I just sent an email to the NACA attorneys:
This is a mailing to all Arizona FDCPA attorneys listed at NACA.net. No attorney was willing to assist me when I was sued in Kingman superior court (for various reasons, but primarily because there are no consumer attorneys in Mohave county). I did the best I could pro se and as expected, Acarta prevailed on all issues. All filings are now posted at http://liarsandcheats.info/debt-buyer-acarta-lawsuit-in-arizona-appeals-court-interest-documentation-sol
My response to the Acarta motion for summary judgment explains the issues:
1) The 3 year SOL expired by the time Acarta filed the complaint and the unsigned Card Member Agreement does NOT refer to me or my account and is therefore not a “written agreement.”
2) Acarta did not have standing (no authenticated documents pertaining to the alleged debt)
3) Acarta charged interest from the date Chase charged the account off. Chase had stopped adding interest at that time and later sold the account for the amount owed at the time the account was charged off.
My opening brief is due on 9/21/12 and while I received extensions because I had so much trouble getting the transcript of oral arguments, I suppose an attorney could get another extension.
And since I’m probably on my own, I’ll greatly appreciate any relevant Arizona case law or possibly the briefs leading up to the Cach v Askew in Missouri Supreme Court opinion.
I am fully aware that I’m creating BAD case law by litigating pro se. Frequently judges like superior court judge Lee Jantzen completely ignore the issues and rule for the debt buyer without even bothering to explain his rulings just because the consumer admits to having owed the debt to the original creditor.
I got this exact same disrespect at the 9th circuit court of appeals. When attorneys go to court, they obviously don’t always prevail (only one party can win!), but at least the judges analyze the issues and the arguments.
Of course I’m hoping that the Arizona court of appeals will not simply affirm because I’m not an attorney and I DID prevail once on appeal from a justice court ruling against mortgage lender First Magnus in a TCPA case. So we’ll see.