Pinkscarf80

Being Sued by Cavary-No reply from their lawyer

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Hi and thanks in advance for reading-

so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks! 

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14 hours ago, Pinkscarf80 said:

Hi and thanks in advance for reading-

so 2 weeks ago I was served by cavalry’s attorney (Jenkins and Young in Texas) for an old Citibank debt. It was filed in district court. A few days ago I filed my answer and motion to compel arbitration. The debt is for about $1,900. I reached out to the attorney after filing to see if they would dismiss. I reached out through the “make an offer to settle” link on their website. Also, they received by email and mail copies of my court filings. It has been almost a week since I reached out and I have not heard a word. Do you think they will wait until there is a motions hearing to make contact? Thanks! 

I can't read their minds, but they do seem to be sending a very clear message with their silence, i.e. they are not taking your offer seriously.  

The way to get them to take it seriously is to have your MTC ruled on favorably, and then file in JAMS.  Then, make the same offer again.  MAYBE they will reply.  Maybe not.  

 

You say this is an old debt.  Is it within the SOL?

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15 hours ago, Pinkscarf80 said:

I reached out to the attorney after filing to see if they would dismiss.

You jumped the gun and moved too quick.  The best time to get a settlement offer of dismissal is AFTER the court approves the motion.  Chances are pretty good that when you reached out they hadn't even read the motion yet.  They have 30 days to oppose it and file that with the court.

15 hours ago, Pinkscarf80 said:

I reached out through the “make an offer to settle” link on their website.

Most of those are unmonitored mailboxes. It may get checked once a month if at all.

15 hours ago, Pinkscarf80 said:

Do you think they will wait until there is a motions hearing to make contact?

They are probably not going to do anything until they review the motion you filed and their case.  Just wait.

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Hello, 

I am the original poster. I received a "settlement and release" agreement offer from the lawyer on friday. i am wondering if there is anything that should really be in there. it says that if i sign it they will "dismiss the case with prejudice". there was no request for any dollar amount. my question is. what are next steps? is there anything i should request to be put in? like no attorneys fees or to remove it from my credit report? also, do i need to ask them to file a stipulation of discontinuance? thank yoU!

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1 hour ago, Pinkscarf80 said:

Hello, 

I am the original poster. I received a "settlement and release" agreement offer from the lawyer on friday. i am wondering if there is anything that should really be in there. it says that if i sign it they will "dismiss the case with prejudice". there was no request for any dollar amount. my question is. what are next steps? is there anything i should request to be put in? like no attorneys fees or to remove it from my credit report? also, do i need to ask them to file a stipulation of discontinuance? thank yoU!

We can't really give you any advice without seeing a redacted version of the agreement.  

 

I am completely confused by this post.  Are they agreeing to walk away from the dispute, or are they asking you to agree to pay some money?

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Yes, they are agreeing to walk away it seems based on their release agreement. I am only asking if there are certain things I should look for in the release agreement such as for them to take off the mark from my credit report, and to not charge any attorneys fees etc.. thank you kindly. 

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5 hours ago, Pinkscarf80 said:

Yes, they are agreeing to walk away it seems based on their release agreement. I am only asking if there are certain things I should look for in the release agreement such as for them to take off the mark from my credit report, and to not charge any attorneys fees etc.. thank you kindly. 

All of that is included in the "with prejudice".  Don't over complicate it.  Usually there is a line in these settlements that says "each party bears their own expenses".  This means they won't bill you their attorney fees.

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There is something in there that says they would charge me attorneys fees to “enforce the agreement” should I ask to have that removed? I would post the agreement but there is also an NDA clause 

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49 minutes ago, Pinkscarf80 said:

There is something in there that says they would charge me attorneys fees to “enforce the agreement” should I ask to have that removed?

All that means is that they can attempt to recoup fees if you violate the agreement. As @fisthardcheese said - don't over complicate things.

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1 hour ago, Pinkscarf80 said:

There is something in there that says they would charge me attorneys fees to “enforce the agreement” should I ask to have that removed? I would post the agreement but there is also an NDA clause 

Like Goody said, this is just if they have to come back to court because you are not following the settlement agreement terms.  At most, I would say this should apply to both parties, such a s"either party can recoup fees to enforce the agreement".  It's up to you if you want to ask them to change that, but since no money is changing hands, I don't think it really is even worth it in this instance.  All that matters is they file the dismissal with prejudice and then you are free and clear of this debt and account forever.

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Congrats!!  I had Cavalry dismiss simply by filing a counter claim.  They seem to be the easiest JDB to get to mutual dismissal in my dealings so far.

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