I tried to call the LRC yesterday and got the run around (LRC says call Attorney Gerneral's office and Attorney General's office says call LRC). So no new information from me. I have to be back in court on Monday so I will post any information, if it will help. I really need the information about the rule or statute that says an assignment or bill of sale is supposed to be attached to the complaint. Nothing attached to mine except self serving affidavit from CA. It's too late to file a motion but, I am going to tell the judge that the complaint is not valid and see what he says anyway. Thanks for any help. Did anybody learn anything new about the borrowing statute (any case law)?

[cuthatcard]

Originally Posted by lucky155

Hello all! I tried to call the LRC yesterday and got the run around (LRC says call Attorney Gerneral's office and Attorney General's office says call LRC). So no new information from me. I have to be back in court on Monday so I will post any information, if it will help. I really need the information about the rule or statute that says an assignment or bill of sale is supposed to be attached to the complaint. Nothing attached to mine except self serving affidavit from CA. It's too late to file a motion but, I am going to tell the judge that the complaint is not valid and see what he says anyway. Thanks for any help. Did anybody learn anything new about the borrowing statute (any case law)?

What are you back in court on Monday for? Is it a motion?

[billyfrankwalker]

The attorney's in my case are Mapother & Mapother, Louisville KY. MRC Receivables as Plaintiff. Anyone dealing with them. I am in Daviess County. I have asserted the borrowing statute as defense in my case. Hve not heard anything for one month after answer.