Racinghart03

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Racinghart03 last won the day on September 29

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About Racinghart03

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  1. Do you have an arbitration clause in whatever agreement binds you to their claim of debt?
  2. @fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper So after the ultra polite director of collections from the JDBs attorneys office reached out via email asking if I would be interested in settling, and if there was anything he could do to help. Not being sarcastic there, he was nice as pie....So I hit him with the concept of my dropping all claims against them in exchange for a release of any claims they have against me FOREVER. If they take me up on it, I will drill down the details of the agreement later. I have not heard back as of yet (sent the email Friday) BUT JAMS did reach out requesting the JDBS 1500.00. I paid my 250.00. So I guess its tread water time to see what happens?? I was cc'd on the email from JAMS for the missing $$ from the JDB so I CCd all (so that the JDB would see the my correspondence) and verified my check was in their hands. Just a show of my full commitment to the case. Curious to see what happens next. I am kind of at a loss on what to do if the arbitration continues. Can not find much info on what to do in that scenario. Circling back to my earlier post, hopefully that is because it all starts to fall apart for the JDB now???
  3. @BackFromTheDebt So I should just hit them right from the gate and tell them I am willing to drop any and all claims current and future for the same in the the form of a mutual walkaway with prejudice? Obviously I wouldn't sign anything without letting you guys know what's in the agreement. I will be sure to make sure the agreement contains the things you mention as well. The communication was from the director of collections at the JDBs office. It was just interesting that the collections account fell off my report shortly after the MTC. Could just be coincidence.
  4. @fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper JDB attorney has reached out via email and asked if I would be interested in settling this matter. So kind of them. Do I ask what they propose or hit them with the whole gammit? Mutual walkaway from all current and future claims, and nothing reported to credit beaurus? They are awaiting my response. I don't want to say the wrong thing and Jack this up at this stage. Anything else I want in the agreement?
  5. @fisthardcheese @BV80 @Brotherskeeper @BackFromTheDebt So I just got an email confirmation from JAMS that they received my arb paperwork and that a caseworker would be reaching out in the near future with the next steps. I provided JAMS with the email address for the JDB as it was provided to me in the court communications so it went to them as well. Is now a good time to reply with something along the lines of an offer for a mutual walkaway with prejudice in lieu of taking the case further? Or should I wait until I get a case number and all that jazz?
  6. @fisthardcheese Should I seek comfort in the fact that there is not an overwhelming amount of actual arbitration discussion on this forum and most of what is talked about is the fact that an arbitration case has been established and how to use that fact to get a more desirable outcome? It seems the mere fact that a case EXISTS is the means to the end and using its existence to drain the JDB of funds is the name of the game. I get an overwhelming sense that they are REALLY lazy and just try to get the low hanging fruit. Obviously for someone who has never been through something like this, even an arb hearing and or process can be unsettling. Not sure if it is a coincidence, but Cavalry is no longer on my credit report. It came off last week. Thought that was interesting.
  7. @fisthardcheese Hopefully I will not need it..... Awaiting my case number from JAMS and then will send the offer for a mutual walkaway of all claims with prejudice!!
  8. @fisthardcheese I am a little nervous about it all. I am hoping they agree to a mutual walkaway with prejudice and we can be done. I have started to watch some videos and educate myself on arbitration just in case. Guess I just have to let it go for now and see how it plays out. Thanks for everything again.
  9. @fisthardcheese Says my motion granted and case dismissed without prejudice. I verified with the court this was correct. Handwriting is rough though....
  10. @fisthardcheeseOn it. Just adjusted what you said, printed, signed everything and will get it all out CMRRR today. Since the agreement states I file I pay, I am just going to put the check in there. UPDATE. Bird is in flight. Do I/Should I upload a copy of the JAMS filing to the docket? Or is that not necessary?
  11. @fisthardcheese is the expert on this. Did you get any communications from the attorney before you were served? That would be my question. Since I did, followed up with a DV letter and THEN a letter of demand BEFORE I was served, my timetable of events is different than yours. Did you send a letter or demand? What does your agreement say? This is important too.
  12. @BackFromTheDebt "You may seek arbitration on an individual basis of any claim asserted against you, including a proceeding to collect a debt." This is from the arb agreement. I do not see anything that says an attorney or representative is off limits. @fisthardcheese suggests using FDCPA violations as grounds for arb, not so much to win, but to get the process going and start the bills flowing. I do feel they have committed at least one, maybe more. I will start to educate myself on the FDCPA. It also states since I am initiating, I pay the 250.00. So that is fine. Since the JDB is most likely to blame like you said, is the claim still against Cavalry? My gut says list cavalry first, and JDB attorney as their rep, and then add the attorney as a second respondent with the same claim or a different one? Thoughts? As @fisthardcheese says make NO mention of the debt....but with a granted order, I need to be sure I file with Jams correctly. My gut says go after Cavalry with a "contract dispute" I could roll with my right to arb being violated after they sued me following an arbitration demand. Hit the attorney for FDCPA violation for filing and pursuing an MSJ when my MTC was already filed and I am sure I can come up with another unfair practice?? My concern is filing with something that has some merit. At some point I will need to tell JAMS what my actual disputes are. @Brotherskeeper I saw in another thread from a year ago you helped someone in this exact situation. Any thoughts by you on this one as well? The judge gave me 30 days to file. So I want to get this out ASAP. I have it set up at the moment as Cavalry as respondent one, Attorney as their rep, and the attorney as respondent 2. There is only one section for the nature of the dispute, so I have breech of contract/FDCPA violations. Breech of contract merit lies on ignoring my arb demand. FDCPA Violation merit will lie in UNFAIR collection practices. Ready to print and send. Just hoping for some feedback.
  13. I feel your pain. I was there not long ago. I followed the advice here, did a TON of research and homework and things are going pretty much to play. This much I CAN tell you, follow the instructions on the courts website to a T. This keeps you adhering to the rules of your court. I am happy I have not paid someone to do what I have done so far. It it/was WORK. Don't get me wrong. Like most have said, focus on getting a MTC granted. It opens up new doors. That is where I am at. I did get hit with a curve ball when the JDB attorney filed for an MSJ.... It just meant back to the forum and the books to get it right. And I did, and their MSJ was tossed and my MTC was granted. It can be done. My two cents. So many of these guys and gals have helped me. I am trying to give back what I can with the limited knowledge I do have. I told them I would and I stand by my word.
  14. Not following your statement. Who sent you the notification? I would double check with the court that the case has actually been dismissed with prejudice. From my understanding without prejudice means they CAN sue you again. What you need to seal the deal is an agreement from the JDB stating there is a mutual walkway with prejudice. As @BackFromTheDebt stated, look up @fisthardcheese and his step by step on the whole process. Follow it to a T. You will be in better shape.