MikeS

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MikeS last won the day on June 17

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About MikeS

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  1. It's a Citi Bank card. The clause says the business will only pay my portion of filing fees if the arbitration is not related to debt collection. I emailed the attorney of the JDB today about a mutual release. If he ignores me, I will eventually have to file for arb to satisfy the court judgement. After that, I can continue to attempt contacts to negotiate a mutual release while waiting to see if they decide not to pay the arb fees. If they dont pay, I can go back to the court with evidence that they did not cooperate in arbitration and ask for a dismissal with prejudice.
  2. I will do that. Thank you. I suppose after I file proof that I filed, I can go back to the court later to seek dismissal if the JDB does not pay the arb fees.
  3. On the last day for the JDB to respond at the close of business the magistrates decision was uploaded to the docket. The recommendation is for the trial to be stayed pending arbitration. Parties are required to cooperate to commence said arbitration and provide proof to the court that arbitration has been properly commenced within 30 days. The JDB attorney either didnt pay attention to my motion or didnt care. Should I file for arb, make no extra contact with the attorney and see if they just dont pay their share of the deposit by the deadline and go back to the court asking for dismissal based on their default of the judgement or would it still be better to be proactive and attempt to contact their attorney to try for a mutual release? Thank you to everyone here for the help with these.
  4. Those who have Ohio specific knowledge I have a question. I filed my MTC on the 15th of September. Ohio Civil Rule 6 (C)(1) states: "Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion." If I allow for 3 days of service and then 14 days for their response, they would need to file a response by Friday October 2nd. My question is, if they have not responded by this date and the Judge doesnt just make a ruling on my motion can I/Should I make a second motion for dismissal citing Ohio Civil Rule 41 (B)(1) Failure to Prosecute which reads: "Where the plaintiff fails to prosecute, or comply with these rules or any court order, the court upon motion of a defendant or on its own motion may, after notice to the plaintiff's counsel, dismiss an action or claim." Is Plaintiff not following the rules (OCR 6C1) and/or failing to prosecute by missing the deadline for responses? I can bet the judge wouldnt grant me an hour of leniency if I missed the deadline to file my answer.
  5. Last time I shot for the moon and went for a dismissal based on jurisdiction. I got denied but they revised it into compelling arb. This time I'm just going for the arb request since its clear they didnt bite last time. Am i wording this first part right? Specifically "stayed pending arbitration". The plaintiff's complaint should be stayed pending arbitration for this Court's lack of subject matter jurisdiction to render judgment on the merits. Defendant moves this court to COMPEL ARBITRATION based on the terms and conditions of the Credit Card Agreement (see Defense Exhibit A, attached).
  6. Based on my understanding of municipal courts in Ohio, the small claims exemption does not apply. R.C. 1925.02 Jurisdiction: (a) A small claims division does not have jurisdiction in any of the following: (ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney;
  7. I knew it was going to happen eventually as I had sent my DV letter to them and got their verification back. Anyway, being sued by Cavalry SPV in Ohio for just over $2,100 on a Citi bank card. I've not been served yet but I know its coming because the "ambulance chaser" letters came in the mail. I looked myself up in the course records and found the complaint. I've been through this before although I wrote my answer letter last time before I found this amazing site. The complaint contains the typical. A few statements, the front page of a Bill of Sale and the typical cheesy excel table that lists your name and balance. Ironically they have the account number redacted but not the last 4 of my SSN. I'm attaching the complaint, my answer and my MTC which I will file once I have been properly served. My answer is basically the same as it was on previous suits, which I assume wasnt a problem since I was able to get the cases to arb. I feel pretty good about my MTC too but as always, I would appreciate the thoughts and opinions of this great community. Answer Letter - Cavalry SPV_Redacted.pdf Cavalry SPV SMC Complaint_Redacted.pdf Citi_Diamond_Preferred_Credit_Card_Agreement Exhibit A.pdf MTC Arb - Cavalry SPV_Redacted.pdf
  8. I got a response back from the attorneys office for managing the Citi card with Cavalry. Their cover letter states the current balance is $2118.47 but on the most recent statement that they actually sent me, the balance is listed as $1687.31. Can they legally report to credit reporting agencies a balance that is higher than what they have sent me statements for in their DV response? What is my next move here? Should I dispute the amount of the debt with credit reporting agencies? Or would that not do any good here?
  9. Would the stipulation that the balance shows as zero and the account closed not cover that? Trying not to be redundant but also dont want to miss something.
  10. I thought about it some more and the following are my terms for the settlement: IN WRITING on company letter head. $400 Case dismissed WITH PREJUDICE in Stow Municipal Court I will notify JAMS that I am withdrawing my claim. The account would reflect having a ZERO balance and NO additional amount would be owed I will have no further obligation to this account The account will be closed The account will be removed from credit reporting agencies.
  11. That was certainly my concern as well. I dont want to press my luck too much and have them decide they will see the arb process through. I'm not too concerned about the tax implications. It's still better than paying the entire amount to PRA. Am I forgetting about anything I should be asking for in writing? Showing 0 balance, account closed, reported to 3 major credit reporting agencies as closed or deleted from credit report?
  12. Need some opinions. I received an email from the attorney of the PRA case. Just as a quick recap, the debt they sued for is $1,800 and the court has compelled arbitration. I'm filed with JAMS. In his email, he has offered $400 to settle the matter and avoid arbitration. Settlement would include a mutual release. Does this sound like a good deal or should I hold out for less? It seems like this is missing some important details like stipulating that this would close the account and that no further balance is due. Also how they would report this to credit agencies. Thoughts?
  13. Good to know, thanks for all the help. Now to get rid of PRA and hopefully keep Cavalry from filing.
  14. I'm very happy to report that the attorney for the Midland case submitted a Notice of Dismissal and the case is now closed. Since this action was done within the 14 days before the Magistrate's order took effect to compel arbitration does anyone know if them refilling later on would constitute an FDCPA violation? I know that under Ohio Civil code 41B i would be able to recoup my costs for motions in this suit if they were to file again and easily be able compel arbitration again and probably better enforce the Rotman case forcing them to have to file but I'm just looking ahead in case they are just kicking the can down the road because of Covid. Or do you think this would likely be the end of it?
  15. Sounds good. I will send my DV letter and then wait to see what happens later. Clearly I've had success with Stow Muni Court compelling arbitration.