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About IrishNick

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  1. I went to the court clerk and asked for a continuance because of my surgery. She said I should contact the plaintiffs lawyer and discuss. The plaintiffs rep I talked to said there is nothing they can do and said they couldn't advise me to appear or not appear... If I am not there to follow up on my motion to compel arbitration does that mean a decision will be made without me?
  2. Is there a website with a list of phone numbers various JDB's call from? I found some from Cavalry but I'm sure there has to be more. It might be moot though since they can spoof their numbers.
  3. To serve the demand I send (CMRRR) Cavalry's lawyer a copy of the the Demand for Arbitration form I downloaded from the site and filled out?
  4. I'm currently doing this with Cavalry. Went to court and filed my MTC arbitration. Got 30 days from court to do so. I am going to file my JAMS Demand tomorrow. I am drawing a blank and have been searching for what to write for the nature of my dispute until my eyes have crossed. What did you write (without including your debt) for your Nature of dispute? I'm not sure what to write since I don't think they have any FDCPA violations. The only issues I see are: Their lawyers gave me an Affidavit that was unsigned & unstamped by the notary, only had her info typed in below her blank signature line. The only signature on the affidavit was a Calvary Reps. The card agreement they send was from 2016 and not the 2011 agreement from when I opened the card.
  5. @Harry Seaward If I do a Demand for Arbitration with JAMS I could be responsible for all the JDB arbitration costs?
  6. Had my court hearing today. Filed my motion to arbitrate. Their lawyer was fine with that. Got a 60 day continuance to return to make sure Arbitration process has been started. The only thing that seemed odd was the Lawyer said arbitration was fine before we were called up.
  7. @Brotherskeeper This is the warrant in debt. From what I see and have read in VA law I need to answer at the court date.
  8. Thanks for all the help. I sincerely appreciate it. Been searching for answers but never been to court before so I think i'm over analyzing and missing the obvious answers.
  9. The warrant In Debt says I need to answer at the 3/02 Court hearing.
  10. My warrant in debt says General District Court. I will tell the judge tomorrow I elect arbitration. Should I file with Jams before my appearance? EDIT: This is from the 2011 Citibank contract I found on the web. "Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines" Sorry for all the questions but i'm not the brightest bulb. Does this mean I will have to pay thousands of dollars to have the case moved to arbitration, or just the filing fee?
  11. I'll dive deeper into that thread tomorrow. Migraine starting... The Affidavit of Claim I was sent was notarized in NY. It is only signed by the Calvary Legal Administrator. Is has the Notary Public's Name and info typed but no signature or stamp. Is this legal?
  12. Been searching the forum for an answer (thank you for all the info) and have a question. I had a Citibank credit card account opened in 2011 that was kept current and paid until around 09/2018. A couple months prior I was no longer able to work due to a disability worsening and had filed with the Veterans Administration for a disability increase (which a year later I was rated 100% P&T disabled). My monthly income dropped to $1200 a month and could not afford to pay Citibank. I called and asked for either a lower payment or a temporary deferment until my VA increase was determined. They basically told me it was my problem not theirs, so without any income besides VA Disability, I was unable to pay them. Fast forward to 07/15/2019 Citibank received my certified letter that I mailed on 07/10/2019 stating that I was electing arbitration in regards to the account. The next letter I received from Citibank dated 07/24/2019 said the account had been sold to Calvary SPC. In August Calvary sent me a letter saying they had bought the account and I owed them $2709. They sent me a copy of a Citibank 08/2019 invoice as proof of debt but not a copy of the signed original contract. I mailed Calvary a copy of the letter I sent to Citibank electing arbitration via certified return receipt mail. I heard nothing from Calvary but I heard from their Virginia lawyers in January along with a summons set for 03/02/2020. I proceeded to also send them a copy of my original letter to Citibank. I know my question is last minute but I have some memory issues and blanked until I found the warrant the other day. Here's my question. Since Citibank received my election to arbitrate before selling the debt is Calvary required to honor that or am I screwed at my court appearance on Monday. Should I tell the Judge I want to go to trial? or can I get it dismissed because I elected arbitration with Citibank before the debt was sold.