Another Liars & Cheats EXPOSED documentary

6/13/13 Status conference update – discovery – adding the attorneys as counterclaim defendants

This morning we had the status conference and attorney Brian K. Partridge attended for Acarta.   After they received the appeals court decision they requested more documentation from Turtle Creek Assets and they are preparing a subpoena to send to Chase today.   They have until Monday, August 12, to complete discovery.

I stated that I want to join the attorneys for violations of the FDCPA and that I want to amend my counterclaims.

The next status hearing is on Tuesday, September 3, at 8:30 AM and we will again be attending by telephone.

The attorneys charged legal fees related to defending my counter claims. 

Section 813.  Civil liability  [15 USC 1692k]

On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney’s fees reasonable in relation to the work expended and costs.

If that’s not an unfair practice, what is?  

Looking at the FDCPA, it’s also a false representation that they were entitled to those attorneys fees.

I probably should have filed a motion for summary judgment regarding Acarta’s claim, but thought I had to wait until the time to file a petition for review was up on 6/3.   Also called the appeals court yesterday and they told me that I should be awarded my costs “any day” now as they also waited until 6/3 to award costs.

With regards to Acarta’s attempts to get admissible documentation, IF they should actually prevail in superior court again, I’ll appeal again.   The second time around will be MUCH easier.

And if Acarta were to prevail on appeal, I’d file my petition for review as even original creditors have been unable to provide sufficient evidence as per other appeals court rulings.  While I can’t cite these rulings now, I can present them with my petition for review.  I wouldn’t mind if it went to the supreme court because we don’t seem to have any appeals court rulings that can be cited and it’s highly unlikely that the supreme court will condone debt buyers getting judgments based on inadmissible documentation and without TESTIMONY regarding the original creditors’ computer systems, etc.

For starters, I’ll submit my motion for joinder and request for permission to amend my answer / counterclaims.

4 Responses to 6/13/13 Status conference update – discovery – adding the attorneys as counterclaim defendants

  1. Prefer not to say says:

    I need to speak with you asap. Must file response for Motion for Summary Judgement in Arcadia-Biltmore Justice court on Tuesday. I am in similar situation with same dishonest person(s) and I have uncovered many problems. I am representing myself.

    • Christine says:

      Please have a look at http://creditsuit.org/litigation-forum/midland-funding-v-baker/, I posted my response to the Midland Funding motion for summary judgment. HOWEVER, I have no idea where Arcadia-Biltmore is, Oregon? If so, you have to find OREGON case law, or whatever state you’re in.

      I’m sorry I can’t speak with you, I’m extremely busy right now and it would NOT be helpful.

      I highly recommend that you file a motion for a 30 day extension to respond to the MSJ, just say you need more time to research because you cannot afford an attorney. Also, before you file the motion (best tonight), send an email or fax to their lawyer asking whether they agree to the extension (most courts / local rules require that you confer with opposing counsel) and whether they agree or not, inform the judge in the motion on their position. I’ve never had a request for extension denied, but it must be filed PRIOR to the due date or possibly on the due date, but no later. Also make sure you include a proposed order in the format specified by YOUR court.

      Once you have an extension, you can look for YOUR state’s case law and I can give you some pointers on how to go about that.

  2. Prefer not to say says:

    THANK YOU SO MUCH FOR YOUR PROMPT REPLY. I will get back to you asap, as I am sure you will be interested in hearing exactly who is party to my case and how he intersects with yours. I am in Maricopa County.

    • Christine says:

      Oh, you are in Arizona, never heard of that court district before. So you’re lucky and you can use the case law as it is. What is your defense? Just the admissibility of evidence or SOL too?

      I’ll be glad to help you when I have more time.

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