Asset acceptance suing me KY civil summons

[mark40511]

You Know. I have a question that just occured to me. I moved to Knoxville , TN and lived there for a year. That is where the charges were made.Prior to that I lived in NC where the card was applied for in 1993 I believe. The statute for open and written in TN is six yrs. The statute in NC for open and written is three yrs. But since I'm in KY do we go by KY's statutes or how does this work? I've lived in Lexington, KY since aug '96. So the last payment on this card was june or july '96.

 

[JETX]

But since I'm in KY do we go by KY's statutes or how does this work?

The creditor gets to chose which state SOL applies, based on the following:
1) The venue as stated in the contract, if one, or
2) Your current state, or
3) The state where the contract was entered into.

One other thing to consider.... most states provide for a 'freezing' of a state SOL if you leave the state.

 

[Ladynred]

True enough, but in general, they'll sue you where they can find you - in your current state (if they know you're there). Once they sue you where you live NOW, you can use that state's SOL.

 

[boonehead]

Does the state really matter? The sol is exceded in any of the ststes, if it was charged off in 97 it has been 8 years

 

[JETX]

Does the state really matter?

Of course it matters!!
Each state sets their own limitations on actions.

 

[mark40511]

UUGGHHH! How much longer is it going to take????.....Still no response from the plaintiff. I hate the waiting. I called my lawyer, He says we have to wait for their response. I will let you guys know what their response is once my lawyer gets it.

 

[mark40511]

UPDATE!

My lawyer just called me today. He said their attorney called him and asked for another 30 days to come up with our discovery requests. He agreed to 14 days. What do you think?

 

[JETX]

My lawyer just called me today. He said their attorney called him and asked for another 30 days to come up with our discovery requests. He agreed to 14 days. What do you think?

I think you need to tell your attorney to quit being so generous. Force this issue into court.... or their dismissal!!

 

[Ladynred]

I have to agree with JetX They need to S**T or get off the pot !!

If they can't produce the documents in the time already given to them, its doubtful they can do so with 14 more days. The fact is ASSet is a junk debt buyer (JDB), they don't buy the WHOLE account with all its backup documentation, it would cost them too much money. In order to GET the REAL records, they have to go back to the original creditor who will most likely charge them to get the information !

 

[mark40511]

I asked my lawyer why he gave them 14 more days. He said because the courts would grant them an extension in most cases anyway (or something to that effect). So he went ahead and gave them 14 days instead of the 30 they asked for. Ladynred and JETX. You two seem to be keeping up with my post and I really appreciate. i will let you guys know what happens as soon as it happens. Thanks.

 

[mark40511]

UPDATE


My lawyer contacted me today through e mail. He said that the plaintiff has proposed dismissing my case without prejudice, which means they can re-open my case later. His response was "hell no" that we want "with prejudice" meaning they can't re-open it later. It said to feel free to contact him with any questions. I tried calling my lawyer but didn't get him. So did my lawyer do the right thing?

 

[JETX]

So did my lawyer do the right thing?

Probably. Presumably, he has more factual information than we do so feels pretty strongly that the SOL has tolled.... and wants to protect you from them simply re-filing later.... and causing you this same situation.

 

[Ladynred]

See.. I told you that if you FIGHT ASSet and make them WORK to win, they will back down and go away !! This happens pretty regularly with them, they know they can't win in a REAL fight, so they dismiss. You really DO want it dismissed WITH Prejudice !

 

[mark40511]

So, if it's dismissed with prejudice, It can't be sold to another CA? I never have to worry about this debt again?I will let you know what they do but they told my lawyer they would get back to him.

 

[JETX]

So, if it's dismissed with prejudice, It can't be sold to another CA?

Nope. The dismissal (with or without prejudice) means ONLY that the named plaintiff (this agent or owner) can't refile. Any new owner or agent can file a new suit.

I never have to worry about this debt again?

See above.