NCas

Being sued by Cavalry

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This isn't a double post, I'm a different person. It looks like Cavalry's just sent out a batch of summons lol. I've seen a few other posts online but other people seem to have either no evidence sent with their summons or just one sheet. I have a few pages of screen shots I'm not sure what to do with and have never been sued or even in a court room before so of course could use some direction. I'm posting here in hopes of collecting some info and research guidance while I research and gather money. Hoping someone happens to have experience with Cherokee County, Georgia since practices seem to vary so widely within the state, much less without.

1. Who is the named plaintiff in the suit? Cavalry SPV I LLC

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.)  Roosen Varchetti & Olivier - GA PLLC. The attorney is Cherice A. Tadday

3. How much are you being sued for?  $1500 (Not worth hiring an attorney for?)

4. Who is the original creditor? (if not the Plaintiff)  Synchrony Bank

5. How do you know you are being sued? (You were served, right?)  I received civil papers

6. How were you served? (Mail, In person, Notice on door)  Served in person at Sheriff's Office

7. Was the service legal as required by your state? Yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? None whatsoever.

9. What state and county do you live in? Georgia, Cherokee County

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)  March 2015 - I'm within the 6 year SoL

11. What is the SOL on the debt? To find out:  6 years - 4 years off

12. What is the status of your case? Suit served? Motions filed? Served - just received papers yesterday, filed the 25th.  

13. Have you disputed the debt with the credit bureaus (both the original creditor and the collection agency?) No.

14. Did you request debt validation before the suit was filed? No.

15. How long do you have to respond to the suit? My answer must be received by a clerk within 30 days, so 29 days to go.

16. What evidence did they send with the summons?

1) There are what look like screen shots of card account pages.

2)   Bill of Sale:

Cavalry (X15S - PLCC 120 MP Bulk - December 2016

         For value received and in further consideration of the mutual covenants and conditions set forth in the Accounts Purchase Agreement (the "Agreement"), dated as December 9, 2016, by and between Synchrony Bank formerly known as GE Capital Retail Bank, RFS Holding Inc. and Retail Finance Credit Services, LLC., ("Seller") and Cavalry SPV I, LLC ("Buyer"), Seller herebby transfers, sells conveys, grants, and delivers to Buyer, its successors and assigns, without recourse except as set forth in the Agreement, to the extent of its ownership, the Accounts as set forth in the Notification File (as defined in the Agreement), delivered by Seller to Buyer on December 17, 2016, and as further described in the Agreement.

Signed by Attorney In Fact

3) Notification File - It's a small spreadsheet. On the right side of it is the last four digits of the account number, my name, last four digits of my SSN, my address, account open date, last payment date, and the amount owed.

 

I'm trying to get started on an answer. I don't think I have any counterclaims I can make, and I'm not entirely sure how to defend the denials.

Claims:

1) The Court has jurisdiction over the Defendant

2) Plaintiff claims the defendant is indebted to the plaintiff as follows: Defendant is indebted to Plaintiff for a defaulted contract.

3) That said claim is in the amount of $1,507.94, plus all costs awarded in this matter.

If you prefer, I can snap a pic of the pages, black out personal info and upload.

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I'm the other person being sued by Calvary for a synchrony bank/hhgregg card. The only evidence they sent me so far was an affidavit of debt signed by one of their employees. I'm planning on going the arbitration route. Check your card member agreement for an arbitration clause. All of the synchrony cards seem to have one. Here is a link to a post of a person who was served by Calvary last October. They filed an answer and a motion to compel arbitration, and sent it to the attorney for Calvary. As soon as Calvary received it they offered to dismiss the suit with prejudice and release liability as long as the person dropped their arbitration case. I've never been to court before either, but I'm learning a lot here. Also look up the court that you are being sued in and find their rules and procedures. It's probably small claims court. Here's the link to the post I'm talking about. 

 

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Is this in Magistrate Court?  I would assume so based on the dollar amount and the JDB at hand.

If it is in Magistrate Court, I would first just file a simple denial of all allegations.  Check the Cherokee Magistrate website to see if they have an answer form you can just fill out to make it simple.  If not, just type up your own answer and state that you deny all allegations as set forth in their complaint.

Once you file an answer, the Magistrate Court will get a court date, usually for about 30 days out.  This gives you plenty of time to read up here about how to use arbitration to your advantage.  My previous posts have lots of threads regarding GA Magistrate cases and arbitration.  The Synchrony card agreement has free JAMS as the arbitrator, which doesn't get any better for you.

I would prepare a Motion to Compel Arbitration and bring 3 copies of it with me to the court date along with 3 copies of the Synchrony card agreement.  As you read older threads from people in GA you will see that the attorney will first meet with you in the hall before going in front of the judge.  They will attempt to intimidate you into agreeing to a consent judgement, possibly with payment plans.  They will act like they are trying to help you.  They aren't.  During this time, if you tell them you intend to ask for arbitration per the card agreement and hand them your MTC, they will attempt to push harder back. They will lie and say things like "arbitration will cost you a lot" or that "it doesn't apply to Cavalry because this is a Synchrony Card agreement".  If you just stick to your insistence of wanting arbitration, they may give up and dismiss the case right then.  They may not give up right away, in which case you just go to the judge and give him a copy of your MTC and ask for arbitration.

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So sorry for the late reply! I really appreciate the responses here!

Yes, this is in magistrate court. The answer form has a space for defending denials. Should I leave that part blank and submit the form with just the denial part checked off? I've read that no one's really interested in reading the form anyway, that the only part anyone cares about is the check mark next to "deny all claims", and I should just defend the denial and claim the court has no jurisdiction at the hearing when I reveal I'll be submitting a motion to compel.

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I don't see any answer forms from Cherokee, so I'm not sure what form you are using.

All you must have is "I deny all claims".  Anything else is mostly irrelevant in Magistrate Court.  You are free to put the defense of "Lack of Subject Matter Jurisdiction due to a private arbitration clause in the governing contract", but it's not necessary.

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On 10/23/2017 at 6:42 AM, fisthardcheese said:

I don't see any answer forms from Cherokee, so I'm not sure what form you are using.

All you must have is "I deny all claims".  Anything else is mostly irrelevant in Magistrate Court.  You are free to put the defense of "Lack of Subject Matter Jurisdiction due to a private arbitration clause in the governing contract", but it's not necessary.

Thanks so much! I filed my answer this morning. Typed up my own answer but kept it brief with denials and did include a "Lack of Subject Matter Jurisdiction" defense. Filing was super easy. Just had to sign my answer and get my court date which is the 15th. Was hoping for one that was a full month out, but oh well. So now to just write up my MTC and maybe fill out a JAMS application and bring them with me on the 15th? Do I need to get a copy stamped by the clerk or do I just wait to see if the lawyer backs down at the hearing and then file the MTC on my way out if the case isn't dismissed?

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1 hour ago, NCas said:

Thanks so much! I filed my answer this morning. Typed up my own answer but kept it brief with denials and did include a "Lack of Subject Matter Jurisdiction" defense. Filing was super easy. Just had to sign my answer and get my court date which is the 15th. Was hoping for one that was a full month out, but oh well. So now to just write up my MTC and maybe fill out a JAMS application and bring them with me on the 15th? Do I need to get a copy stamped by the clerk or do I just wait to see if the lawyer backs down at the hearing and then file the MTC on my way out if the case isn't dismissed?

No need to file the MTC with the court prior to your hearing.  I have details how these court hearings go in my previous posts, which you can dig up for many detailed examples.  Essentially, they will go through a roll call to see who is present, then the attorney will meet with you in the hall before going in front of the judge.  At this time is when you can present a copy of your MTC & the card agreement to the attorney and let them know you intend to using arbitration.  The attorney will act like a child at this point and give you a full load of lies and manure as to why you can't use arbitration.  Don't let this intimidate you.  If they don't agree to dismiss at this point, you just go to the judge and hand him a copy of your MTC as well.  The judge may also claim that arbitration will be costly for you but all you need to say is that you are familiar with the rules and procedures of JAMS arbitration and wish to use that method of resolution.

Don't get discouraged if the judge sets a new hearing date for another 30 days.  Just continue on to file the JAMS case and report back to court as needed to prove you filed.

Here is a current ongoing case to learn from:

 

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Just got back from court. It was nothing like I thought it would be, so I'm kinda nervous. The lawyer for Cavalry wasn't the one I thought was going to be there. In fact, I never got his name. He was very friendly and seemed a bit twitchy and in a rush - like more than anything he just wanted to get the hell out of there. Instead of waiting for our turn to speak with the mediator, we just went into a small room right outside the court room and sat at a table for less than a minute.

He said "Do you think there's a chance we can settle"? I said "No". He said "I see you want JAMS arbitration". I said "Yes, that's right." He said "You know there are steps you have to take to get that done?" I said "Yes, I understand everything that'll be required of me." He said "Ok, let's go tell the judge."

We went back into the court room, and the lawyer told the judge I wanted to arbitrate, mentioned the arbitration clause in the agreement, that he was consenting, and that we should come back in 60 days during which time I would initiate arbitration. I gave the judge my MTC, which he didn't really read - just noted that I hadn't signed it (I thought I had to file it with the clerk afterward and sign it there) so had me sign it and said "Ok, this will be filed and you'll receive a notice of your hearing for 60 days in the mail." I was excused then and the judge immediately moved on to another case, so I left. I wasn't given any papers or really an official judgement. I've been reading about magistrate court being casual, but this seemed a bit too loose.

The word "continuance" was never spoken...but is that was just happened? That was something I was waiting to hear so I could refuse it, but I might have just been hit with it anyway. 60 days seems like a really long time. This seemed too easy. The lawyer seemed totally on board with arbitration. Not like he was excited about it or anything, but there was zero push back. Like I said, he seemed really rushed and like he just wanted to move things along as fast as possible, but I'm still worried I might have been played somehow.

Should I wait to receive the order in the mail before proceeding? I feel sort of...incomplete without it. I guess I could just go ahead and download the Demand For Arbitration form from the JAMS site, get that done and send it CMRRR to Roosen Varchetti and Olivier and Cavalry though, right? After I receive proof that they received those demands I can file with JAMS and hope Cavalry dismisses the case? That's what I've gathered I should do based on other posts.

 

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Also, the card agreement says this:

"If you ask us to, we will pay all the fees the administrator or arbitrator charges, as long as we believe you are acting in good faith. We will always pay arbitration costs, as well as your legal fees and costs, to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced."

Does this mean I don't have to pay the filing fee? If that's the case then I just highlight this section of the agreement when I file with JAMS?

Should there be an election of arbitration sent to Cavalry and the law firm at some point or is the demand form enough? Based on other posts it seems to vary so I'm not sure what to send and in what order. It seems like I would just send the demand form.

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Interesting. Sounds like lawyer gets paid a couple bucks for each default judgement with a bonus for settlements. Once arb was in play he knew wasn't seeing a nickle, so it's Cavalry's problem to drop case. I'll defer to Mr, F.H. Cheese to guide you through next steps, but it seems safe to say that you won.

 

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@NCas  Congratulations!  You got exactly what you wanted and needed.  You got the bonus of an easy attorney and easy judge it sounds like.  Follow the suggestions from @fisthardcheese to file with JAMS and when Cavalary decides not to pay the fees required, you win.  Just make sure to follow through on what @fisthardcheese says.   

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File the JAMS case and send a copy to the law firm (no need to send to Cavalry, just their attorney) at the same time. Send both CMRRR. Wait to get an email from JAMS with your case number and further instructions. Do not send any money, simply point out in a cover letter that per the contract, you are requesting that Cavalry forward the consumer portion of the filing fee. Save all communications from JAMS. Above all else, be sure you show up at the next court date with all of your JAMS paperwork.

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First of all, thanks for your replies guys! I know I went silent for almost two months but I really do appreciate the help you've given me!  I had my hearing today so want to keep this updated so that if this goes just the way I want it to I can post my full journey to victory in hopes that it will help someone :) ...or post a failure so that people can learn from my mistakes :(

Instead of the super easy lawyer that showed up last time, the one that I expected and is listed on the service papers showed up. She's more of a tough cookie. I think I got the basic rundown that I've read about so much. You know, "arbitration's expensive, you're going to have to pay a lot of money and it's cheaper to just settle with me now", yada yada yada. Since there was no email address available for the Cavalry's attorney, JAMS sent notice of initiation by mail and they hadn't received it yet, so when I showed her a copy of what they mailed out that said that they were expecting Cavalry to pay a $1200 filing fee based on the statement in the contract which JAMS quoted directly, her argument changed slightly in that she slipped in that they could stick me with all the fees "when it's all done" and they win the arbitration case.  To get it started though, they'd have to pay the filing fee. She also tried suggesting I'd have to pay half, but even if that were true,  $600 is more than the case is worth so I don't think they'd even pay that.

I think the lawyer asked for a 120 day continuance while we got arbitration going (she tried to argue that I hadn't initiated in a timely manner), but it was said as sort of a side comment and I'm not sure the judge agreed to that. He said that I'd shown proof that I'd initiated within the 60 day continuance period and that we should go ahead and arbitrate. I haven't received an official order from the court yet. I'll probably receive something in the mail in a few days like last time. Now I'm just waiting for that and for contact from Cavalry. So now just the waiting game and plans to hold out for a dismissal with prejudice from Cavalry :)

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Please do keep updating.  We need to know the outcomes to help others here better - even if its a bad outcome.  However, yours is on the way to being a great outcome.

You did a great job.  You keep doing what you are doing and you will have a win very soon.

When you filed in JAMS did you file any claims against Cavalry?  If not, I would add a new claim against them for the FDCPA violation of the attorney blatantly lying to you in connection with the collection of a debt.  It would obviously be your word against hers, but just making the claim adds leverage to your side when it comes time to settle.

If you have the attorneys name, you may be able to find her email address on the law firms website (or with google).  If you can, then I might send an email to JAMS with her CC'd stating that you spoke with her on this matter and she is the contact for Cavalry.  Just if you want to really get under her skin some more and allow JAMS to start contacting her quicker. :)  Once JAMS is able to confirm contact with the attorney (which they will CC you both on an email when done) is when I would email a copy of my amended claims adding the FDCPA violation and I would ask to add the attorney or law firm at a second respondent (as a debt collector they violated the law and are covered under the card agreement as an "agent" of Cavalry, who is an assignee of Synchrony).  That will cause some ruckus at the law firm and want them to shed this case as quick as they can, IMO.

 

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Sounds like you are on your way - all of her grumbling proves you've won. Think about it -  if she honestly knew (or even believed) what she was saying, she gladly let you hang yourself and then laugh in your face with all of these "fees and costs" once they confirmed judgement of arbitration award.

I wonder if we shouldn't be getting aggressive in term of getting these "hallway lies" on the record, since they fly about as close as one can get to misrepresenting the debt, and are clear ethics violations.

EDIT: - HAHAHA - Fist and I cross posted about the lie!

 

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8 minutes ago, Goody_Ouchless said:

I wonder if we shouldn't be getting aggressive in term of getting these "hallway lies" on the record, since they fly about as close as one can get to misrepresenting the debt, and are clear ethics violations.

EDIT: - HAHAHA - Fist and I cross posted about the lie!

I believe they in fact DO cross the line into misrepresentation.

It's very hard for a first-time pro-se defendant to get as aggressive as would be needed to obtain solid proof.  I do recall one very smart person on the other board recording this hallway discussion on their phone once.  If I were ever in this position again, I would very much pull out my phone to clearly and openly record the conversation, and when the attorney objects, I would refuse to talk with them and just go straight to the judge with my MTC.  But, again, I wouldn't advise a first-time defendant to do this because they already have enough stress and things to worry about as it is.

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Ugh and Georgia's a one party state. I'm kicking myself for not recording that conversation now. I think the court attendant or whoever she was freaked everyone out by saying if we didn't turn off our phones the judge would have a fit, take them away and chuck them out the window lol so I kept my phone off and didn't even think about using it to record. 

I'll look into adding a claim.  The crappy thing about it was that she used her experience and position as a lawyer to try to sound credible - basically said "I've arbitrated a hundred times, you're going to lose and JAMS is going to make you pay the fees when you do on top of what you owe."  I get that she was just doing her job, but that can sound pretty scary to a first timer acting pro-se.  Even scarier though was that she was reading from the agreement, and I could see how it could be interpreted in the way she described. The agreement does say that arbitration costs will be paid "to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced." This is what she used to say that I had to pay the fees up front and then would be reimbursed if I won and an arbitrator awarded me the arbitration costs, so it would just be cheaper to pay a $500 settlement. That was when I pulled out the JAMS correspondence letter that she hadn't received yet that said they were expected to pay the filing fee :p  She changed her tune a bit then and said I'd have to pay back any fees if I lost and the arbitrator awarded Cavalry the arbitration costs.

Oh, she also filed a motion to lift and stay, arguing against the arbitration on grounds that I failed to abide by the court's time frame to initiate arbitration. She claimed that I had since Semptember 5, 2017.  The suit wasn't even filed against me until September 25th, 2017. The only time frame given by the court was a 60 day continuance and she filed the motion less than 30 days after the hearing where the continuance was granted. I never even received the motion because she sent it to an address I'd never even heard of in a totally different city, so I knew nothing about it until she gave me a copy just before we went to speak to the judge. Wish I'd had time to read it and see the dates and delivery address before we went to speak to him, and I would have brought it up. :-/ Not sure there's anything I can do about it now :-/

Thanks again for the replies everyone :) I'll keep updating!

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That's just what attorneys do.  They bully consumers.  That is literally what all of these debt cases are all about.  Don't worry about not having it recorded.  I would just write up an affidavit right now on since it just happened and is fresh in your mind.    In the affidavit you simply write what you witnessed the attorney say about arbitration costs and that you should instead just settle with them for that amount.  Since her words run directly counter to the written JAMS rules for consumer arbitration.  Get the affidavit notarized and it then becomes sworn testimony on what happened and how they violated the FDCPA.  In order for them to refute your claims, they will have to have this attorney show up at the JAMS hearing to provide her own testimony on what happened.  

Honestly, the affidavit is probably over kill (they will never get to a hearing anyway), but if you have the time, it's a good idea.   But I would definitely submit an amended complaint into JAMS and ask for the attorney to be added as a second respondent.  I would just type up what she said and how it constitutes misrepresentation in connection with the collection of an alleged debt and ask for $1k statutory damages.  Once you email this to JAMS and the attorney, I bet you get a quicker response from them agreeing to a mutual dismissal.   Otherwise they will probably wait and make you show up in court for a 3rd time.  That is they usual game.  They want as many continuances as they can get just waiting for the one time you get a flat tire on the way to court and don't show up so they can get their default judgement.  I try to toss a wrench into their usual patterns as much as possible.

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32 minutes ago, NCas said:

The crappy thing about it was that she used her experience and position as a lawyer to try to sound credible - basically said "I've arbitrated a hundred times, you're going to lose and JAMS is going to make you pay the fees when you do on top of what you owe." 

That is her JOB.  A good attorney uses their experience and knowledge to outwit their opponent.  50% of what she said IS accurate.  A bad case in court is a bad case in arbitration.  Consumers generally do NOT win in arbitration.  The entire point to invoking it is that it becomes 5-10 X more expensive to pursue the debt in arbitration so the JDB drops collections entirely.  It is not to actually arbitrate.  There is a good track record of original creditors seeing it through and prevailing easily.  If the attorney can talk you out of it her client benefits and it is her job to take all necessary legal actions to do that.  Where she was wrong was on JAMS forcing you to pay all the fees.  She may be assuming it is like court where those are ordered or deliberate.  I disagree that it is a slam dunk misrepresentation intentionally.  This situation is where the court will consider bona fide error since at least half of her statement was correct.  Add to that at most for a "first time" offense the best you will see is the Judge admonish her for getting it wrong and tell her to be more careful next time.  

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Outwit, sure but still seems more deceptive than necessary.  I get though that she's just doing whatever she has to for her client to prevail if possible. I also totally understand that the point isn't to go into arbitration, though I would think that original creditors succeed more because original creditors will always have the necessary proof while JDBs are said to rarely have a copy of the of the contract made with the original creditor that has the names and account numbers of all the people included in the package of debts they bought.  Although I've also read in a couple places that the contract isn't always required by a judge or arbitrator to order in favor of the JDB :-/ 

Anyway, it seems to be out of the court for now, so I'd just be adding a claim to my demand with arbitration with JAMS and it would likely never be seen by a judge for him to wave it off as an error. It would just be something to add to the case to try to get them to dismiss sooner. She said she's arbitrated a lot, so if I were to accuse her of violating the FDCPA with what would essentially be notarized hearsay then I could add that as well, and I would think it would be more difficult for her to claim ignorance if it came to that at any point, which it shouldn't.

 As for that potential claim, you say she was wrong in telling me that JAMS would make me pay the fees. As closely as I can remember she said that since I was the one who initiated arbitration, I'd have to pay the fees and argued against me when I pointed out that the contract said otherwise with that phrase in the contract about the creditor paying fees "to the extent you prevail on claims you assert against us in an arbitration proceeding which you have commenced."   You don't think there was an FDCPA violation though? It does look like the misrepresentation could be brushed off as unintentional. If the goal is just to stir up another headache and make the law firm want to shake this case off asap then it might not matter so much, but I'm still not certain it would be worth it to try.

 I'm an assertive person when I need to be, but it was still a bit difficult just standing my ground today. If I hadn't already known what she might say and read so often to just ignore everything said, turn down payment settlements and keep insisting on arbitration, I'd probably have bought what she said and taken the settlement, so thank you to everyone who's contributed here and in other people's posts for that :)  Adding a claim to the the demand for arbitration does make me nervous though.  I know maybe I shouldn't, but I still worry about pissing someone off and missing out on an easy dismissal (hopefully WITH prejudice). Not sure I can muster up the chutzpah to get aggressive and add a claim with $1000 in damages lol.

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My personal. experience in arbitration is what I used to explain why I would do the things I said such as adding the attorney as a respondent and filing a $1k claim against them.  If I wanted a much quicker settlement without going back to court again, that's what I would do.

She may have arbitrated "100s of cases", but I guarantee they were not CONSUMER arbitration cases.  The consumer cases have a different set of rules.  It doesn't matter what the card agreement or her say about costs. The FACTS are that the JAMS rules do not allow an award of costs even if the JDB wins their case. 

Regardless of how some people like to twist my words often, I would never call this a "slam dunk" violation.  But it IS exactly what I called it.... a "he said/she said" that is enough to create more hurdles for them that they do not want to deal with. When you are in arbitration, the entire goal is to create hurdles.  You never want it to get to the hearing because you will lose.  I've never had a hearing even with the ever so fearful OCs, because I leveraged my claims, added new claims during the case when they came up, insisted on proper discovery and live witnesses, and knew when to start talking settlements.  That is how you prevail in arb.  Not by quickly getting to a hearing and hoping to "win" your case.

Now, with all that said, you should do what you are comfortable with.  If you want to wait for them to dismiss it, you can.  They eventually will.  But you may be jumping through their hoops on their time table to get there.

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Just received a copy of a dismissal WITHOUT prejudice that's been filed with the court. Not what I was hoping for (wanted this stupid thing over forever and a path to getting this off my credit report). There's still been zero communication with Cavalry or the lawyer outside the court house. I've only ever received the one email from JAMS yet containing copies of what was mailed to me and to Cavalry's lawyer, which never came (though there have been some weather issues which may be slowing things down). So now I guess I'm just waiting for communication with JAMS since I have to be the one to dismiss the arbitration case. I'm sure Cavalry knows that they can just refuse to pay the filing fees though and the whole thing eventually goes away, so not sure they will bother getting in touch to try to get me to dismiss the case.

I looked at JAMS' consumer minimum standards, and they're pretty vague. I know #7 says that consumers are only required to pay $250, but it's not more specific than that, doesn't mention allocation of fees after the case is decided, and I haven't been able to find anything stating that consumers are excluded from the conditions in JAMS' comprehensive rules which states that arbitrators are free to allocate fees as they wish. Tried calling JAMS and asking them but got a long winded "dunno" from someone who sounded new. I also remember reading posts from other people that claimed they were asked to pay more than that $250 because the court filing fee was higher in their county/state which makes me question how concrete the minimum standards are even more. While Cavalry would have to pay the fees first for the case to go through, be won and find out if the claim is judged as nonsense, and I'm sure they wouldn't do that, I'm still concerned an accusation of misrepresentation of costs on these grounds would be laughed off and ignored by Cavalry or brushed off by JAMS and not allowed to be added to the demand for arbitration. Can't hurt to try though, and it looks like adding that claim is my only shot at trying to pull a dismissal with prejudice out of this. Is there a penalty for Cavalry refusing to pay the fees if there is a claim against them?

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You file a counter motion with the court and ask for a dismissal WITH prejudice.  I would remind the court that the Defendant's Motion to Compel Arbitration was granted by the court, but that Cavalry has refused to date to respond to any of the arbitration letters and emails and instead filed their motion to dismiss.  I would point out that Cavalry has no intentions of arbitrating this matter as ordered by the court and ask that this matter be dismissed with prejudice so that Defendant is not burdened with having to file yet another MTC and re-open an arbitration case on this matter again.

Whether that works or not in Magistrate Court is anyone's guess, but it just might.  It is definitely worth a shot.  If you paid the $250 to JAMS, I would ask for my costs - the $250 because I complied with the court's order and Calvary has not.  Again, it may or may not work but can't hurt to try.

As far as JAMS, you can add your claims, but it won't matter.  Calvary intends to ignore this case and eventually JAMS will just close the case due to non payment from Cavalry.  The only recourse you would have is to file a MTC in federal court to force them to arbitrate. But since those new claims were mostly just to use as leverage to make Calvary go away, you accomplished that anyway.  Once JAMS closes the case, I would leave it be.

There are always ways to get these things off credit reports other than a dismissal with prejudice.  In fact, sometimes a win against a JDB can turn into the gift that keeps on giving.

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