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Everything posted by NotALawyer86

  1. Please let us know how your case goes once you start it. An attorney I spoke with is steering me not to arbitrate, because they have everything they need (according to these shady laws) to win a case. Mine is in small claims though, so if I even filed an MTC, it would likely be denied and the trial would be started immediately, which I would lose. My appeal would cost $300 to the higher court and they would enforce arbitration, but I am out of $300 just like that. Arbitration costs another $200 to file, and if Calvary followed me to arb, they could possibly win the case. Just not enough to "risk" them winning an entire judgment against me. Settling may be the best course of action. I've seen where Cavalry has filed MTC when consumers have sued them, but haven't been able to narrow down how they respond when they sue consumers, who later opt for arb.
  2. Thank you for weighing in. The appeal to the higher court would force arb based on the contract. Are you familiar with whether or not there is a fee to appeal to a higher court?
  3. Yes, that's true. I looked at the cases they were involved in local to me, and none were moved to arb. They either won MSJ, default judgement, dismissed without prejudice, and dismissed for parties not showing up to mediation first ordered by the court.
  4. Oh believe me, I thought the same thing. And then I thought about a $500 flat fee to retain an experienced lawyer to fight a debt collection suit. I just was not convinced that he was looking to "make money" ( not very much at least) off of my case.
  5. I have not seen a case on this site where they have arbitrated either, but I sure don't want to be the first one they try. His advice was to settle outside of the courts. The debt is $9400, his fee is flat $500 w/o trial and $750 with trial. I know we say fight it, but the risk of paying $9400 because I lose in an arb case, is not attractive. I have no idea what to offer in a settlement.
  6. @fisthardcheese so I spoke with another attorney, and he said he's never seen a case that's been forced into arbitration from Magistrate court in GA. He felt like going this route would be rather expensive on my behalf. I shared that some debt collectors are simply not fans of arb and will drop cases many times. He seems to believe that if I filed an MTC, Cavalry will follow me into arb and win the full amount of the judgement they're seeking. What are your thoughts? @Clydesmom your thoughts?
  7. This is great insight. I’m dealing with them too. So, how soon after you file your answer should you file the MTC? I hear different opinions on this. Thanks in advance @Goody_Ouchless !
  8. I agree! Ok, would you mind pointing me in the direction of your thread where you share sample answers, motions, etc.?
  9. Ok, thanks. There will be applicable motion fees, correct? Just want to be fully prepared.
  10. Got it, which could require arb? Thank you so much @Harry Seaward for your time and responses. That is very generous of you.
  11. The claim was filed as a “contract”, would that still mean this is an “account stated claim”? The “contract” is the card member agreement, which allows for arb.
  12. @Harry SeawardOk, what about the court being the first place I’m learning of such a statement?
  13. @Clydesmomthank you! Would you answer file an answer first, and at the hearing file the MTC arb? I saw someone’s case that was denied because they didn’t actually file the MTC, they rather stated it in writing and handed it to the appropriate parties. I want to be sure I file!
  14. @fisthardcheese you are a BLESSING!! This can really stress someone completely out, but what you’ve shared in this thread and others is making a difference in people’s lives! I am going to follow those steps. I know that you’ve shared answer templates, etc. thank you! In the event that the case has to be appealed, would I need to file that immediately?
  15. Yes, @Harry Seaward they are actually claiming less that the final balance on the account. It is a JDB—Cavalry SPV I LLC.
  16. @Harry Seaward What if you never receive the notice of the account from the (now) creditor?
  17. @Clydesmom Oh! I don’t know whether to be nervous or happy about that. Lol! Do you think the MTC will be denied, because of the language in the arb clause? Technically, in GA, the court is called “Magistrate Court”. I just don’t know that “it does not apply in small claims court” means the same as “individual claims are not subject to small claims court”. I thought I’d seen where arb has been used in small claims courts by defendants, specifically relating to Citi arb agreements. I could be wrong.
  18. Thank you @fisthardcheese and @Clydesmom for your replies. The card agreement says, “• Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court.” Are you saying this means that it is not allowed in small claims?
  19. Hi everyone! First-timer here. So, first of all, thank you all in advance for any feedback/advice! It seems that Cavalry has sued more than enough people. I haven’t been served yet, but know they’ve filed a claim. Claim is for a credit card debt around $8K From what I am reading, arbitration is the best route to go for this. In the statement of claim, they listed an account statement, bill of sale, and they are saying that I am indebted to them for the debt. Citi has sold the debt to them. At this point, I’m thinking that verification is enough to support their claim to file. However, I’m seeing that they are not a fan of arbitration. Any advice on where I should start? I have not been served yet, but want to respond timely.