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Everything posted by nobk4me

  1. I would not file a MTD. If they fail to respond to your MTC then you should win by default. Your motion should be automatically granted. But don't be surprised if the court bends over backward to give them a chance to be heard. I had an almost identical scenario. The court scheduled a motion hearing even though the JDB failed to respond. But I won in the end, motion was granted. You just need to be patient. You will win this.
  2. Great news. But you must mean without prejudice, if they could file again. They probably won't, but if they do just do the same strategy, answer and file the MTC Arb again.
  3. Send it to the JDB's attorney. Always send a copy of anything you file with the court to the plaintiff's counsel. Wait for the court to rule on your motion before filing in arb. And since the OC is Synchrony, JAMS should be available.
  4. Who is the OC? If arbitration is an option, I would do nothing until they sue you (and they might not). Then I would file a motion to compel arbitration. You can probably end up paying nothing, or at most a $250 fee to JAMS.
  5. I think @RyanEX is the CA expert here.
  6. Arbitration is the way to go here. You need to answer the lawsuit and file a motion to compel arbitration. Don't file in JAMS until the MTC arb is granted.
  7. Who is the OC? If arbitration is an option, that is the best way to beat a JDB. Also, CA has a borrowing statute. If the OC uses Delaware law (a number of them do), then the DE SOL (3 years) may have run out. I think Resurgent v. Chambers is the relevant case law.
  8. The OC is Citi. The OP is now dealing with a JDB.
  9. My feeling is it never hurts to be thorough and cover all the bases. I have seen some cases where a person settles with one JDB and the account is sold to another one. Which then tries to collect the balance.
  10. And, upon your payment of $400, the debt is settled in full and PRA will not sell the account.
  11. Depends if you think it's worth it to put the matter to rest. PRA has been paying arb fees in some cases posted here. Get the settlement details in writing. Include any additional issues like those you mentioned. Also be aware of tax consequences of a settlement. You will get a Form 1099 C for the remainder of the debt.
  12. Are these two different, separate debts from two OCs that have been combined in one lawsuit?
  13. 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.
  14. 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
  15. Yes, the agreement you would reach with them is a mutual dismissal with prejudice.
  16. 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.
  17. 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.
  18. 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.
  19. 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.
  20. 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.
  21. 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.