Recent content by mark40511

Case dismissed!!!!!!!!!!!!!! Heres the e mail i recieved from my attorney today. An it only cost me 400 dollars in attorneys fees...but it was better than $8000.00 The defendant has agreed to dismiss its case with prejudice. I will furnish you with a copy of the Order once it has been...

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.

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...

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...

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?

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.

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...

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

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

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...

Got a copy of a letter my attorney recieved from the plaintiff's attorney today responding to the first letter he sent them stating that they were sure that they could come up with everything we asked for but to please allow 35 to 40 days. No response yet from the discovery letter.

Letter! Thanks ladynred. I got a letter in the mail today that my lawyer sent to them...here it goes...what do ya think? COMMONWEALTH OF KENTUCKY FAYETTE DISTRICT COURT SECOND DIVISION...

What is the Discovery process? What is an admissions letter? Admiting to the debt? What difference does it make if the SOL ran out?

Ok Really. They did not follow the rules of civil procedure? What would those rules be? They relied soley on the SOL defense? Thats not enough?

No Actually..........They're not on my credit report. It's totally clean since I bought my house. So let me ask this. If my lawyer does send a letter stating that the SOL expired in 2001 and to dismiss based on this. Will asset take this further? I'm really really hoping they drop this. I don't...