CACV of Colorado v. Robinson

[David A. Szwak]

CACV OF COLORADO, LLC NUMBER: 505,474-C

VERSUS FIRST JUDICIAL DISTRICT COURT

JANICE ROBINSON CADDO PARISH, LOUISIANA

DEFENDANT’S EXCEPTIONS TO PLAINTIFF’S MOTION TO CONFIRM
ARBITRATION AWARD UNDER LA. R.S. 9:4209
NOW INTO COURT, through undersigned counsel, comes JANICE
ROBINSON, who respectfully files exceptions of no right of action,
prescription, no right of action and lack of procedural capacity,
and seeks dismissal of plaintiff’s motion, with prejudice, at
plaintiff’s costs, as follows:
1.
Plaintiff alleges that defendant is indebted unto it in the
sum of $38,372.26, based on alleged debt to Maryland Bank, NA a/k/a
MBNA American Bank, which plaintiff claims assignment of rights to.
2.
Defendant shows that she did have an MBNA account historically
but no payment has been made on that delinquent and now prescribed
credit account since August, 2002. Defendant shows that no one
ever contacted her about an alleged arbitration proceeding until
plaintiff sent a copy of an alleged “Awardâ€