Acarta claims to have purchased the alleged Chase credit card debt from debt buyer Turtle Creek Assets.
Is Acarta manager Victor Gilgan a qualified witness with personal knowledge about the alleged debt?
Are Acarta’s exhibits admissible?
Does Acarta have standing?
Can Acarta charge interest for the time PRIOR to its alleged purchase of the account while the original creditor Chase Bank chose to waive additional interest after it charged off the account?
Is it relevant that Chase Bank stopped litigation on its credit card accounts after whistleblower Linda Almonte sued Chase, claiming that she was fired because she refused to take part in fraud (the sale of Chase credit card chargeoffs to debt buyers with incorrect balances.)
If admissible, is the unsigned Card Member Agreement a “written agreement” and the account therefore subject to the 6 year statute of limitations instead of the 3 year statute of limitations in effect at the times relevant? (The SOL is now 6 years for credit cards in Arizona.)
Does Acarta’s mislabeling of dates and amounts in the complaint constitute violation of the Fair Debt Collection Practices Act?
The filings are posted at Debt buyer Acarta lawsuit in Arizona court of appeals