[hannah]

OK, drum roll please....

I have the case you all have been waiting for! Thanks to our member for allowing it to be posted and thanks to her for blazing the trail which defines the 5 year SOL you all have been disparately needing.

Attached please find the order in the case and the cases upon which the judge based his findings. If I receive any further updates to the case (like an appeal) I will post it on this thread.

[Ayanne]

Originally Posted by hannah

OK, drum roll please....

I have the case you all have been waiting for! Thanks to our member for allowing it to be posted and thanks to her for blazing the trail which defines the 5 year SOL you all have been disparately needing.

Attached please find the order in the case and the cases upon which the judge based his findings. If I receive any further updates to the case (like an appeal) I will post it on this thread.

Hannah! Thank you!

[hannah]

Originally Posted by Ayanne

Hannah! Thank you!

Don't thank me, thank lucky155 and her solid defense in this case. Without her, you guys wouldn't have this. Thank that judge, too, for having the knowledge to see there was no written contract.

[cuthatcard]

Originally Posted by hannah

Don't thank me, thank lucky155 and her solid defense in this case. Without her, you guys wouldn't have this. Thank that judge, too, for having the knowledge to see there was no written contract.

I do thank the Judge for looking outside the box. And lucky155, man we are lucky to have her and you, hannah, helping us with these KY laws.

Thanks to all....

[cuthatcard]

Found the following and thought it may contain some info that may have some KY. case law that may help as well. There is some info on applications as well as tolling. State court as well as fed and a 6th circuit reversal, they way I understand it. It will help "chip away" at the JDB stand with the Judges that a Credit Card is a written contract along with the recent Calloway county ruling above. They (JDB'S) want that 15 yr SOL and we have to go after it in force, as these judges go to their required trainings and meetings, they talk to each other, they will begin to discuss this issue and will not want these exact issues brought up, (if we bring them up) and rule against us only to have it over turned. If we fight hard, these CA's will stop this with those of us who respond to these outragous filings and BS suits. This may be totally for UCC, but I don't think it is. Take a look at the site, see what you get from it. I just try to keep piling on my ammo with caselaw and court decissions(sp)...


Stites & Harbison PLLC :: Law Firm Servicing KY, VA, GA, TN, IN and DC : NEWS & ARTICLES

[hannah]

Originally Posted by cuthatcard

Found the following and thought it may contain some info that may have some KY. case law that may help as well. There is some info on applications as well as tolling. State court as well as fed and a 6th circuit reversal, they way I understand it. It will help "chip away" at the JDB stand with the Judges that a Credit Card is a written contract along with the recent Calloway county ruling above. They (JDB'S) want that 15 yr SOL and we have to go after it in force, as these judges go to their required trainings and meetings, they talk to each other, they will begin to discuss this issue and will not want these exact issues brought up, (if we bring them up) and rule against us only to have it over turned. If we fight hard, these CA's will stop this with those of us who respond to these outragous filings and BS suits. This may be totally for UCC, but I don't think it is. Take a look at the site, see what you get from it. I just try to keep piling on my ammo with caselaw and court decissions(sp)...


Stites & Harbison PLLC :: Law Firm Servicing KY, VA, GA, TN, IN and DC : NEWS & ARTICLES

You can also educate your judges by printing out and sending them articles about JDB's. Some will read it and some won't but the word will start getting around. That's what I did here. Did I tell them who I was? No. Just sent them the articles in plain envelopes. It surely cannot hurt.

[tickedoff]

my message from other thread:

Motion to Dismiss GRANTED

Thats the good news, bad news is it is without prejudice.

ASSets attorneys didn't even show. Judge didn't consider my oral motion on request to have admissions deemed admitted presumably because they didn't have notice of motion.

Here's the odd part- he avoided the SOL issue by sustaining my motion on the grounds of laches, stating that their failure to respond to my discovery and failure to appear exacerbated my claim.

It won't be final for 10 days, and judge cautioned that plaintiff could petition the court for rehearing in that time if they could show cause for their failure to appear. B

But for now, I am ecstatic.

[jwagon58]

Found this for KY credit card

KRS286.3-765 "Credit card guaranty" defined -- Requirement to insure validity.
(1) As used in this section, "credit card guaranty" means an agreement pursuant to which a natural person assumes liability for indebtedness to a bank incurred by use of a credit card without receiving the contractual right to obtain extensions of credit under the account for which the credit card is issued.
(2) No credit card guaranty shall be valid or enforceable unless it is in writing signed by the guarantor and contains a provision specifying the amount of the maximum aggregate liability of the guarantor thereunder.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 236, sec. 1, effective July 15, 1988.
Formerly codified as KRS 287.765.
Legislative Research Commission Note (7/12/2006). In accordance with 2006 Ky. Acts
ch. 247, secs. 38 and 39, this statute has been renumbered as a section of the
Kentucky Financial Services Code, KRS Chapter 286.

[cuthatcard]

Just a quick note:

I called the Circuit Clerk's office and asked if this case , ( First Resolution V. Todd ) had been applealed and after a quick look, no, no appeal was filed..

So anyone used it yet?