Racinghart03

DV Sent back by Collections Attorney for Cavalry Portfolio..What Next?

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@fisthardcheese If memory serves me, another member had really good luck following your advice and set the attorney up with an real deal JAMS case by when the JDB filed suit AFTER a demand for arb was sent. Worst case is they try and sue me in Civil and at that time I file the MTC for arb. Yes no? One other thing..If I initialize the arb, I choose JAMS, I know you favor them for a few reasons. If they file, they will probably choose AAA. Any thoughts there? Or do I exercise some poise and wait to see what their next move is?

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2 hours ago, Racinghart03 said:
 
 

@fisthardcheese If memory serves me, another member had really good luck following your advice and set the attorney up with an real deal JAMS case by when the JDB filed suit AFTER a demand for arb was sent. Worst case is they try and sue me in Civil and at that time I file the MTC for arb. Yes no? One other thing..If I initialize the arb, I choose JAMS, I know you favor them for a few reasons. If they file, they will probably choose AAA. Any thoughts there? Or do I exercise some poise and wait to see what their next move is?

Wait.  They will sue you, but you should do nothing unless and until that happens.

Get the MTC granted before filing anything with JAMS.  They will not file with AAA before you do.

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1 hour ago, fisthardcheese said:

Wait.  They will sue you, but you should do nothing unless and until that happens.

Get the MTC granted before filing anything with JAMS.  They will not file with AAA before you do.

Does the MTC get filed at a hearing or in response to being served with the suit by entering it as a response to the suit? I am guessing worst case is I have a court date where I would then file the MTC. 

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On 5/22/2020 at 12:24 PM, Racinghart03 said:

Does the MTC get filed at a hearing or in response to being served with the suit by entering it as a response to the suit? I am guessing worst case is I have a court date where I would then file the MTC. 

 

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Isn't Calvary Portfolio a collection for credit card debt? It's my understanding that JAMS does not take those type of cases.  I could be wrong, bug maybe it's worth checking into before you get much further in the process.  Also, I had a collection with Calvary for HSBV, I think that was the credit card, sorry if he name is wrong, however; they lost their right to sue many, many years ago and still try to send invoices.  You have to look around for the small print that says they no longer have a right to sue you, apparently they can still try to invoice you though.  Good luck, these situations can really take it out of you.  Just never let them paint you into a corner.  Don't get pressured into a decision you are not ready or informed enough to make yet.  They want to get through any arbitration very quickly, because their cost and possibly the cost of the judgement could soon have the arbitration outweigh the amount of the settlement...

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5 minutes ago, JennCreditNow said:

Isn't Calvary Portfolio a collection for credit card debt? It's my understanding that JAMS does not take those type of cases.  I could be wrong, bug maybe it's worth checking into before you get much further in the process.  Also, I had a collection with Calvary for HSBV, I think that was the credit card, sorry if he name is wrong, however; they lost their right to sue many, many years ago and still try to send invoices.  You have to look around for the small print that says they no longer have a right to sue you, apparently they can still try to invoice you though.  Good luck, these situations can really take it out of you.  Just never let them paint you into a corner.  Don't get pressured into a decision you are not ready or informed enough to make yet.  They want to get through any arbitration very quickly, because their cost and possibly the cost of the judgement could soon have the arbitration outweigh the amount of the settlement...

@JennCreditNow. Doing my best to at least know what my options are. Thank you for weighing in. I have not heard from the attorney since I sent the arb demand. Obviously that doesn't mean much at all but they did not fire back right away. The arbitration clause in the Card Members Agreement had both Jams and AAA listed for arbitration options. I will still have the AAA option if worst comes to worse. Hopefully they realize they were not going to get their way with a quick default judgement and we can settle a reasonable settlement and move on with life. It seems they hope that no one does anything with the letters they send and they can just get a quick judgement and garnish wages or whatever. I will not let that happen. 

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Exactly!  I can't believe how many just misinformed consumers, settle, whether they owe or not.  And most, if they do settle, don't negotiate it, or insist on a pay to delete.  Of course I didn't know any of this until I started researching to help my Mom a few years ago.  It's tough to know everything, lol!  Sounds like perhaps they have already, fingers crossed, decided you are not worth pursuing, that will be my hope for you! From what I have heard, which could be limited, you are safe starting a settlement negotiation at at least half the amount they are asking...and keeping in mind the pennies they pay, that's generous from us consumer's I think! Give 'em hell.  

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4 minutes ago, JennCreditNow said:

Exactly!  I can't believe how many just misinformed consumers, settle, whether they owe or not.  And most, if they do settle, don't negotiate it, or insist on a pay to delete.  Of course I didn't know any of this until I started researching to help my Mom a few years ago.  It's tough to know everything, lol!  Sounds like perhaps they have already, fingers crossed, decided you are not worth pursuing, that will be my hope for you! From what I have heard, which could be limited, you are safe starting a settlement negotiation at at least half the amount they are asking...and keeping in mind the pennies they pay, that's generous from us consumer's I think! Give 'em hell.  

@JennCreditNow ABSOLUTELY!!! Crazy thing is that this debt claim is over 5.5 years old. In NJ all non essential businesses were forced closed by a government order early in March, and these bozos choose to start sending letters out in the height of the pandemic!!??  It really seems they were taking advantage of the situation. On a side note, law firms were NOT deemed essential and they should not have been conducting business at all let alone initiating communications. I had to go to the PO and send the communications CMRRR when people were told to stay home just to protect myself. . I did mention that in my DV request letter. Just really sleazy. Just for that I would fight this tooth and nail. I have heard they pay at the high end of 10 cents per dollar. Bidding starts at 5 cents in the event they come back at me. If they sue, I will try and hit them with any and all FCDPA violations that have a scent of fragrance in this one. They are better off settling now. 

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20 hours ago, JennCreditNow said:

Isn't Calvary Portfolio a collection for credit card debt? It's my understanding that JAMS does not take those type of cases.  I could be wrong, bug maybe it's worth checking into before you get much further in the process.  Also, I had a collection with Calvary for HSBV, I think that was the credit card, sorry if he name is wrong, however; they lost their right to sue many, many years ago and still try to send invoices.  You have to look around for the small print that says they no longer have a right to sue you, apparently they can still try to invoice you though.  Good luck, these situations can really take it out of you.  Just never let them paint you into a corner.  Don't get pressured into a decision you are not ready or informed enough to make yet.  They want to get through any arbitration very quickly, because their cost and possibly the cost of the judgement could soon have the arbitration outweigh the amount of the settlement...

JAMS and AAA will accept credit card disputes filed by consumers or pursuant to a court order.

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28 minutes ago, BV80 said:

JAMS and AAA will accept credit card disputes filed by consumers or pursuant to a court order.

Sweet! Still crossing my fingers I wont need to go that far. But thanks to all of you,  I am prepared if I do! Random question for anyone.. when does the clock START for the SOL? I thought it was the day that the account had its last payment on. I have heard a few different variations. Anyone know for sure?

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5 minutes ago, Racinghart03 said:

Sweet! Still crossing my fingers I wont need to go that far. But thanks to all of you,  I am prepared if I do! Random question for anyone.. when does the clock START for the SOL? I thought it was the day that the account had its last payment on. I have heard a few different variations. Anyone know for sure?

If the account was not yet in default, the SOL would start when payment was due and never made.  If you made a payment after default that did not bring the account back to a current status, it might start on the date of that payment.  

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4 minutes ago, BV80 said:

If the account was not yet in default, the SOL would start when payment was due and never made.  If you made a payment after default that did not bring the account back to a current status, it might start on the date of that payment.  

That was my original understanding @BV80. Last payment of any sort made on this account was June of 2015 (right before the bomb went off...aka DIVORCE). NJ SOL is 6 years on this type of CC. If the account was no longer current 30 days after the last payment, the SOL would be July of 2021. 

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On 6/4/2020 at 11:40 AM, JennCreditNow said:

Isn't Calvary Portfolio a collection for credit card debt? It's my understanding that JAMS does not take those type of cases.  I could be wrong, bug maybe it's worth checking into before you get much further in the process.  Also, I had a collection with Calvary for HSBV, I think that was the credit card, sorry if he name is wrong, however; they lost their right to sue many, many years ago and still try to send invoices.  You have to look around for the small print that says they no longer have a right to sue you, apparently they can still try to invoice you though.  Good luck, these situations can really take it out of you.  Just never let them paint you into a corner.  Don't get pressured into a decision you are not ready or informed enough to make yet.  They want to get through any arbitration very quickly, because their cost and possibly the cost of the judgement could soon have the arbitration outweigh the amount of the settlement...

Absolutely incorrect. JAMS and AAA both accept consumer credit cases from the consumer. They also accept a case from either the consumer or the debt collector if there is a court order.  Additionally, Calvary has the right to sue anyone.  In your case, it sounds like you got a letter indicating they won't sue because the account is too old and beyond the statute of limitations.  This will not apply to most people.

On 6/4/2020 at 11:52 AM, Racinghart03 said:

The arbitration clause in the Card Members Agreement had both Jams and AAA listed for arbitration options.

Unless your debt is under $2k, AND the card agreement does NOT say they will pay all your filing costs for arbitration, then I would always use JAMS, personally.

In other words, I only use AAA for a small debt amount that I am required to pay the filing fee for.

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5 minutes ago, fisthardcheese said:

Absolutely incorrect. JAMS and AAA both accept consumer credit cases from the consumer. They also accept a case from either the consumer or the debt collector if there is a court order.  Additionally, Calvary has the right to sue anyone.  In your case, it sounds like you got a letter indicating they won't sue because the account is too old and beyond the statute of limitations.  This will not apply to most people.

Unless your debt is under $2k, AND the card agreement does NOT say they will pay all your filing costs for arbitration, then I would always use JAMS, personally.

In other words, I only use AAA for a small debt amount that I am required to pay the filing fee for.

Yes in the event I need to initiate...JAMS all day!!!! @fisthardcheese

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2 minutes ago, Racinghart03 said:

Yes in the event I need to initiate...JAMS all day!!!! @fisthardcheese

I would just start thinking in terms of, yes you WILL have to initiate.  Settlements 95% of the time occur after JAMS is initiated and at least a small amount of back and forth with the JAMS administrator has occurred.  It's always best to know what you will have to do rather than hoping it all vanishes by filing a motion.  Then you aren't sitting back hoping for an easy outcome, then hit with a wall of anxiety when you have to do more later on.

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2 minutes ago, fisthardcheese said:

I would just start thinking in terms of, yes you WILL have to initiate.  Settlements 95% of the time occur after JAMS is initiated and at least a small amount of back and forth with the JAMS administrator has occurred.  It's always best to know what you will have to do rather than hoping it all vanishes by filing a motion.  Then you aren't sitting back hoping for an easy outcome, then hit with a wall of anxiety when you have to do more later on.

Yes I agree with you. I am prepared with the JAMS form bookmarked and am ready. I have followed your logic and either they pass on me, or start throwing stones in which case I make my next move. 

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UPDATE: @fisthardcheese @BackFromTheDebt @BV80. So as I kinda expected but was not hoping for....I believe the attorney is suing me. It is kinda funny how it came to light as I got a letter from an debt attorney with a docket reference number that was "here to help".  The useful information was the docket number so I searched it in the NJ Supreme Court and did find that it was filed a few days ago. They also said a notice was mailed 6/13. So I am thinking I should be getting the love letter in the mail any day now. It was the JDB attorney who filed and the case will DEFAULT on 7/24 so I understand that I need to have my end handled before that date. A few questions.... Do I file the MTC with the court before I go to court?  I will begin working on FHCs template so it is ready. Do I have to go to court to file the MTC? And when do I file with Jams?  Now or later? When I do file with JAMS do I do if for FDCPA violations, violation of my arbitration request, or any other reason? Thank you everyone!

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3 hours ago, Racinghart03 said:

UPDATE: @fisthardcheese @BackFromTheDebt @BV80. So as I kinda expected but was not hoping for....I believe the attorney is suing me. It is kinda funny how it came to light as I got a letter from an debt attorney with a docket reference number that was "here to help".  The useful information was the docket number so I searched it in the NJ Supreme Court and did find that it was filed a few days ago. They also said a notice was mailed 6/13. So I am thinking I should be getting the love letter in the mail any day now. It was the JDB attorney who filed and the case will DEFAULT on 7/24 so I understand that I need to have my end handled before that date. A few questions.... Do I file the MTC with the court before I go to court?  I will begin working on FHCs template so it is ready. Do I have to go to court to file the MTC? And when do I file with Jams?  Now or later? When I do file with JAMS do I do if for FDCPA violations, violation of my arbitration request, or any other reason? Thank you everyone!

Well, this is kinda what you expected, and have been preparing for.  

In general, the best approach is a general denial with an affirmative defense of improper venue due to arbitration, along with the MTC, filed as your answer.  File it a few days before the due date, just in case something weird happens.  

Filing a claim of an FDCPA violation due to ignoring your arbitration demand (NOT a request!  A demand!)  is possible.  People here will tell you, correctly, that there is no case law that filing the court case really is an FDCPA violation.  But, in SOME cases, it can help to scare them away from arbitration.  Other times it doesn't help.  

File in JAMS after your MTC is approved.  

This being a JDB, the chances of them agreeing to a mutual walkaway after you file in JAMS are better.  There is no 100% sure thing, but your chances are pretty good.  

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3 minutes ago, BackFromTheDebt said:

Well, this is kinda what you expected, and have been preparing for.  

In general, the best approach is a general denial with an affirmative defense of improper venue due to arbitration, along with the MTC, filed as your answer.  File it a few days before the due date, just in case something weird happens.  

Filing a claim of an FDCPA violation due to ignoring your arbitration demand (NOT a request!  A demand!)  is possible.  People here will tell you, correctly, that there is no case law that filing the court case really is an FDCPA violation.  But, in SOME cases, it can help to scare them away from arbitration.  Other times it doesn't help.  

File in JAMS after your MTC is approved.  

This being a JDB, the chances of them agreeing to a mutual walkaway after you file in JAMS are better.  There is no 100% sure thing, but your chances are pretty good.  

@BackFromTheDebt The funny thing about it is they filed the complaint as a contract dispute...ok...well the contract says I have the right to arbitration, I sent the demand for is as per your suggestion, and they filed suit anyway. So let me get this straight, THEY want to violate the terms of the very contract you say I violated??? Really?? But like you said, I was expecting this. I cannot thank you all enough. If this blindsided me, I would have freaked out. I am much more at peace with the situation thanks to all of you. I will have the MTC ready to file as my answer. Is there court if they accept my MTC? And if there is I wonder how long it would be. NJ was hit hard with the Corona and I am sure the backlog is something fierce. Also wondering if it would be a virtual meeting. Also what would I file as my JAMS case as an answer? If I initiated before it would be on some grounds of a violation....so if it is an answer..what is it filed as?

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32 minutes ago, Racinghart03 said:

@BackFromTheDebt The funny thing about it is they filed the complaint as a contract dispute...ok...well the contract says I have the right to arbitration, I sent the demand for is as per your suggestion, and they filed suit anyway. So let me get this straight, THEY want to violate the terms of the very contract you say I violated??? Really?? But like you said, I was expecting this. I cannot thank you all enough. If this blindsided me, I would have freaked out. I am much more at peace with the situation thanks to all of you. I will have the MTC ready to file as my answer. Is there court if they accept my MTC? And if there is I wonder how long it would be. NJ was hit hard with the Corona and I am sure the backlog is something fierce. Also wondering if it would be a virtual meeting. Also what would I file as my JAMS case as an answer? If I initiated before it would be on some grounds of a violation....so if it is an answer..what is it filed as?

Have you already filed a claim with the arbitration forum?

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2 minutes ago, BV80 said:

Have you already filed a claim with the arbitration forum?

@BV80 No I have not filed with the arbitration group yet. I also have not officially received notice from the court. I stumbled upon a docket in a somewhat comical way. 

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2 hours ago, Racinghart03 said:

@BV80 No I have not filed with the arbitration group yet. I also have not officially received notice from the court. I stumbled upon a docket in a somewhat comical way. 

Then I doubt you could claim aN FDCPA violation for the filing of a complaint simply because you elected arbitration.   Electing and actually filing a claim are not the same thing.  Remember that Fisthardcheese told you that electing arbitration might encourage the plaintiff to rush to file its claim in small claims court.  Is this stated in your arbitration provision? 

Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.

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4 minutes ago, BV80 said:

Then I doubt you could claim aN FDCPA violation for the filing of a complaint simply because you elected arbitration.   Electing and actually filing a claim are not the same thing.  Remember that Fisthardcheese told you that electing arbitration might encourage the plaintiff to rush to file its claim in small claims court.  Is this stated in your arbitration provision? 

Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. Neither you nor we waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a party may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA.

@BV80 From the Card Member Agreement...

"PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, Authorized User, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts or corporate affiliates are here considered as one person."

It is worth mentioning that NJ small claims is capped at 3k. This would need to filed in Special Civil due to the fact the amount they say I owe is more. That removes the small claims exception rule. 

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3 minutes ago, Racinghart03 said:
 
 

@BV80 From the Card Member Agreement...

"PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (FAA), and shall be interpreted in the broadest way the law will allow. Covered claims • You or we may arbitrate any claim, dispute or controversy between you and us arising out of or related to your Account, a previous related Account or our relationship (called “Claims”). • If arbitration is chosen by any party, neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Except as stated below, all Claims are subject to arbitration, no matter what legal theory they’re based on or what remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other claims. This also includes Claims made by or against anyone connected with us or you or claiming through us or you, or by someone making a claim through us or you, such as a co-applicant, Authorized User, employee, agent, representative or an affiliated/parent/subsidiary company. Arbitration limits • Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. • We won’t initiate arbitration to collect a debt from you unless you choose to arbitrate or assert a Claim against us. If you assert a Claim against us, we can choose to arbitrate, including actions to collect a debt from you. You may arbitrate on an individual basis Claims brought against you, including Claims to collect a debt. • Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any party, neither you nor we may pursue a Claim as part of a class action or other representative action. Claims of 2 or more persons may not be combined in the same arbitration. However, applicants, co-applicants, Authorized Users on a single Account and/or related Accounts or corporate affiliates are here considered as one person."

It is worth mentioning that NJ small claims is capped at 3k. This would need to filed in Special Civil due to the fact the amount they say I owe is more. That removes the small claims exception rule. 

What does it say about “How Arbitration Works”?

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