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nobk4me last won the day on July 5

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  1. Ohio muni courts have a small claims division, but also hear cases that are not small claims, if the amount is $15K or less. Check out the Ohio Revised Code on small claims court. It clearly states assignees (which is what a JDB is) can't use it. I'd link but I'm not sure how with this smartphone.
  2. No, you need to send the DV/dispute letter. And find a consumer attorney to sue one or both of the CAs. One CA suing you and another one trying to collect the same debt is a FDCPA violation. Edited to add: the $1000 fist refers to is statutory damages, payable to you, for FCDPA violations. They have to pay your attorney fees too
  3. Yes, the agreement you would reach with them is a mutual dismissal with prejudice.
  4. No, you should send a DV/dispute letter within the 30 days. Hold off on filing arb until you are sued and you file the MTC Arb and that is granted. Just like you are doing with the other cases. And, maybe they won't sue. Often they don't. I think Citi has a small claims exception in their arb clause, but since Cavalry is a JDB you don't have to worry about that. JDBs can't use small claims court in Ohio.
  5. Did you file a MTC arb with the court? That's the only thing that will halt the court case. If the MTC is granted, I suspect AAA would accept the arb filing with a court order.
  6. Technically, IMO, if the defendant files a motion to dismiss and the plaintiff fails to respond, which was the case here, the motion should have been granted. But you got a stay, which is a victory. File the arb with JAMS.
  7. You already filed a motion to dismiss. The court declined to dismiss, but issued a stay. So I wouldn't file another one. Just provide evidence you have initiated the arbitration. After that, the next move is up to the court. They might dismiss, but that is doubtful. They will probably just continue with the stay.
  8. Just wait until the court acts. It will eventually. They are probably waiting for the plaintiff to respond. If they don't, that works in your favor, as you should win the motion by default. But don't be surprised if the court bends over backwards to accommodate them. They might hold a motion hearing. Don't try to push the court to do anything. Judges don't like that.
  9. If they do drop the arbitration but file suit again, it's a case of rinse and repeat. File the MTC again. When they dismiss a court case the second time, it's with prejudice.
  10. It never hurts to negotiate with them. It they say no, then file the arb. As their costs increase, the more likely they are to drop the case.
  11. I think it's a good decision. In my experience, courts rarely dismiss but do grant a stay. This is in your favor. Now, who should initiate? While the Rotman case says that's the plaintiff's responsibility, if you wait for them to do it, they will probably drag their feet, and the July 24 deadline passes with no initiation by either party. Then the plaintiff can go back to court to lift the stay. You don't want that. So to be safe you should initiate. Or you could file objections to the magistrate's decision, citing Rotman, seeking clarification that the plaintiff needs to initiate. But that risks giving the court second thoughts about the whole thing. I would just initiate the arb.
  12. No, you have not gone too far in litigation for arb, especially if you object to their discovery. See the case Land v. Byrider for an analysis of waiving arb rights by going too far in a court case. Be sure to ask for a stay pending arb, as the arb law is very strong on this. It mandates a stay if the case is subject to arbitration.
  13. Yes, that's the relevant part. Definitely mention all their misrepresentations in your reply.
  14. Two main points in the plaintiff's brief: 1. The contract excludes collection matters from arb; 2. Defendant failed to initiate the arb case. This must be a boilerplate response, as they refer to Discover, _which is not the OC here. Anyway, with regard to the first issue, their logic is faulty, or maybe they are being deceptive. The contractual language is "We will not require you to arbitrate . . . ' in collection cases. But you want arb. It is not a case of them forcing arb on you. The contract does not say arb can never be used in a collection case at the request of the defendant, which is how they are twisting this to read. As to the second issue, there is great case law, Capital One v. Rotman, which held that it is the plaintiff's responsibility to initiate arb.
  15. Ruled on in 10 days? I am not aware of that. Remember, the other party has the right to respond to your motion.