Miss Abbie

Cavalry is Suing Me, Free Attorney Not Much Help

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Okay, don't laugh, but I am trying to write out a small defense statement in case the plaintiff opposes my MTC by claiming I waived my right to ask for arbitration.

Below is what I have so far. I may only read some of it if necessary. Let me know what you guys think.

Quote

 

Defendant did not waive right to Arbitration and has not enjoyed benefits up to this point that would not have been available in arbitration. Defendant seeks Arbitration now, because she did not know the option existed until plaintiff provided the card agreement, which governs the account from which plaintiff's allegations are based upon.

Defendant immediately sought to Stay Proceedings and seek Arbitration once she learned it was not only an option, but highly favored one in the eyes of New York Courts, as referenced in Stark v. Molod Spitz Desantis.

 

 

 

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I found my twin. After my above question wasn't answered, I assumed it was bad/laughable, I get that a lot from the CLARO lawyers... so I went looking for a bit of motivation and found the below thread, where the OP was looking for the same advice concerning arguing her MTC to a judge. I found great answers to various arguments the plaintiff's attorney might bring up. I'm also happy to see the OP's case had a happy ending.  :)

@fisthardcheese and @Brotherskeeper

 

 

 

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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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Take the deal. Why wouldn't you agree to not sue them? Seems only fair since they are dropping the case against you with prejudice. 

 

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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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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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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  

 

 

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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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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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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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