Smither v. Asset Acceptance, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Although Smither does not dispute that a contract of some kind existed between him and Providian, it is Asset’s burden in this action to prove the terms of that contract.”
• “Whether we consider the statute of limitations to have begun running on the date of Smither’s last payment or the next payment due date thereafter, Asset’s lawsuit filed on May 30, 2006, was more than six years after both dates”
• “when the last activity on an open account ... has occurred beyond the statutory limitations period, any action as to the entire balance of the account or any part of the balance is time-barred.”

Source: CourtListener parenthetical corpus (CC0).