Author Topic: Debt collector's license  (Read 1724 times)

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howucantoo

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Re: Debt collector's license
« Reply #15 on: April 23, 2012 06:25:30 AM »
I don't know anything about KY state appellate court, but for educational purposes this is what appellant brief looks like in my state;

A) COVER SHEET

1) POINTS AND AUTHORITIES (Case laws by page number) 

2)  NATURE OF THE CASE :  This appeal involves an action arising from Plaintiffís refusal to comply with contractual arbitration per terms and condition of the credit card agreement  (synopsis of the case)

3) JURISDICTIONAL STATEMENT :This is an appeal under Court Rule XYZW, from an order denying (WHATEVER ).The Circuit Court denied defendantís motion to dismiss or, in alternative, to stay the action, etc.
This appeal was filed (X) days thereafter on (Date of  filing ) (this is important because it gives higher court jurisdiction to review the case)

4) ISSUE PRESENTED FOR REVIEW: Did the court err in ruling, as a matter of law, that denied defendantís motion to dismiss /compel arbitration and granted plaintiff's motion for SJ? (  the question is now before the court)

5) STATEMENT OF FACTS :  Where one starts from service day all the way to last hearing. (Case laws)

6)  STANDARD OF REVIEW: The Federal Arbitration Act (FAA) section 2-3 and how it is intended for agreements to be enforced.
Here sections of ATT vs Concepcion are cited.

7) ARGUMENT:  Here one argues why court erred and how one was prejudiced by this error. (Case laws are very important here to establish authority, citing other courts/ rulings who had previously agreed with your points make the case for you.)

8)CONCLUSION: WHEREFORE, for the forgoing reasons..... (It's a wrap)
I am not an attorney, just  type" A" personality.
If you need legal help, you should seek legal counsel.

lisser

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Re: Debt collector's license
« Reply #16 on: April 23, 2012 01:49:54 PM »
Thanks so much.

My appeal is going to be to the Circuit Court in my county since the case is in small claims, District Court.

Luckily my state has a small claims handbook on their justice website. It's very easy to read and follow.

I've got my introduction and statement of facts done (I think). Today I'll be starting on my argument.

Of course I'll also need the "title" page where I list the case number, judge's name, date, etc. but that won't take much time.

If you'd like to see what I've got so far send me a PM. I'll have to email it though. It's already 5 pages long.

KFMAN

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Re: Debt collector's license
« Reply #17 on: April 23, 2012 01:59:21 PM »
Yes I know and I'll search more on here tomorrow about where another DB member provided evidence that the way this statute was being interpreted for this purpose was incorrectly applied.

I'll put it in my appeal for sure if I can get some clarification although I'm not sure I can now that I didn't put it in my MIOSJ since this will not be de Novo. No new evidence can be entered on an appeal from District to Circuit in KY.

I'm not sure if a law is evidence though but if I didn't argue against it in my MIOSJ where the judge couldn't rule consider it, I'm not sure I can put it in my appeal now.

I do thank you for pointing it out.
Please provide the link to that thread.

lisser

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Re: Debt collector's license
« Reply #18 on: April 23, 2012 02:42:50 PM »
Please provide the link to that thread.

I will. I looked through all of my posts last night but could not find it.

I don't think I actually posted in reply to the post in question but I know I replied in the thread so it's somewhere on here.

I'll begin looking for it now and post.

KFMAN

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Re: Debt collector's license
« Reply #19 on: April 23, 2012 03:12:42 PM »
I will. I looked through all of my posts last night but could not find it.

I don't think I actually posted in reply to the post in question but I know I replied in the thread so it's somewhere on here.

I'll begin looking for it now and post.
I have lived on this message board quite a bit over the last 1 1/2 years and never remember anyone saying the law didn't matter.  I sure would like to see the thread.

lisser

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Re: Debt collector's license
« Reply #20 on: April 23, 2012 04:45:29 PM »
I have lived on this message board quite a bit over the last 1 1/2 years and never remember anyone saying the law didn't matter.  I sure would like to see the thread.

I know and I know I'm not crazy or that I dreamt it.

I'm not saying someone said the law didn't matter, I'm saying from my memory another poster presented a compelling argument against the interpretation of the law.

I've been searching and searching bc I know it's on here. I've looked through all of my threads back to a year ago and I know it wasn't that long ago. Again, I'm not sure I posted in the thread I'm talking about though but I know I read it.

I've searched "Kentucky" I've searched K.R.S. 371.050 and I must be using the search function wrong bc I'm not coming up with anything when I type in K.R.S. alone or with K.R.S. 371.050 I don't come up with any matches at all and you know that's not right.

It must be "user error" as it always is the case with me.

Maybe an Admin can help? Maybe they have more search powers/parameters than I do?

I'll keep looking bc I'm stubborn.

 1215

lisser

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Re: Debt collector's license
« Reply #21 on: April 23, 2012 06:00:13 PM »
Ok so I'm not entirely a moron but the thread I'm looking for is not on this board.

It's on creditinfocenter's board.

Here is the argument against K.R.S. 371.050 basically:

"False argument. There is NO case law at all supporting this theory, it goes nowhere. What they paid is immaterial."

Then another member posts K.R.S. 371.050 so the member refuting it says:

"This statute has never been argued in court. There are NO decisions validating this, it goes nowhere. Believe me, we all looked. Even if it was valid, what difference would it make? I bought your account, which gives me a legal right to try to collect the full balance as described in the cardholder agreement. These lenders are not in KY and state banking law does not apply to them. National banks are regulated by the OCC, not the states. Kentucky can pass all the laws they want, they do not apply. This is what most posters do not understand about credit card companies."

Then another member says:

"I could be mistaken, but I believe the KY statute being referred to has to do with contracts that are required to be in writing. 371.010 is the statute of frauds. That's why I think 371.050 applies only to those contracts required to be written. Credit card agreements don't fall into that category."

I hope I've not broken any DB rules by posting comments from another board. I just wanted to show where I got my reasoning from with regard to K.R.S. 371.050 and that I wasn't really crazy thinking it was posted somewhere....just not on DB.

I could post the link to the thread if it's allowed? I'm just not sure it is allowed. Please advise.

I'll PM you the link KF. 

 

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