Legal Opinion

ASSET ACCEPTANCE, LLC v. Smith

Court of Civil Appeals of Oklahoma

Decided February 12, 2010No. 106,957. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1Published

1Opinion of the Court

WM. C. HETHERINGTON, Jr., Judge.

' 1 Asset Acceptance ("Asset") appeals the trial court order granting Appellee Jena M. Smith's ("Smith") request for prevailing party attorney fees. We find attorney fees are not recoverable here and reverse the decision.

1 2 Asset is a collection ageney and assign-ee of Washington Mutual Bank, the Visa credit card issuing bank. The attorney fee award came from a petition filed by Asset to collect indebtedness on a credit card. Smith filed a pro se answer raising the affirmative defense that the debt had been satisfied by a lump sum settlement and payment of…

2Cases cited7 opinions

Kluver v. Weatherford Hospital AuthoritySupreme Court of Oklahoma · 1993
Professional Credit Collections, Inc. v. SmithSupreme Court of Oklahoma · 1997
Swan-Sigler, Inc. v. BlackSupreme Court of Oklahoma · 1966
Underwriters at Lloyd's of London v. North American Van LinesSupreme Court of Oklahoma · 1992
Elmore v. Doenges Bros. Ford, Inc.Court of Civil Appeals of Oklahoma · 2001

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