csTrain

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About csTrain

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  1. So i settled with cavalry/their local law firm a few months ago. Made a couple payments then my checks were getting returned the last few months. I called and even tried to send a letter, no response. Today I go to my bank account and cavalry has charged me over 7,000 that wasn't there, so my account is now way in the red!!! I never heard from them. Got a letter in mail same day with court papers about garnishment. Help!! What do I do?
  2. Court date next friday. I have mailed in the arb demand but heard nothing back. How do I know if everything is a go? Need to know something before court date. Cavalry has asked for and received the second court date I assume because they don't think I have filed with JAMS
  3. OK due to medical issues and a lengthy hospital stay (ugh pnuemonia) I am trying to get this JAMS figured out. Here is the form to fill out correct? It says $1200 to file? Hoping to get this knocked out today so I can overnight it to all parties. http://www.jamsadr.com/files/Uploads/Documents/JAMS_Arbitration_Demand.pdf
  4. Thanks a bunch firsthardcheese, that was kinda what I thought also. How do I go about filing the arbitration claim? Is the hope being that they will dismiss when they see I'm serious about the arbitration?
  5. Had my date in court this am. Met with attorney, told him I was going to file for arbitration, showed him the contract, and he said 'I thought you might do that. Here's what will happen, I am going to file a 30 day stay for you to file arbitration, and if not we will be back here in court.' He spoke to the judge, told him the plan and that was that., ..we never even entered the courtroom. So how should I proceed?
  6. Update: Court date is next week. They filed a 'notice of filing original affidavit in liu of live testimony'. Included as exhibit A was bill of sale and assignment between Citi and Cavalry. Exhibit B is a statement from 5 years ago. Also, I mailed a letter to Cavalry stating I would be electing JAMS arbitration. Never heard anything back. How should I proceed on court date? Any help is very much appreciated.
  7. Thanks so much for the information. How do I formally ask for arbitration? Tried to read up on JAMS but not seeing exactly how to go about requesting it. Is there a form letter, etc?
  8. It looks like my agreement does state that 'claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) claim.' Guess that defense is SOL. Was hoping that would scare off the JDB and drop the case. Any other ideas or direction?
  9. I believe the account was opened in 2005ish...how would I go about finding out if JAMS was in my cardholder agreements? And assuming JAMS was in it, could I get some advice on a response? I have 2 more weeks to file. Thanks so much guys!
  10. The case is in Magistrate, and the amount is $5,xxx. Believe the last payment was in 2010. How would I find if the citi agreement has arbitration? Thanks for the help guys!
  11. all they provided was a statement from 5 years ago as 'exhibit A'. How should I go about my reply? Seems like a pretty weak attempt on their part. *Edit...Citi is the OC.
  12. Well here's how it went down: 10 minutes late the attorney arrives and we go straight to the courtroom. I was a bit surprised as I thought he'd want to meet to discuss settlement etc, so was a bit caught off guard and yes even nervous. Anyway, we sit down and Plaintiff says he just got the case AOD (attorney on Demand...the plaintiff is located 2 hours away so they hire a local guy) at 5:00 yesterday. He later told me Unifund told him I hadn't filed a response (I had) and that he would just have to show up and win judgement with no case. He got the case file faxed to him at 5:15 and saw I DID file an answer and he simply wasn't prepared. So he asks the judge for a continuance, and the judge then asks me if that's agreeable. I stated something like 'Sir I did come quite prepared and anxious to state my defense'. He said he preferred to continue the case, and so I begrudginly agreed. It all caught me off guard and I didn't know what my options were in all honesty. So we set a new date next month. I'm kind of pissed I couldn't jump on the opportunity to beat them today especially since they weren't prepared, but I can do more research myself also in the next month. Thanks for all the help and appreciate all the advice, and any other advice the forum has!
  13. It's for the outcome of the case. Getting some major pre-game jitters!!
  14. Any other opinions? Court in around 12 hours...getting oregano jitters and want to be as ready as possible. Should I file a mts they bos?
  15. Is filing a motion to strike their BOS's recommended? Georgia magistrate rules allows me to do so right before court.