• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Credit card court case in kentucky

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kygirlneedshelp

Junior Member
What is the name of your state (only U.S. law)? Kentucky
Hello,
I got a civil summons to day Sept-25-2010
So i thought that i could have used the SOL law for one of my defenses as per my credit report says that my last payment on this card was in Sept of 2004 clearly out of the SOL,but as i read the summon a little deeper it stated that this was filed in sept -1-2009. And even with those date i could go with the SOL but then on there papers it say they want Interest starting for April -21-2005 so with those dates that would only be 4 years and not with in SOL.
Is it possible to take a year for me to get a summons?
How do i determine when the clock started ticking on this.
Any help would be grateful.And if i have not been clear enough im sorry and please feel free to ask me for any clarification. Thank you for you time!
 


justalayman

Senior Member
the date it starts is the date of delinquency

it stops when filed BUT in your situation, I wouldn't think there could be an open case for the time such as you state. I would think there was a rule of procedure that would not allow for such a situation. Something doesn't sound right about the 1 year situation.

the info on your credit report is not considered accurate for the purposes of the statute of limitations.
 

kygirlneedshelp

Junior Member
I agree!
I am befuddled about this i was just flabbergasted to see that stamp saying 2009.
Also i never heard from there Lawyers before this i was completely blindsided about this.
 

Dillon

Senior Member
What is the name of your state (only U.S. law)? Kentucky
Hello,
I got a civil summons to day Sept-25-2010
So i thought that i could have used the SOL law for one of my defenses as per my credit report says that my last payment on this card was in Sept of 2004 clearly out of the SOL,but as i read the summon a little deeper it stated that this was filed in sept -1-2009. And even with those date i could go with the SOL but then on there papers it say they want Interest starting for April -21-2005 so with those dates that would only be 4 years and not with in SOL.
Is it possible to take a year for me to get a summons?
How do i determine when the clock started ticking on this.
Any help would be grateful.And if i have not been clear enough im sorry and please feel free to ask me for any clarification. Thank you for you time!
its my understandinng, the plaintiff extinguished the alleged debt upon purchase from the original creditor and any attempt to collect or sell the debt is an act of fraud.
 
Last edited:

Bosco

Member
Are you sure that this is a legitimate summons? My first move would be to confirm that the summons is real by contacting the court.

If it's real, I'd talk to some lawyers up there about waiting over a year to serve you. Most states have laws that require service to be performed within a certain time frame and if they have gone over that limit you can have the case dismissed.

If the summons isn't real, come back here and let us know and we'll help you run this collection agency through the ringer.
 

kygirlneedshelp

Junior Member
Its real .A real sheriff came to my door. the stamp that said 09 on it is has my local clerks name .But i do plan on calling Monday to see why it took a year.
and as for talking to a lawyer all the lawyers around here wont talk with out some money i do not have any money to give them i wish i did i would Definitely hire one for this.
 
Last edited:

Bosco

Member
Its real .A real sheriff came to my door. the stamp that said 09 on it is has my local clerks name .But i do plan on calling Monday to see why it took a year.
and as for talking to a lawyer all the lawyers around here wont talk with out some money i do not have any money to give them i wish i did i would Definitely hire one for this.
Try an NACA lawyer. At the very least, they can tell you if there is a law dictating how long after filing suit they have to serve the summons.

National Association of Consumer Advocates ? Consumer Protection Advocates and Attorneys
 

justalayman

Senior Member
its my understandinng, the plaintiff extinguished the alleged debt upon purchase from the original creditor and any attempt to collect or sell the debt is an act of fraud.
It's my understanding you have absolutely no idea what you are talking about.

either provide statutory support for your..unusual claims or quit making up crap.
 

kygirlneedshelp

Junior Member
Well i have heard back from one lawyer from the site you recommended and all he had to say was talk to legal aid and see if they would help =( so that route not looking good.
 

Bosco

Member
I'd talk to legal aid then, along with any other NACA lawyers in the state and maybe a court clerk or two.
 

kygirlneedshelp

Junior Member
Im going to ,as far as court clerk's go around here is like talking to a baby they dont know anything or dont let you know they do .I had another case a few years ago that was dismissed at first because they informed to be at court at one time and i wasn't supposed to be there till later so the judge thew it out so then when they took it back to court the conveniently forgot to mail me something telling me to be in court so when i got a default judgement in the mail i called them to ask what the hell ,they didnt know and she told me you dont know how many people call me and tell me this and the only thing she could tell me was to take it back to court but the papers had to be filed in law speak so there for i needed to hire a lawyer and i did not have the money to do so.There fore i got railroaded .
 

justalayman

Senior Member
as far as court clerk's go around here is like talking to a baby they dont know anything or dont let you know they do .
You need to understand that a court clerk is not allowed to provide legal advice. There is often a fine line between giving direction and providing legal advice. They are also controlled by whomever gives them direction. If the boss says "don't do <whatever>", then they aren't going to do <whatever>.
 

kygirlneedshelp

Junior Member
Well its looks like im on my own i have talked to just about everyone on that list

and they cant help. I talked to Legal Aid and they cant help either said that

there sole purpose is to protect your income and im on SSI so they can not take

that but they can still get the judgment.So to fight this im on my own.Thanks

for all your input. At least someone tried to help me.And it gave me some new

places to look even if they didnt work out.Yall are very kind thanks alot
 

Zigner

Senior Member, Non-Attorney
Have you always lived in KY since 2004?


What is the name of your state (only U.S. law)? Kentucky
Hello,
I got a civil summons to day Sept-25-2010
So i thought that i could have used the SOL law for one of my defenses as per my credit report says that my last payment on this card was in Sept of 2004 clearly out of the SOL,but as i read the summon a little deeper it stated that this was filed in sept -1-2009. And even with those date i could go with the SOL but then on there papers it say they want Interest starting for April -21-2005 so with those dates that would only be 4 years and not with in SOL.
Is it possible to take a year for me to get a summons?
How do i determine when the clock started ticking on this.
Any help would be grateful.And if i have not been clear enough im sorry and please feel free to ask me for any clarification. Thank you for you time!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top