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Author Archives: Christine

Acarta dismissed its claim

I’ve been so busy battling Midland Funding, I haven’t gotten to update here. Judge Jantzen denied both of our motions for summary judgment and we were set to go to trial.  At the next status conference Acarta announced that it wanted to dismiss its claim. So now they got away with countless FDCPA violations andContinue Reading

Acarta offer of judgment and settlement offer

Acarta sent me an offer of judgment for $1,001 + unpaid court costs for the single counter claim related to interest charges currently part of this case.  Judge Jantzen DENIED my motion for leave to amend my counterclaims to include additional FDCPA violations and to join the attorneys. I finally decided to accept the offerContinue Reading

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 thatContinue Reading

My statement of costs and status conference in superior court 6/13/13

I uploaded my statement of costs and the superior court order regarding the status conference.   I suppose I should be filing a motion for summary judgment, but I’m so busy with my gardens and plants, just don’t have time. In fact, preparing the statement of costs was a major ordeal because I got fee waiversContinue Reading

Appeals court reverses Acarta summary judgment and upholds one counterclaim

I just received email notice of the appeals court memorandum and posted it with the filings. For the reasons explained below, we reverse the summary judgment on the contract claim.  We affirm the summary judgment on Baker’s counterclaim in part, and remand the matter for further proceedings. I’m so excited, just read it quickly andContinue Reading

My 11/19/12 Reply Brief is online

Been so busy and just finally posted my reply brief with the court of appeals filings. I found it very perplexing that many of Acarta’s citations in its answering brief seemed to be in my favor.  Continue Reading

Acarta filed the answering brief on 10/25/12

I’ve been so busy, haven’t even had time to post here.  My reply brief is due on 11/19. The Acarta answering brief is posted with the appeals court filings. Of course I’ll greatly appreciate any pointers and relevant cases.Continue Reading

Arizona Court of Appeals rules in favor of debtor and against Discover because statements were hearsay

On 10/25/12 the Division 1 Appeals Court reversed the Superior Court’s summary judgment for Discover in Discover Bank v. Jankowski v. Discover filed a motion for summary judgment and provided an affidavit and statements, but failed reference the statements (attached to the motion) in the affidavit.  So the court ruled: ¶10 To fall within theContinue Reading

My 9/21/12 opening brief

I just uploaded my opening brief: Appeals Court Filings I know that thousands of consumers are looking for information on how to defend themselves against debt buyer lawsuits.  I’m NOT an attorney and I do NOT expect to prevail.  HOWEVER, my filings are a good START for your defense and I’m hoping that the appealsContinue Reading

My email to the Arizona NACA FDCPA consumer attorneys

I just sent an email to the NACA attorneys: Hi, 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 bestContinue Reading