Mantis Knight

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About Mantis Knight

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  1. I am being sued for a judgment by capital one. I have already gone through filing my answer. I've done that. its been a few months and I hadn't heard anything. today, I received a Motion for Summary Judgment in the mail, and am wondering how to best write my response. since the time lapse during writing my answer, and now, I have mailed a series of certified letters to the CEO of Capital One requesting verification of said debt in which I have not received a response. would these certified letters be something that I can use with my response to motion for summary judgment, that will show that the evidence they attached is very vague. they have a few account summaries showing a balance owed, and an affidavit by someone who claims to have first hand knowledge of this debt, and a generic terms and agreement that they say is a contract. but there is nothing showing a mutual agreement between myself and capital one! HELP! I'm not sure how much time im going to have to file my response to their motion, and I surely wouldn't want to loose after all of the work ive dedicated learning to defend myself. ANY ADVICE WOULD BE GREAT

  2. It can be, but more than half the cases I looked up they just filed an amended complaint that included a generic contract. Arbitration can be much less of a headache.
  3. Case information is currently available from the following courts: Supreme Court, Court of Appeals District Courts: Faulkner County District Court - Conway Department, Hot Spring County District Court - Malvern Department, Pulaski County District Court Circuit Courts: Baxter, Benton, Boone, Carroll, Clark, Conway, Craighead, Crawford, Cross, Faulkner, Garland, Grant, Hempstead (Probate only), Hot Spring, Lee, Logan, Lonoke, Marion, Miller, Monroe, Nevada, Newton, Phillips Poinsett, Pulaski, Saline, Scott, Searcy, St. Francis, Van Buren, Yell and Woodruff Counties *Partial information is available from the following counties: Ashley, Bradley, Calhoun, Chicot, Cleveland, Columbia, Dallas, Desha, Drew, Greene, Howard, Jackson Johnson, Lawrence, Lincoln, Little River, Madison, Ouachita, Polk, Randolph, Sevier, Stone and Union Counties.
  4. It looks like the Arkansas Supreme Court just ruled that "passive" debt buyers have to be licensed to collect. Cavalry, Cach, and a few others tried to say they were hiring lawyers and thus didn't need to be licensed.
  5. @BV80 They can keep me from getting a specific job. @willingtocope A deletion without settlement actually wouldn't help. I have an opportunity involving government work. I suspect they know this and that is why they are unwilling to settle. I've made efforts to dispute and get validation, but they sent the original dunning letters to an address I haven't lived at for more than seven years. So for these two they just ignore me. I caught them on a third account and got timely validation and they closed the collection activity. They had sent that dunning letter to the old address, but then started calling me. The calls were to a cell phone that they had no permission to call, so I might have something there. I also have a recording of an agent threatening to mark the accounts as "refusal to pay" because I tried to settle.
  6. Do I have to be sued to use arbitration? I've got two items handled by Midland and they are not interested in settling. Both items are past SOL and under $2300. I checked the agreements that should be governing and both have JAMS. I thought of giving them another shot at settling with the implication that arbitration would be my only course remaining. Thoughts/inputs?
  7. The case linked before and this case both have motions to stay. Use those two cases as templates. You will probably need to file a counterclaim with your answer. The second case has a very nice Amended counterclaim that would serve as a template. The biggest thing DON'T copy and paste. You need to use them as a template and adjust them to your case. If you copy/paste then adjust It is very very likely that a mistake will be made.
  8. Want to be a thorn, take a look at these two cases and According to PRA isn't licensed in the state of Arkansas. Much like CACH in the second linked case. The JDBs are trying to argue that they are not required to be licensed, but a law firm has two questions before the Arkansas Supreme Court. If the ASC says that they must be licensed then PRA has a problem. Possibly even an FDCPA violation. The second case has a Motion to Stay Proceedings that you could use as a template to get a stay in your own case.
  9. In Arkansas, Credit Cards are 5 years and there is case precedent to back it. They argue that the continued use of the card and signing of the credit slips is an ongoing written contract. If you honestly know nothing of this account and believe that your EX filed with your name on, then you need to start a criminal complaint for identity theft. If the debt was discharged to your EX during the divorce it should be listed in the decree and that would be something to submit. If opposing counsel is Teaven then you have a good chance of beating the suit if you push discovery and stay on top of the case. Don't let them get away with bullying you. A Motion to Dismiss based on failure to comply with Rule 10 could be submitted, but most likely the judge will let them repair the deficiency rather than dismiss. I would still do it, as it puts more work on the Plaintiff.
  10. Certified Mail, Return Receipt requested. Should cost about $6.00
  11. The Cali people can show you how to use Target v. Rocha. As I understand it, from reading previous post and referenced documents, the person HAS to be personally serviceable, not serviceable through counsel. Many here have got the testimony in lieu tossed using that case after being unable to subpena the agent.
  12. @BV80 Couldn't an argument be made that the majority of the transactions could also be that all payment processing, customer service, billing, etc originated in UT. In her Answer she stated "Said account through xxxx originated in the State of Texas, which statute of limitations is four years, of which statute has expired and account is time-barred." So it looks to me like the account was opened in Texas. She may have then moved to UT before moving to AR, we don't know.
  13. Found a case where Defendant successfully used Utah Statute of limitations in Arkansas. Two things though. 1) It looks like the argument was made during trial and there is no paper trail to look at to see what cases the Defendant might have cited. 2) The lawyer for the Plaintiff is Stamatis and he is pretty easy to beat. Check the agreement, It might say that Nevada is the governing law. Nevada looks to have a 4 year SOL.
  14. Did they attach any contract at all? If they didn't you can try a motion to dismiss based on violating Rule 10 of Arkansas Civil Procedure. The Judge is likely to let them fix the problem rather than dismiss, but it is another front to push on. There is precedence in Arkansas pushing credit cards as written contracts and as such use the 5 year statute of limitations.