Being sued by Cavalry

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Whoops! For some reason the email alerting me to a response here was sent to my spam folder, so sorry for the delayed response.

I'd like to give filing a motion to dismiss with prejudice a shot. I haven't been able to find any legal standing for it so far, and I imagine it will be more difficult without an an actual order to arbitrate from the judge to attach to the motion or at least refer to in the motion. I got a copy of the full case file. The judge had ignored the order I gave him to sign (he seemed to ignore everything handed to him to sign by anyone) that granted the MTC and dismissed the case with/without prejudice. Instead what was added after the last hearing is a check list with "Set For" and "Motion Hearing" checked off by the judge and a small handwritten note that says "Remove from calendar pending private arbitration". -_- Not lovin the super informal processes of magistrate court like I thought I might lol. What it seems to mean is "You still have to wear heels and come super prepared but the judge gets to add a napkin note to your case file instead of an official order" lol.

I got a letter about a week ago of a copy of a request for fees that JAMS sent to the lawyer and then a few days ago a letter from the lawyer stating that since they dismissed without prejudice, the arbitration fees were no longer necessary. There must be a way to ask the judge to override the voluntary dismissal without prejudice since it can't be considered fair to, as you said, burden someone with the possibility of dealing with another suit just because the JDB doesn't want to pay to finish this one. I haven't found any helpful state statutes or precedent to cite in the motion though or situations similar to mine where others tried to have a dismissal changed. Maybe that's because the proper course of action is to leave well enough alone?  That doesn't really help me on my credit repair journey though :(

Should I start a new thread asking about how I might get this account off my credit report? All research online so far says that a dismissal without prejudice is entirely useless. I've found no inconsistencies or inaccuracies in Cavalry's reporting to dispute with. Seems like my only option now would be to wait a couple weeks for Cavalry to lose track of my account, send a general dispute letter to all three CRAs and hope that Cavalry doesn't verify.

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If the judge has not yet signed off on their dismissal, then I would immediately file my counter motion dismissal with prejudice as outlined in my last post.  I would do this, like yesterday.

If it is too late for that, then I would just take the win and enjoy the fact that you beat Calvary and in all likelihood will never have to deal with them again.

But in the meantime, no matter which way you go in court, I would send an objection to JAMS about them attempting to say arbitration doesn't matter now.  I would state that this is a case that I filed and the respondent does not get to say when it is no longer needed.  I would state that I intend to pursue my claims in arbitration.  Heck, I would even file that amended claim talked about earlier now just for more added aggravation to them.  I would make it clear you Calvary that I am not just going away because they filed a dismissal without prejudice.

Once you file that along with your objection to their attempt to dismiss your own arbitration claims, I would wait for JAMS to respond.  I expect JAMS response to be that the case will continue and to ask Cavalry again to make their payment.  Once that response is given by JAMS, I would send an email to the attorney saying if they wish to settle this matter that I will agree to dismiss my arbitration case in exchange for a mutual release of liability.  If you can get them to send a settlement agreement that says you are no longer liable (and they are no longer liable for any potential FDCPA violations you may have against them), then that is just as good as a dismissal with prejudice in court.  It is a legally binding document saying that the debt is no longer yours, period.  It is up to you if you want to attempt to achieve this by keeping the pressure on them.  Just know that there is always the chance they will ignore everything and JAMS closes the case without getting that settlement agreement.  If that happens, you can deal with how to proceed from there. But for now, if this were me, I would focus on keeping the JAMS pressure on and attempting to counter motion in court for a dismissal with prejudice.  If one of those 2 strategies work, then you have the result you want.

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I am also being sued by Calvary on a debt that is over six years old. I have being paying on a debt with Calvary since April of 2017 every month like clockwork. In November of 2019, they claimed I missed a payment and I called them and left a voicemail.  They never returned my call.  I was served in January and called them to settle this out of court.  So I made different payment arrangements with them and they agreed to the terms.  However, I was mislead, and found out later, they went forward with the lawsuit and now have a default. Now I have to speak to an attorney and find out what my options are.

Edited by Natasha088
Needed to add more information

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