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Cavalry is Suing Me, Free Attorney Not Much Help


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Sitting in court now. Plaintiff wants to drop case with prejudice in exchange for me not going forward with any action against them. I requested my CLARO attorney ask them to also remove account from my credit report. They agreed, but want me to sign another paper agreeing not to sue them. My attorney doesn’t think I should sign that. She says I can get account removed from credit report with the case being dropped with prejudice. I also asked that the account not be resold. What do you guys think I should do?

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Taken. ?

I feel so empowered right now. Wanna laugh and gloat in the faces of all the people in this courthouse who told me I was crazy, and in taking free advice off the internet, I was getting what I paid for. 

I wonder if the judge will let me make a statement to the courtroom. I feel a speech coming on. ?

A big thank you to EVERY single person who helped me here and commented in this post, even when I was clearly annoyed with your advice. I learned so much and after 5 months  requesting adjournment after adjournment, it’s finally over.

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Guest usctrojanalum

Definitely take that deal. I'm assuming you signed a full release and waiver which  prohibits you from suing them for FDCPA or FCRA violations. But in the grand scheme of things, that is a solid concession to make. 

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No, this is the nice lady from the last time I was here in early April. She too told me I was crazy and suggested I go to trial because I’d at least have CLARO attorneys to assist me. After she presented the deal to me, I was at least able to get her to admit that the advice I took online was correct. Honestly, I’d be here all day if I actually attempted to gloat in the many faces of the ppl who told me I was crazy. Numerous CLARO attorneys and even the ppl who work in the basement at the windows. They fought me, tried to stop me from filing my MTC, claiming it was formatted wrong. They rolled their eyes at me. I was intimidated repeatedly, but ha, my free internet non-attorneys turned out to be right  ?

Edited by Miss Abbie
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28 minutes ago, Miss Abbie said:

Sitting in court now. Plaintiff wants to drop case with prejudice in exchange for me not going forward with any action against them. I requested my CLARO attorney ask them to also remove account from my credit report. They agreed, but want me to sign another paper agreeing not to sue them. My attorney doesn’t think I should sign that. She says I can get account removed from credit report with the case being dropped with prejudice. I also asked that the account not be resold. What do you guys think I should do?

I agree with the other posters.  The agreement they’ve presented is standard.  They can’t sue you again, will delete their TL, and you don’t don’t have to pay a penny.

 

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3 minutes ago, Miss Abbie said:

Thats the second paper my attorney suggested I not sign @usctrojanalum

They wanted me to sign that to remove info from credit report, but CLARO lawyer said I shouldn’t and that the dismissal with prejudice was enough to dispute it with agencies  

 

 

If you sign it, you don’t have to bother with disputing.  

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Guest usctrojanalum
14 minutes ago, Miss Abbie said:

Thats the second paper my attorney suggested I not sign @usctrojanalum

They wanted me to sign that to remove info from credit report, but CLARO lawyer said I shouldn’t and that the dismissal with prejudice was enough to dispute it with agencies  

That's a choice for you to make. I don't want to blatantly just say another attorney's advice is wrong. But you have to weigh if a waiver of your right to sue them is worth the trouble of taking your dismissal with prejudice, contacting the CRA's and making sure the CRA's do what they are supposed to do. 

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I have signed the papers and left court. I took my attorney's advice and did not sign the other paper promising to give up my right to sue them in exchange for removing the info from my credit report. She seemed insistent I not sign away that right, so for once I listened. I'll do as she instructed and try and get it removed with just the dismissal with prejudice.

I am pleased with the outcome and again, thank you all for your assistance.

I am attaching a copy of my win, with relevant info yellowed-out.

And FYI, I got to give my speech and was congratulated by the few ppl left in the courtroom and a few attorneys. ?

 


 

waiver.jpg

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Guest Sasha ponc.

Hello Miss Abbie

I'm in the same situation as you, with CityBank and Cavalry. would you mind sharing your MTC? how did you defended the "small claim" policy of city card agreement? 

i have my court hearing on May 28, i don't have an attorney and i can't afford one, i'm on my own.  

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On 5/3/2019 at 1:11 PM, Miss Abbie said:

I have signed the papers and left court. I took my attorney's advice and did not sign the other paper promising to give up my right to sue them in exchange for removing the info from my credit report. She seemed insistent I not sign away that right, so for once I listened. I'll do as she instructed and try and get it removed with just the dismissal with prejudice.

I am pleased with the outcome and again, thank you all for your assistance.

I am attaching a copy of my win, with relevant info yellowed-out.

And FYI, I got to give my speech and was congratulated by the few ppl left in the courtroom and a few attorneys. ?

 


 

waiver.jpg

There would have been nothing wrong with signing that deal.  It really would only change the fact that you now have to send 3 certified letters to the CRAs to remove it from your reports.  Unless you have some kind of blatant violation that would be an easy win in court, what would have been the harm in agreeing to not sue them over this account?  That is standard settlement language most people here agree to anyway.

Either way - MTC wins are always good, and you didn't even have to file the arbitration case.  Good work!

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  • 2 years later...
On 5/3/2019 at 11:15 AM, Miss Abbie said:

Sitting in court now. Plaintiff wants to drop case with prejudice in exchange for me not going forward with any action against them. I requested my CLARO attorney ask them to also remove account from my credit report. They agreed, but want me to sign another paper agreeing not to sue them. My attorney doesn’t think I should sign that. She says I can get account removed from credit report with the case being dropped with prejudice. I also asked that the account not be resold. What do you guys think I should do?

Hi Miss Abbie,

I am a newbie. And been receiving debt collection letters from a collections lawyer, Rubin&Rothman on a $40K liability and now noticed I actually have a collections from Cavalry on my credit report which has destroyed my credit.

 

Thank you for taking the time to relay your thoughts. I am taking notes and hoping my work and research will help my current challenging situation. Congrats! R-

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  • 4 weeks later...
On 2/23/2019 at 1:51 PM, Harry Seaward said:

Also, just to clarify. It's been years since anyone on this board has been able to reliably win a debt collection lawsuit by arguing standing.

It used to happen on a fairly regular basis that courts would reject a JDBs own employee testimony about records created by the original creditors. In the last few years, courts have migrated to using "adoptive business records doctrine". This means Midland's employee can admit Citi's records provided he/she testifies that they received the records, incorporated them into their own and relied upon them as part of conducting their day to day business. There are literally hundreds of case law rulings across dozens of jurisdictions that establish this as standard operating procedure, and there are no jurisdictions that have expressly rejected it. Meaning if it hasn't been considered in a court ruling binding on your local court (very unlikely), it is almost certain to be found acceptable. 

JESUS CHRIST!!!!! REALLY?

After reading every post here for 15 months and getting ready for my trial date ( next month), I NOW READ THIS!!!!.

Really, there is no hope to beat a JDB in court?

What about the affidavit do not comply with 2015.5.

Monthly card statements have not been properly authenticated by the OC.

The bill of sale calls for an electronic file that nobody has seen.

The contract agreement is generic and is dated 2013 but the account was opened in 2014.

The APR% charged on the card statement does not match the contract agreement.

The consumer's owner date of birth does not belong to the defendant.

The debt account is not shown on any credit report. (mysterious last payment of $135.31 made in 2015 when the account was defaulted for several months and the minimum payment was over $5000).(Bye bye SOL)

Most likely a JDB will be an expert witness on the phone.

Plaintiff discovery violation for not providing me the BOP and telling me:, ..." we have requested the documents and will provide them to you when they become available"...

Cause of action is Money Lent but 90% of the money s not even accounted for. Older statement shows a $6000 previous balance.

ALL THIS WORK AND RESEARCH FOR NOTHING?

My legs went back to shaking mode waiting for trial. :(

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5 minutes ago, WhoCares1000 said:

If you followed the CCP 96 and CCP 98 rules, you have a better change in California than most other states because California does not follow the business records doctrine that has been adopted by every other state.

Thank you.

I did.

The JDB said that they will have an expert witness on the phone (a VP from the OC bank and a litigation specialist from the plaintiff side).

I am ready to cross examining both of them with different questions.

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