ASSET ACCEPTANCE, LLC v. SMITH

No. 106,957. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

229 P.3d 1287 (2010)

2010 OK CIV APP 26

ASSET ACCEPTANCE, LLC, Plaintiff/Appellant, v. Jena M. SMITH, Defendant/Appellee.

Court of Civil Appeals of Oklahoma, Division No. 1.

February 12, 2010.


Attorney(s) appearing for the Case

William L. Nixon Jr., Love, Beal & Nixon, P.C., Oklahoma City, OK, for Plaintiff/Appellant,

John C. Cramer, Cramer Law Firm, Lawton, OK, for Defendant/Appellee.


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.

¶ 2 Asset is a collection agency and assignee 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...

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