Legal Opinion

Smither v. Asset Acceptance, LLC

Indiana Court of Appeals

Decided January 12, 2010No. 55A04-0902-CV-70PublishedCited by 30 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Jason Smither appeals the trial court's grant of summary judgment in favor of Asset Acceptance, LLC ("Asset"). We reverse and remand.

Issue

Although Smither has raised a number of issues, the primary and dispositive issue in this case is whether the applicable statute of limitations barred Asset's action against him. Facts

In 1999, Smither obtained a Mastercard credit card from Providian Bank. By February 2000, Smither owed over $1700.00 on the card. He made a payment on the account of $271.00 on February 9, 2000, and thereafter never made another payment. On…

2Cases cited21 opinions

  1. Collins v. McKinneyIndiana Court of Appeals · 2007
  2. Reeder v. HarperIndiana Supreme Court · 2003
  3. McMahan v. Snap on Tool Corp.Indiana Court of Appeals · 1985
  4. Newsom v. Board of CommissionersIndiana Supreme Court · 1885
  5. Griese-Traylor Corp. v. LemmonsIndiana Court of Appeals · 1981

16 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Lacy-McKinney v. Taylor, Bean & Whitaker Mortgage Corp.Indiana Court of Appeals · 2010
  2. Fiederlein v. BoutselisIndiana Court of Appeals · 2011
  3. Asset Acceptance LLC v. StocksCourt of Appeals of Utah · 2016
  4. Jarvis v. First Resolution Mgt. Corp.Ohio Court of Appeals · 2012
  5. Midland Funding, L.L.C. v. HottenrothOhio Court of Appeals · 2014

25 more not listed; retrieve them via the Exa API.

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