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Everything posted by Miheegz

  1. @fisthardcheese @debtzapper That's good to hear. I thought it was too good to be true! Quick question: Since they sent it unsigned,if I sign and mail it back do I just put in a request for a copy of the document after they sign as well in the envelope? Or is there a more procedural way to ensure they send me a copy of the final document with both signatures?
  2. @fisthardcheese @BV80 @shellieh98 @Clydesmom Thanks so much for all the help! Seriously, I couldn't hae made it through this without all of your knowledge and patience! After my motion to compel private arbitration/ dimiss with prejudice, I got a letter from their attorney saying they agree to a dismissal with prejudice if I agree with a mutual release. I was expecting them to back down but not this much. I'm afraid the release has some sneaky language in it that would be bad for me in the long run. The language concerning their effort in removing the debt from the credit bureaus rai
  3. Ok, thank you! That simplifies things. For some reason I thought there was a technacalitiy where the judge couldn't rule on something you didn't ask for aka if I ask for dismissal with prejudice he could nly rule on that and not dismiss it without prejudice. I have done a lot of research on debt collection lawsuits. I feel pretty decent on pleadings thanks to you guys and I have participated in a hearing on a motion to dismiss. However, it wasn't much of a hearing since the opposing counsel just said they felt they laid out their argument well enough in their response. I've read the threa
  4. Thank You! I am going ahead and filing my my motion to compel! I am attaching a judges order to it. Should I say dismissed with prejudice so they can't sue me again or will the judge not sign one with predjudice and so I should stick to WITHOUT prejudice???
  5. Thanks! I am obviously an idiot! I'd like to say I did do my own research before posting I wasn't just expecting you guys to do my work for me. I had already seen this link but I couldn't find anywhere on the PDF where it mentioned thankyou preffered so I moved along.
  6. Had a hearing on my Motion to Dismiss. As predicted by everyone here it got denied. However, the judge wasn't pissed off for wasting his time. He was fairly impressed with my <-(read you guys') legal knowledge. He said I raised valid arguments about the affidavit but this was not the time to raise them. So I am out of ideas on how to procure my 2012 or 2013 Citibank ThankYou Preferred cc agreement! I have called citibank and they refused to give me any info bc they sold the account to Cavarly. I filed a complaint with the CFPB but they haven't got back to me. And when I called th
  7. @BV80 @Clydesmom @fisthardcheese @Xerxes I just got a letter in the mail saying there is a hearing set on my motion to dismiss due to lack of standing. This is the motion I posted on this post before. I did not expect a hearing! I thought the judge would decide from my motion and their response. I have no clue howto prepare! 1) Does this mean there is a chance it is dismissed or is it a formality? I'm in st. joseph county Indiana 2) How do I prepare for this hearing? 3) Should I have a motion to compel arbritration ready to present in case the suit isn't dismissed from my first
  8. The affidavait of debt they sent me in the complaint says the last payment was made on 02/24/2015 . Although I do not recall making such a payment. I have just submitted a complaint. However, CFPB website says it did not collect agreements for 2015! Should I just submitt my Motion to compel with the CC agreement you @Xerxes sent me? Is it a Thank You preferred Agreeement? Or should I give Cavalry SPV a call and try to get the CC agreement from them?
  9. @Clydesmom @BV80 @fisthardcheese How can I obtain a copy of my EXACT CC agreement?!? I have called citibank like 5 times attempting to. Finally someone told me they could not because my account is under attorney control and tried to give me the number to Cavalry SPV.
  10. @BV80 @fisthardcheese This a draft of my motion to compel. Any words of advice?! STATE OF INDIANA IN THE ST JOSEPH CIRCUIT COURT COUNTY OF ST JOSEPH CAVALRY SPV I, LLC ) Plaintiff ) ) vs.
  11. Whoa thanks! Where did you find this by the way? This one allows me to choose JAMS! However, I definitely have to pay the filing fee.
  12. no, they probably did. I just never had any interaction with them.
  13. " First, I would like to say to "read" your agreements! There is a wealth of information there and depending on who you might be up against, the agreements and/or even the years of the same creditor's agreements can be different. Always look for one that is more to your liking and use it as the governing agreement. If you attach an affidavit, that makes it a fact before the court. To defeat this, the creditor would have to provide authentic evidence or a witness from the OC with personal knowledge - anything else would be hearsay. So, in other words once you file your affidavit, you've just tw
  14. Also I've seen elsewhere in this forum something about filing your CC agreement as an affidvait so that it is a fact before the court. Is this something I should look into?
  15. Thanks for the advice @fisthardcheese. However, I do not know of any FDCPA, TCPA, FCRA violations they have committed. I don't want to be held liable for their fees if the arbitrator decides my claims were frivolous.
  16. Thanks again for all the help everyone! It really is appreciated! Here is a draft of my motion to compel/dismiss: STATE OF INDIANA IN THE ST JOSEPH CIRCUIT COURT COUNTY OF ST JOSEPH CAVALRY SPV I, LLC ) Plaintiff ) )
  17. @fisthardcheese"Paying for arbitration fees •We’ll pay your share of the arbitration fee for an arbitration of Claims of $75,000 or less if they are unrelated to debt collection. Otherwise, arbitration fees will be allocated according to the applicable AAA Rules. If we prevail, we may not recover our arbitration fees, unless the arbitrator decides your Claim was frivolous. All parties are responsible for their own attorney’s fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to you or us based on applicable law. " Thats what the CC says. I
  18. Thank you @BV80, @shellieh98 , and @Clydesmom. Just needed a little confirmation. Thanks so much for the case law I will definitely include it. 1 more question! Can I ask the judge to make them file for arbitration instead of me since they are the ones with a dispute? That way if they don't want to go to AAA I can keep my $200. Thats just a lot of money to me!
  19. I filed a motion to dismiss based on trial rule 9.2 A and my Answer last Friday. Just received a response to my motion to dismiss citing significant case law so that will probably be denied. 1) Should I contact the JDB and try to settle now? Or should I file a motion to compel arbitration in AAA according to the CC agreement? (i'd rather not pay the $200 AAA fee if i'm going to setttle anyway) 2) Call or write to try to settle? Can somone point me towards a thread on calling or writing for a settlement. 3) Any other advice on settling with the JDB would be greatly appreciated
  20. Thanks for the clarification! Major bummer, why couldn't they sue me in before 2011
  21. Also can anyone tell me if this CC agreement extends to the JDB I've read it a dozen times and I can't tell.
  22. Thanks for the advice. I was basing all on this guys case http://www.howtowinacreditcardlawsuit.net/successful-motion-to-dismiss-for-lvnv-funding-credit-credit-card-lawsuit/ and the lawyer I spoke to said it can't hurt. Plus my CC aggrement says that submitting any pleading does not take away your right to aribitration.