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.