Ky SOL case law - Need i with KRS 413.120 - Page 6

lucky155 · 07-12-2008, 02:43 PM

Thanks Lucy,
The judge did not ask the CA lawyer if written contract. The judge told the CA attorney that the credit card agreement was a written contract and asked the CA attorney if he had a copy of the signed agreement with him. The CA attorney produced a copy of the signature page of the credit card agreement which the judge read. He then handed it back to the CA attorney and told him to re-notice for summary judgement and bring the rest of the agreement then (which is Monday). I'm gonna look for the other thread. Thanks again.

Enigma · 07-12-2008, 02:51 PM

Quote:

Originally Posted by Lucy

The Judge should have let you look at the document without you having to ask but since that didn't happen you should have asked to take a look. You have no idea what is being handed to the Judge and you do have the right to see.

The judge is under no obligation to show opposing side anything at all. It is up to each to defend their rights afforded them under the Rules of Civil Procedure.

Enigma · 07-12-2008, 02:58 PM

Quote:

Originally Posted by lucky155

Thanks Lucy,
The judge did not ask the CA lawyer if written contract. The judge told the CA attorney that the credit card agreement was a written contract and asked the CA attorney if he had a copy of the signed agreement with him. The CA attorney produced a copy of the signature page of the credit card agreement which the judge read. He then handed it back to the CA attorney and told him to re-notice for summary judgement and bring the rest of the agreement then (which is Monday). I'm gonna look for the other thread. Thanks again.

You need to focus on attacking the document you never saw.

You need to learn your evidence rules by Monday.

On Monday if the attorney introduces any testimony what-so-ever about any documents, you need to object STRONGLY. An attorney cannot testify. If he does then you have the right to cross-examine him. If the attorney brings page two, OBJECT, OBJECT, OBJECT.

READ YOUR EVIDENCE RULES!!!!!!!!!!!!

Judge: Mr Attorney may I see page 2.

You: Objection your Honor, I have not been provided a copy of that document.

Judge: Mr Attorney give a copy to the defendant.

Judge: Mr Attorney is this page two?

You: Objection your Honor, that calls for testimony from Plaintiff counsel. If counsel is going to introduce testimony he should be placed under oath and I reserve my right to cross-examine him at a later time.

You get the idea.

lucky155 · 07-12-2008, 03:02 PM

The signed copy of the credit card agreement was not attached to the original complaint or the motion for summary judgement. If the judge grants the summary judgement, can I appeal and if so how long do I have to file an appeal?

lucky155 · 07-12-2008, 03:06 PM

Thanks, I will read the rules of evidence. I really do appreicate your input, Enigma.

Enigma · 07-12-2008, 03:06 PM

Quote:

Originally Posted by lucky155

The signed copy of the credit card agreement was not attached to the original complaint or the motion for summary judgement. If the judge grants the summary judgement, can I appeal and if so how long do I have to file an appeal?

You will find your answers in your local Rules of Civil Procedure, aka the attorney's bible(s).

Lucy · 07-12-2008, 07:42 PM

Quote:

Originally Posted by Enigma

The judge is under no obligation to show opposing side anything at all. It is up to each to defend their rights afforded them under the Rules of Civil Procedure.

A Judge may not be bound but seeing how small claims court is informal I would think the Judge would use some common sense. Unless it is privileged info I do not see what difference it would make for the Judge to say to the defendant "Plaintiff has given me a piece of paper with a signature on it, will you look at it and see if that is your signature."

cuthatcard · 07-12-2008, 10:12 PM

Quote:

Originally Posted by lucky155

Thanks Lucy,
The judge did not ask the CA lawyer if written contract. The judge told the CA attorney that the credit card agreement was a written contract and asked the CA attorney if he had a copy of the signed agreement with him. The CA attorney produced a copy of the signature page of the credit card agreement which the judge read. He then handed it back to the CA attorney and told him to re-notice for summary judgement and bring the rest of the agreement then (which is Monday). I'm gonna look for the other thread. Thanks again.

I just wonder if this was a Credit card agreement or a buisness reply form.
A buisness reply form is what the CA in my case is alledging a written contract. May be apples and oranges, guess it may be up to what you or the other guys can make a better case of...

Pale Rider · 07-12-2008, 11:38 PM

Asset acceptance suing me KY civil summons [Archive] -

Answer from a lawyer to Asset that may help in this thread.

Enigma · 07-13-2008, 12:49 AM

Quote:

Originally Posted by Lucy

A Judge may not be bound but seeing how small claims court is informal I would think the Judge would use some common sense. Unless it is privileged info I do not see what difference it would make for the Judge to say to the defendant "Plaintiff has given me a piece of paper with a signature on it, will you look at it and see if that is your signature."

Judge's do not exercise common sense. They operate under the letter of the law, guided by case law and Rules of Civil Procedure.

If opposing counsel has privileged documents that I cannot see, I'd be shouting objections from the rooftop.

It's up to you to know how to protect your rights.

Lucy · 07-14-2008, 09:12 AM

Quote:

Originally Posted by Enigma

Judge's do not exercise common sense.

No argument there.

lucky155 · 07-14-2008, 02:44 PM

Last hour till court and I'm so nervous I could puke. I wish I had the money to just pay them. Anyway, will post results as soon as I can.

cuthatcard · 07-16-2008, 02:00 AM

Quote:

Originally Posted by lucky155

Last hour till court and I'm so nervous I could puke. I wish I had the money to just pay them. Anyway, will post results as soon as I can.

Hey, how did it go?

lucky155 · 07-27-2008, 03:23 PM

Sorry it took me over a week to post the results, I had to wait on an order from the judge. The attorney that showed up in court for the CA did not have a copy of anything with a signature on it so the judge took the motion for summary judgment under advisement. Yesterday I received the order from the judge in the mail and it said that he granted my MTD under the 5 year sol because the plaintiff didn't have any evidence of a written contract. I still don't really believe it. It's truly a miracle. Thanks to all of you for your help and all of the good information on this web site.

Lucy · 07-27-2008, 09:26 PM

Congratulations, I know that you are breathing a big sigh of relief.