Well I appreciate the beat down. If I was dumb, I should be told so. I did just learn that they did file a lawsuit against me. I was just never served and was filing my arbitration at the same time they were filing the lawsuit against me. So I don't feel as bad now. I would have ended up in arbitration anyway. They dismissed the suit after they realized I filed arbitration.
I don't understand how anyone thinks they would get attorney fees though. My case against them, though maybe not as solid as I thought, is not a frivolous case. I do have damages and I do still believe they breached by making an error(they did tell me I was on this Covid thing when I missed the payment, It was not a mistiming on my part). They reported false credit information and it caused me damages. Regardless of right or wrong. It is a valid complaint. So I don't see how anyone would award attorney fees. This guy's claim that if it is to collect a debt, companies are entitled to attorney fees, is not the case in CA to my knowledge. Otherwise all these default judgements this board talks about would have $10k extra in made up attorney fees.
If I do chose to settle, what should I expect? Has anyone been through settlements with Citi? How much do they want these to go away? I'd assume they are still gambling on attorney fees and arbitration costs. Though I think their arbitration cost is only $300 now.
I have reached an agreement for a mutual dismissal with prejudice! Thank you all again for the advice and encouragement!
Some small details if anyone is interested:
The attorney reached out to me first about 2 weeks after receiving their copy of the JAMS documents I sent. JAMS hasn't even opened the case yet. I'm out of pocket less then $75 in direct expenses because I qualified for court fee waivers so I don't mind not recovering anything monetary.
I have never heard of that happening. The only thing that even comes close that I am aware of is Tex. Civ. Prac. & Rem. Code 16.064 which states that if the case was dismissed for having been filed in the wrong jurisdiction it can within 60 days be refiled in the proper one.
It seems to me that after 3-1/2 years it should have been dismissed for want of prosecution anyway.
To the OP- what do you mean by "judgement case"? What law firm is it and what is the history of the case, i.e. hearings, motions filed, rulings etc?