Wealthy Private Party JDB - Scumbag attorney - fighting MSJ

[Me in AZ]

Hello and thank you for taking the time to respond and offer any assistance

I have to file my Response and Opposition to MSJ by 11/13

I have listed an account of case below from start ending with the P MSF ...

I'm working on response to MSJ and will post as soon as I am finished .... looking for any additional case law Ariz or Fed to counter all the case law they stated in MSJ... Ariz is not super consumer friendly and I would really like to have some solid case law to back up my defense.

I have printed Reply to MSJ from Beergoggle for Ariz and a ton of stuff from Coltfan, 1st Step, BV80 and a few more.... any additional help with wording would be appreciated.

I've been consuming all the data I can find since 10/25 when I realized they MSJ had been filed and I am feeling a bit overwhelmed and have some info overload going on ... a lot at stake and I'm scared ....

Specifics of my case are listed below

1. Plaintiff: Brookstone Seven, LLC a SD LLC

2. Law Office of James R. Vaughn

3. Almost 17K + int from 6/09 + attorney fees

4. OC: Chase sold to Global Acceptance who sold to Brookstone

5. Complaint filed - 8/1/11 - I new about the suit long before they served me via Superior Court site

6. Alternative Service Ordered - docs left at residence

7. per Arizona 4.1 (m) Alternative Service authorized posting at Residence and copy sent via US mail - mailed copy never received and I stipulated as much in my Answer to complaint

8. No correspondence received by me prior to being served

9. Maricopa County, Arizona

10. last paid 10/08

11. 6 years

12. Status .... served 4/12, answer filed 5/12 within 20 days, arbitrator assigned date set for 10/12, I served Plaintiff with interrogatories & request for production 9/25, they filed motion to extend Arbitration 9/25, they claim to have served me (via us mail) 26.1 Disclosure 10/1, claimed to have served me with Plaintiff's request for defendants Disclosures (via us mail), 10/2 claimed to have served me with response for production and Response for Interrogatories (this I actually received post marked 10/9) and then they claimed to have served me 10/12 with the MSJ - thank goodness I watch what they are filing online but unfortunately I did not notice this until 10/27 ....

13. have not disputed the debt with anyone

14. no contact prior to suit

15. 20 for original complaint .... I filed on the 20th day

16. there original complaint contained nothing other than the complaint itself

Complaint contains:

1. my name, previous address from DMV records

2. Defendant entered into a contract for payment with Chase Bank USA, NA

3. Plaintiff purchased Defendants Contract for payment and Plaintiff is the Sole Owner of all right, title and interest in and to said contract. Plaintiff purchased Defendants' agreement to make full payment to Chase.... and Plaintiff is the sole owner of all right title and interest in and to said agreement

4. Defendants failed to make payments as required by the written agreement and defaulted on June 30, 2009. Plaintiff has fully performed the terms of the contract and has satisfied all contractual conditions precedent to or for this lawsuit.

5. The principal balance and remaining due and unpaid is $17K approx plus interest at the rate of 18% from June 30, 2009 until paid

6. The written agreement provides that finance charges and interest were added to the principal balance each month that the total balance was not paid in full at the end of the billing cycle. Absent full payment the periodic interest was calculated daily and compounded by Chase Bank USA, N.A. at the end of each day that the full balance remained unpaid. The amount owed on the default date, June 30, 2009, is the principal balance on which post default interest accrues.

7. Although payment was demanded, Defendants have failed to pay the indebtedness and Plaintiff has retained the undersigned attorney to collect the debt owed.

8. Defendants Contract for payment requires payment for all of Plaintiff's reasonable attorney fees.

9. Defendants are jointly and severally subject to judgment for each others debts pursuant to AZ Community Property law (my ex husband was initially listed as a defendant but Plaintiff filed a motion to dismiss with prejudice after I filed my response on my behalf only)

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for judgment against defendant as follows:

A. Principal Balance of $17K approx

B. Interest from 6/30/09 at 18% until paid

C. Attorney Fees pursuant to ARS 12-341.01 as may be awarded after judgment;

D. Plaintiffs costs incurred herein and accruing hereafter

E. Interest for Attorney fees and costs at the highest rate permitted by law from the date of judgment until paid;

F. in the event of default judgment, that this court award reasonable attorney's fees in the amount of $310.00; and

G. Such other relief as justice requires

dated 6/25/11 and filed 8/01/11

By: James R. Vaughn himself

My Answer:

Now come Defendant, Me IN AZ ONLY, Pro Se, who denies the following paragraphs of the Plaintiff’s Complaint

1. Defendant denies the allegations contained in Paragraph 1 of the Complaint as said address is not the defendants address.

2. Defendant denies the allegations contained in Paragraph 2 of the Complaint as Defendant does not have sufficient knowledge sufficient to form an opinion as to the truth or accuracy of alleged account.

3. Defendant denies the allegations contained in Paragraph 3 of the Complaint as Defendant has insufficient knowledge of said contract and Defendant has no knowledge of the alleged purchase of said contract. Defendant has insufficient knowledge and/or documentation as to the truth or validity of plaintiffs claim.

4. Defendant denies the allegations contained in Paragraph 4 of the Complaint as Defendant has insufficient knowledge and/or documentation as to the truth or validity of Plaintiffs claim.

5. Defendant denies the allegations contained in Paragraph 5 of the Complaint as Defendant has insufficient knowledge and/or documentation as to the truth or validity of Plaintiffs claim.

6. Defendant denies the allegations contained in Paragraph 6 of the Complaint as Defendant has insufficient knowledge and/or documentation as to the truth or validity of Plaintiffs claim

7. Defendant denies the allegations contained in Paragraph 7 of the Complaint as Defendant has insufficient knowledge and/or documentation as to the truth or validity of Plaintiffs claim.

8. Defendant denies the allegations contained in Paragraph 8 of the Complaint as Defendant has insufficient knowledge and/or documentation as to the truth or validity of Plaintiffs claim.

9. Defendant denies the allegations contained in Paragraph 9 of the Complaint as Defendant has insufficient knowledge and/or documentation as to the truth or validity of Plaintiffs claim.

II. Affirmative Defenses

1. The plaintiff has failed to adhere to proper service of the Complaint and Summons as per the specific court instructions under the Order Authorizing Alternative Service, by failing to deliver Certified Mail, to ME IN AZ only authorized on 4/16/2012. To the knowledge of the defendant the Plaintiff has failed to comply with Rule 4.1, Rules of Civil Procedure, modes of service. As no other modes of service have been evidenced.

2. Defendant was not notified of said purchase of alleged contract for payment.

3. Defendant has been provided no proof of said purchase of alleged contract for payment to substantiate the plaintiffs claim.

4. Plaintiff has failed to prove Valuable Consideration as there was no items of value or monetary enrichment received by this defendant from said Plaintiff

5. Plaintiff admits to purchase of defaulted debt allegedly owed by the Defendant, causing Plaintiff's injury to its own self, therefore Plaintiff is barred from seeking relief for damages

6. Plaintiff's Complaint violates the statute of Frauds as alleged contract or agreement falls within a class of contracts or agreements required to be in writing. The alleged contract or agreement in the Complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person.

7. Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff.

Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date.

[Me in AZ]

My Request for production - I list their response after each item

DEFENDANTS ATTORNEY INFORMATION

______NONE_____________

MARICOPA COUNTY SUPERIOR COURT

IN THE STATE OF ARIZONA

Brookstone Seven, LLC Case Number:

A South Dakota Limited Liability Company

11445 E. Via Linda Ste2-610 REQUEST FOR PRODUCTION

Scottsdale, AZ 85259

Plaintiff(s)

vs. (Assigned to the XXX)

Me in AZ Plaintiff(s) Attorney Information

Po Box XXXX James R. Vaughan SNB 016809

Scottsdale, AZ 85259

Defendant(s) 602-279-0778

To: Brookstone Seven LLC and its Attorney of Record:

The Defendant in the above stated matter respectfully requests, pursuant to Rule 33, of the Arizona Rules of Civil Procedure, request the Plaintiff answer in writing and under oath within (40) forty days of receipt hereof the following interrogatories. The defendant requests full and honest disclosure of all material that proves the alleged indebtedness and ownership of the debt, as well as answers to the following interrogatories;

Instructions and Definitions

1. For the purpose of these interrogatories, the following definitions apply:

A. “Defendant” means ME IN AZ. The Alleged “Original Creditor” is Chase Bank USA, N.A. and the “Account” means the alleged account related to the debt.

B. “Plaintiff” or “Plaintiffs” refers to Brookstone Seven LLC as well as any person in their agency or employ.

C. “Creditor” refers to Brookstone Seven LLC, as well as any person in their agency or employ.

D. “FDCPA” refers to the Fair Debt Collection Practices Act in it’d entirety.

E. “Document” as used herein means original, copies of original, or copies of any records, minutes, notices, books, papers, contracts, memoranda, invoices, correspondence, notes, calendars, photographs, drawings, charts, graphs, other writings, recording tapes, recording discs, mechanical or electronic information storage or recording elements (including any information stored on a computer), written and recorded telephone messages, and any other “documents”. If a document has been prepared in several copies, or additional copies have been made that are not identical (or are no longer identical by reason of subsequent notation or other modification of any kind whatsoever, including without limitation to notations on the backs of pages thereof) each non-identical copy is a separate document.

F. “And”, “Or” and “And/Or” shall be construed as broadly as possible so that information otherwise within the scope of the request is not excluded.

G. “Statement” or “Statements” means the periodic monthly statement issued by Plaintiff and/or Original Creditor.

H. “Assignment Agreement” includes but is not limited to Bill(s) of Sale, the Actual Purchase and/or Assignment Agreement Document(s) including but not limited to the Terms and Conditions of Sale, and the Schedule of Accounts included in the Sale. Assignment/Purchase Agreement(s) shall also mean the complete documentation of the Chain of Custody between the Original Creditor, any subsequent Creditor and the Plaintiff.

I. “Application” means the document(s) submitted to the Original Creditor for the purpose of acquiring said account.

J. “Person” includes natural persons, Corporations, Partnerships, Associations, or any type of Entity, and Agents, Servants, Employees, and Representatives thereof.

K. The “debt” means the alleged debt that is the subject of this lawsuit.

L. The term “Identify”, when used in reference to an individual person and/or business entity means to state the person’s or entity’s full name, and if applicable , present occupation or position, professional qualifications, employer, employees, present business address, and present/past business affiliations with or relationships to any parties herein in this action known. Including any other collection type entities in which the attorney and all associates in the firm for Plaintiff also holds an ownership interest.

M. When used in reference to a document, “identify” means to describe the type of document, (ie “letter”), date, author and addressee, to state the location of the documents and the name, address and relationship to each party in this action of each and every person who has such document in his or her possession, custody and control.

N. “Attorney” means James R. Vaughn and all Associates/Employees. Or any other Arizona Licensed Attorney employed by James R. Vaughn and all Associates/Employees.

O. Please remember that when answering the interrogatories, you must furnish all requested information, not subject to valid objection that is known by, possessed by, or available to you or your subsidiaries, employers, employees, managers, attorneys, consultants, agents or representatives.

P. If Plaintiff is unable to fully answer any of these interrogatories, please answer them to the fullest extent possible, then specify the reasons for your inability to further answer and state whatever information, knowledge or belief that you have concerning the portion not fully answered.

Q. Each numbered subpart of a numbered interrogatory is to be considered a separate interrogatory for the purpose of objection. Thus, you must object separately to each subpart; and if you object to less than all of the subparts of numbered interrogatories, answer the remaining subparts.

R. If any information called for in these interrogatories is withheld on the ground that such information is for any reason exempt from discovery, then:

1. State the ground or grounds for withholding such information;

2. Describe the type of information being withheld;

3. Identify all persons who have knowledge of the information being withheld;

4. Furnish such other information as may be required to enable the court to adjudicate the propriety of your refusal to furnish such information;

S. Please remember that you are under a duty to reasonably supplement your response to each question directly addressed to the identity and locations of persons having knowledge of discoverable matters, and all other information that may come to you in the future.

1. For persons, state the person’s name, residence address, business address, telephone number and the name of his/her employer;

2. For entities, state the name and address of its principal place of business, telephone number(if person’s entity’s present address is known, please give his/her last known address);

3. For documents, state the author, addressee and recipient, date, a general description, a brief summary of its contents, the name and address of the custodian or the original, or best copy, any other descriptive information necessary in order to adequately of such identification, you may attach a copy of each document to your answer to these interrogatories;

4. For oral communications, state exactly what was said, when, where, by whom, to whom, and who else was in hearing distance; and identify all documents that mention, relate to, or have any connection with each such communication;

5. Whenever appropriate in these discovery requests, the singular and plural forms of words shall be interpreted interchangeably so as to bring within the scope of these requests any matter which might otherwise be construed outside their scope;

6. Unless otherwise indicated, these discovery requests apply to the time period commencing when the Defendant allegedly opened the account, through the present;

7. Except as expressly provided in a particular discovery request, all of the utilized in these discovery requests shall have the meaning given to them in the Indiana Trial Rules of Civil Procedure.

Claims of Privilege

If an objection to a request is based upon a claim of privilege or attorney work product, identify each document so withheld. With regard to all documents or portions of documents withheld on this basis, identify its creator; provide a brief description of the document, and state with particularity the basis of the claim of privilege, work product, or other ground of nondisclosure.

Lost or Destroyed Documents

If any document requested has been lost, discarded, or destroyed, identify such documents. State the type of document, its date, the approximate date it was lost, discarded, or destroyed, the reason it was lost, discarded or destroyed, a summary of its substance, and the identity of each person having knowledge of the contents thereof.

[Me in AZ]

Discovery

1. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶2.

a. The fully executed contact that lists all of the terms of said account, along with any and all amendments and/or modifications to said referenced contract.

RESPONSE from P: P disclosed cardmember agreement and monthly statements supporting its averment that defendant entered into contract with Chase in 26.1 disclosure (which they claim to have mailed the day before this response)

2. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶3.

RESPONSE: P provided copies of Bills of Sale and detailed account statement of account showing ownership of contract in 26.1 and P will not provide again (they stipulate basically the same things for A,B, & C.)

a. All documentation to prove that Plaintiff is in fact the Sole Owner of alleged contract between the Defendant and Chase Bank USA, N.A.

b. A complete copy of contract and/or assignment to demonstrate who/what entity transferred ownership to Plaintiff. If entity that transferred ownership was not Chase Bank USA, N.A. then provide further documentation as to how their ownership interest was acquired and from whom.

c. Provide all fully executed copy of said assignment/contract that clearly demonstrates what the Plaintiff is entitled to via said purchase.

3. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶4.

Response: P provided detailed statement of account and monthly statements - demonstrate the D failed to make payments - they also provided copy of a letter that they claim to have mailed to a previous residence that I no longer owned and was not my last address on record with Chase- they state chase performed under contract ..assignment of contract imputes this performance of these conditions to plaintiff

a. Provide copy of written agreement that pertains to alleged account of Defendant which stipulates payment agreement and any modification/amendments made thereto.

RESPONCE: P provided cardmember agreement and monthly statements that contain information sought by this request (same response for A-D)

b. Provide documentation of alleged default date

c. Provide a copy of full agreement that explains what terms the Plaintiff has fully performed and satisfied.

d. Provide documentation that the Plaintiff has fully performed and satisfied said terms.

4. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶5.

a. Produce all statements to justify the calculation of said principal balance owed.

b. Produce all documentation that allows for an interest rate of 18%.

c. Produce all documentation to justify date in which interest rate of 18% began accruing

RESPONSE: P claimed cardmember agreement, monthly statements, detailed account history and letter support their claim

5. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶6.

a. Produce all contract and amendments/modifications that pertain to alleged account that allow finance charges and interest to be added to the principal balance.

RESPONSE: P again claims cardmember agreement, monthly statements, account history

6. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶7.

a. Produce any and all documents pertaining to Plaintiff’s alleged demand for payment.

b. Include copies of all letters and stipulate how letters were sent

c. Produce call logs if calls were placed detailing date, time and number called, whether or not Defendant was reached and if not was a message left, if message was left what was the content of the message?

d. Produce evidence to support what indication Plaintiff had that address being used was a valid address for the Defendant.

RESPONSE: Copy of letter from P to D requesting payment of debt, for A-B they objected to C claiming outside the scope of discovery, protected information, unduly burdensome, etc...

D: Objected beyond scope of discovery

7. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶8.

RESPONSE: They claim Card member agreement provides

8. Produce documentation to support each and every fact of the Plaintiffs Complaint ¶9, items A-H.

RESPONSE: They quote community property laws

a. Provide proof that all alleged debt was incurred prior to Defendants divorce from Ex Me in AZ and prior to EX ME IN AZ being removed from alleged account.

9. Produce copies of all documents provided by Chase Bank USA, N.A. to Plaintiff at any point prior to, during and after the acquisition of said account. Include all documents acquired by Plaintiff as a result of subpoena served to Chase Bank USA, N.A. on January 30, 2012.

RESPONSE: They claim all documents were disclosed in 26.1 disclosure

10. Produce documentation to support each and every fact of the Plaintiffs Complaint which stipulated Defendant is indebted to pay the Plaintiff and when was this agreed statement entered into?

RESPONSE: Objection request ask plaintiff to produce proof of a stipulation that the Defendant is indebted to pay plaintiff but Plaintiff is unaware of a stipulation to that effect ... they go on to state that they have already provided information showing I owe them under a contract ... they stip if that is not what I want I must clarify before they can respond

11. Produce documentation to prove on what date the Defendant allegedly became indebted to Plaintiff.

RESPONSE: Objected - I went over the 10 item limit (I missed this and they objected to all my further requests under this stip

12. Identify evidence of all witnesses with evidence in support of your Complaint that the Defendant, entered into a contract and is indebted to the Plaintiff.

13. Produce evidence of the status of the alleged account on the date in which Plaintiff acquired account?

14. Please produce and describe each exhibit you will use in the Arbitration of CV CASE NUMBER

15. Provide documentation that reflects the amount the Plaintiff purchased said account for.

16. Copies of all documents referred to by Plaintiff in response to the Defendants’ non uniform interrogatories.

17. Copies of all documents that the Plaintiff intends to use or may use at arbitration or trial.

Dated this ______ day of September, 2012

______________________________________

Me in AZ

ORIGINAL of the foregoing was

Certified Mailed this 24th day

of August, 2012 to:

Attorney for Plaintiff:

James R. Vaughn

11445 E. Via Linda #2-610

Scottsdale, AZ 85259

Arbitrator:

His info

My initial non uniform interrogatories - I reiterate their answer after my request items below

DEFENDANTS ATTORNEY INFORMATION

______NONE_____________

MARICOPA COUNTY SUPERIOR COURT

IN THE STATE OF ARIZONA

Brookstone Seven, LLC Case Number:

A South Dakota Limited Liability Company

11445 E. Via Linda Ste2-610 Defendants Initial Non-Uniform

Scottsdale, AZ 85259 Interrogatories to Plaintiff

Plaintiff(s)

vs. (Assigned to the XXXXX)

ME IN AZ Plaintiff(s) Attorney Information

James R. Vaughan SNB 016809

Scottsdale, AZ 85259

Defendant(s) 602-279-0778

I

[Me in AZ]

P MSJ

After all the standard blah blah based on Rule 56 Arizona Rules of Civil Procedure ......

1. Plaintiff has valid assignment of the original creditor's account with Defendant. See Exhibit 3 The Az Sup Ct noted Az Law "generally allows the assignment of unliquidated legal claim" including "debts of all kinds" Wedd v. Gittlen, 217 Ariz. 363, 364. 6, 174 P. 3d, 275, 276 (Ariz. 2008) (en banc). An "assignee steps into the shoes of the assignor" and acquires the rights held by assignor. K.B. v. State Farm Fire & Cas Co. 189 ARIZ. 263, 267, 941 P.2d 1288, 1292 (App. 1997); accord Carpenter v. Superior Court, 101 ARIZ. 565, 567, 422 P.2d, 129131 (1966); (Misic v. Bldg. Serv. Employees Health & Welfare Trust, 789, F.2d 1374, 1374 (9th CIr. 1986) (per curiam). The Original creditor has passed its rights to Plaintiff and Plaintiff can sue to enforce them.

2. P therefore has standing to sue. Standing ensures that courts do not issue advisory opinions, address moot cases, or deal with issues that have not been fully developed by true adversaries. See Armory Park Neighborhood a$$'n v Episcopal Cmty. Svcs., 148 Ariz.1, 6, 712 P.2d 914, 919 (1985) " To gain standing to bring action, a Plaintiff must allege a distinct and palpable injury. "Sears v. Hull, 192 Ariz. 65, 69, 16, 961, P.2d 1013, 1017 (1998) citing Warth v. Seldin, 422 U.S. 490, 501 (1975)

3. Defendant's Answer issues general denials of the averments in the complaint. (See Answer). Plaintiff has provided Defendant with proof of the contract, its terms, and breach. (See Exhibits 1, 2, 4 and 5, respectively). Plaintiff has also provided Defendant with a calculation of damages flowing from the breach of contract. (See, Exhibit 5). In addition, the Monthly Statements, kept in the regular course of business, show numerous charges and payments before the Defendant's default . (See, Exhibit 2). These records establish the existence of an agreement between the Defendant's and Chase Bank, USA, assignors to the Plaintiff, and reinforce the default and damages causes by Breach of the agreement. Given this proof, Defendant may not avoid summary judgment with a general denial. They must produce some evidence of a genuine issue of material fact.

4. While Account was open, before the time the account was charged-off on June 30, 2009, numerous charges and payments were made and posted to the account. (See Exhibit 2). The account activity illustrates Defendant's intent to enter into a debt-creating agreement to repay the original creditor. Therefore, the issuance of the card, or the application, is irrelevant because the Defendant made purchases and payments on the account.

5. The Chase Card Member Agreement on the first page, paragraphs 1 and 2. (Exhibit 1) state:

... any use of this card is covered by this agreement ... you authorize us to pay for and charge your account for all transactions made on your account. You promise to pay us for all transactions made on your account, as well as any fees or finance charges ....

Pleasesign the back of your card when you receive it . You will be bound by this agreement if you or anyone authorized by you use your account for any purpose, even if you don't sign your card.

6. Defendant's use of the card is equivalent to a written, signed agreement due to subsequent , full performance of the agreement by Chase Bank USA, NA. There is no dispute that the issuing bank fully performed by paying for all defendant's purchases. Complete performance by one party satisfies the requirement of a signed writing. See e.g., Hill v. Am Express, 289 GA App. 576, 657 S.E.2d. 547 (explaining why the consumer's ink signature is irrelevant to the enforceability of a written agreement); Wincheck v. Am. Express Travel Related Servs. Co., 232, S.W.3d 197, 202 (Tex. App. 2007) (same). Because the bank paid for all of the Defendant's purchases, no statute of frauds defense exists on the basis that no one provided an ink signature.

7. In addition, Arizona law recognizes "part performance" as an exception to the statute of frauds. Based on the principals of estoppel, :if it is established that the parking seeking enforcement, is reasonable reliance on the contract and on the continuing assent of the party against whom enforcement issought, has so changed his position that injustice can be avoided only by specific enforcement. "Owens v M.E. Schepp Ltd. P'ship, 218 Ariz. 222,226-227, 228, 18, 182 P.3d 182 P.3d664, at 668-69 (2008), (Quoting Restatement (Second) of Contracts. 129 (1981) Plaintiff's assignor assignor's full performance -- full payment by Chase Bnak, USA, N.A. for all defendant's purchases -- substitutes for ink signatures on the agreement as a matter of law, because the original bank's performance is "unequivocally referable" to the written agreement, in conformity with the legal standard stated in Owens opinion.

8. The applicable statute of limitations requires the Plaintiff to file suit within 6 years of the default. Arizona Revised Statutes , 12-548, provides:

A. An Action for debt shall be commenced and prosecuted within 6 years after the cause of action accrues, and not afterward; if the indebtedness is evidenced by or founded on either of the following:

1. A contract in writing that is executed in this state

2. A Credit Card as defined in Section 13-2101 2, paragraph 3 subdivision (a)

2. noted at bottom of page describes ARS 13-2101 (3)(a) defines a credit card as follows.....

9. An express contract exists between Chase Bank USA, N.A> and the Defendant in the form of a Cardmember Agreement, (See Exhibit 1). The statute explicitly provides that credit cards are subject to a six year statute of limitations. Defendant's account was charged off on 6/30/09, and Plaintiff brought suit less than 6 years later on 8/1/11.

[Me in AZ]

10. Defendants asserts improper service as an affirmative Defense. (See Answer) Defendant claims service of process was invalid because the Plaintiff failed to deliver certified mail (See Answer). However pursuant to Rule 4.1 (m) and 4.2 (f) of the Arizona Rules of Civil Procedure, service may be made by posting a copy of the summons and complaint on the Defendant's door and by first class mail to the last known place of residence. On 4/16/12, this court granted Plaintiff's Motion for Alternative Service on Defendant (me) (See Exhibit 6). On April 27, 2012, a certified process server posted copies of: the Order, Summons, Complaint and certificate of compulsory Arbitration to the front door of Defendant's abode at ........ (See Exhibit 7) In accordance with Rule 4.1(,m) of the Az Rules of Civil Procedure, additional copies were also mailed via first class mail to Defendant's abode. Therefore service process was proper.

11. Defendant also asserts Plaintiff has failed to prove "valuable consideration" (See, answer) Answers alleging that a "written instrument upon which the pleading is based is without consideration, or that consideration therefore has failed in whole or in part" must be "verified by affidavit." Ariz.R.Civ.P. 9(i) The contract underlying the complaint is in writing, but this Answer is not verified. "Consideration" is generally defined as "any benefit to the promisor or detriment to the promisee." Hill v. Chubb Life Am. Ins. Co., 182 Ariz, 158, 164, 894, P.2d 701, 707 (1995) (quoting US Life Title Co. of Ariz. v. Gutkin, 152 Ariz. 349, 354, 732, P.2d 579, 584 (App. 2011) (as AMended Jan 6, 2012) Citing Ariz. Rev. Stat. 44-121). Indeed, when a contract, "contians mutual promises and is in writing" consideration will "almost always be adequate." Id. (quoting Lessner Dental Labs., Inc. v. Kidney, 16 Ariz. App. 159, 160, 492 P.2d39, 40 (1971) Defendant exchanged multiple promises with Plaintiff's assignor in written contract. (See Exhibit 1). Defendant then used the credit extended to them under the contract and performed their dutuies for a time. (See Exhibit 2). Therefore, consideration supports this contract as a matter of law.

12. Banks and credit card issuers have very reliable electronic record retention systems because federally insured banks are subject to extensive government regulation. Banks and credit card issuers are required to accelerate and charge off debts six months after the date of the first default, in compliance with regulations issued by the OCC. After charging off the debt, the card issuer may sell the debt. The companies that buy the charges off debt receive electronic records from the assignor bank, and therefore, the assignee's electronic records are the equivalent of the bank's electronic records.

3(noted at bottom ... for example cc monthly statements always state that the credit card issuer is a member of FDIC and therefore the issuer must operate under OCC regulation. a Federally insured financial institution is requires by Federal Regulations to charge off an account 180 days after the 1st default

13. For summary judgement, the substantive law governing the suit identifies the essential elements of the claims as issue and therefore indicates which facts are material. Anderson v. Liberty Lobby, Inc., 477 U.S., 242, 248 (1986) When a moving party meets its initial burden of production, the burden to produce evidence shifts to the non moving party to present sufficient evidence demonstrating the existence of a genuine factual dispute as to a material fact. The non-moving party must do more than make bald assertions that the moving party cannot meat the burden of proof." Nat'l Bank of Ariz. v. Thurston , 218 Ariz., 112 118-119, 23, 26 180 P.3d 977, 983-84 (app. 2008) Instead, the non moving party must produce evidence upon which a jury could reasonably base a verdict in its favor, Anderson, 477 US at 248. A mere scintilla of evidence or a slight doubt as to whether a material factual dispute as to a material factual dispute exists is not sufficient to overcome a summary judgment . Orme School v. Reeves, 166 Ariz. 301, 305, 309, 802 P.2d 1000, 1004, 1008 (1990); Ariz. R. Civ. P. 56© (1). Summary judgment for Plaintiff is proper because, the trial judge would not have been required to weigh the quality of documentary or other evidence, and was not required to choose among competing or conflicting inferences." Orme School, 166 Ariz. at 311, 802 P.2d at 1010. Defendant's defensive issues are not sufficient to avoid summary judgment.

14. The Exhibits and the affidavit submitted by Plaintiff prove the material elements of Plaintiff's cause of action and establish Plaintiff's exhibits as admissible evidence. Defendant's defensive issues are not sufficient to avoid summary judgment because Defendant's contentions do not raise any issues concerning any facts that are material to any relevant issue of fact or law.

15. Plaintiff has brought forth authentic documentation proving Defendant entered into the contract, breached the terms of the contract, and caused damages to the Plaintiff. Therefore, Plaintiff is entitled to a judgment on the assigned amount owed, pre-judgment and post-judgment interest, court costs, and attorney's fees.

Based upon the foregoing, the attached Exhibits and the pleadings, no disputed material facts exist, and THEREFORE, Plaintiff prays for judgment in its favor against the Defendant for the following:

1. Balance past due and owing in the sum of $17K approx

2.For accruing interest at 18% per annum from and after 6/30/09

3. Reasonable attorney fees incurred and provided in the agreement or ARS 12-341.01, as incurred pre-judgment or as provided for in the agreement or ARS 12-341.01, as incurred post judgment

4. Plaintiff's costs incurred herein and after accruing costs; and

5. Such other relief as justice requires

[Beergoggles]

This MSJ cites supreme court law which over rides any lower court

http://www.creditinfocenter.com/forums/there-lawyer-house/312400-i-need-help-answering-motion-summary-judgement-az.html

http://www.creditinfocenter.com/forums/there-lawyer-house/311778-midland-arizona.html

[Beergoggles]

"Summary judgment should not be granted where there is a genuine disputed issue of material fact or even the slightest doubt as to the facts." Farmers Ins. Co. of Arizona v. Vagnozzi, 675 P. 2d 703 - Ariz: Supreme Court 1983

The Plaintiff lacks standing to sue the Defendant since at no time did the Defendant cause any harm to the Plaintiff

"As a matter of sound judicial policy, however, this court has long required that persons seeking redress in Arizona courts must first establish standing to sue." Bennett v. Napolitano, 81 P. 3d 311 - Ariz: Supreme Court 2003.

"We will not affirm a grant of summary judgment, however, even in the absence of controverting evidence, if the motion and evidence filed in support of the motion for summary judgment are insufficient to show that no material issue of fact exists or that the movant is entitled to judgment as a matter of law." United Bank v. Allyn, 167 Ariz. 191, 194-96, 805 P.2d 1012, 1015-17 (Ct.App. 1990)

"Summary judgment should not be granted where there is a genuine disputed issue of material fact or even the slightest doubt as to the facts." Farmers Ins. Co. of Arizona v. Vagnozzi, 675 P. 2d 703 - Ariz: Supreme Court 1983."

"It is, however, hornbook law that in order to effect a legal assignment of any kind there must be evidence of an intent to assign or transfer the whole or part of some specific thing, debt, or chose in action, and the subject matter of the assignment must be described sufficiently to make it capable of being readily identified." Certified Collectors, Inc. v. Lesnick, 570 P. 2d 769 - Ariz: Supreme Court 1977

"We therefore hold that the basic elements of a legal assignment are so lacking in this case that we can find no basis in the record on which to conclude that Certified Collectors, Inc. has any right to bring an action on this claim as the real party in interest." Certified Collectors, Inc. v. Lesnick, 570 P. 2d 769 - Ariz: Supreme Court 1977.