ASSette acceptance claiming a cc is a written contract

[mark40511]

What is the name of your state? KY

OK...........question. My lawyer sent the collection agency the discovery letter as you can see in my other post. So the TILA defines cc's as open accts. But what if assssett tries to argue it a written contract? Are there other act's that they could possibly use to argue it a written contract even thought the TILA says cc's are open/revolving?

 

[Ladynred]

ASSet most likely WILL try to argue that its a written contract, it is a typical tactic. Some further help may come from your state statutes, many states also include verbage that defines credit cards as 'open-ended' accounts. There may also be some case law that can be used. In addition to the TILA, the FDIC regs also define what a written contract is - a 'closed-ended' agreement where there is a finite term, no reusing of the paid-off credit limit and a few other points. The two together make it fairly clear that a credit card does NOT fall under 'written contract' for credit.

The thing with ASSet is that they hope to win automatically because people are too scared and often too ignorant of the laws and their rights to fight them. When you start costing THEM money - and time, in fighting them, ASSet will quite often back down and dismiss. There are enough cases to show that where the consumer fights back, ASSet does NOT prevail - they want the easy pickin's.

 

[mark40511]

So ladynred........................is there somewhere on the net I can see these cases your talking about where the consumer fought back and asset lost

 

[Ladynred]

The 'findings' were from people who went thur Pacer or went thru on-line dockets for their local or state courts. ASSet files hundreds, probably thousands of lawsuits all over the country. From looking at those cases, most were lost and default judgments granted. In those cases where the consumer challenged them in court by actually showing up and fighting, ASSet ended up losing one way or the other.

 

[guest.]

I can show you all properly contested cases (at least Okla cases) ie: answer to petition filed and requests for admissions answered, are dismissed.
If there is no counter filed the case is dismissed without prejudice. If there is a counter filed it is mutally dismissed with prejudice.

I can't show you any cases a cc was ruled to not be a written contract, which is why I suggested that would not be the only egg in my defense basket. They aren't going to want to fight you, if there is no default or summary judgment available they are not likely to pursue the case.

 

[mark40511]

Well, I will certainly let you guys know what happens with this. I do appreciate your help. And the Kentucky state statute is KRS 413.120. I think