Racinghart03

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

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51 minutes ago, fisthardcheese said:
 

If the judge did indeed dismiss your entire case already, then asking for a dismissal with prejudice isn't quite accurate.  What I would do is file JAMS immediately.  It cost nothing but a few prints and a couple CMRRR packets mailed off.  Once JAMS confirms the case, and the attorney has received my filing showing I am claiming their violations (whatever claims you may have against them), then I would email the attorney for a mutual release of all claims.

If, in fact, the court shows this case closed and dismissed, then the proper settlement is just between the parties and not through the court anymore.  This means, all you need is a settlement agreement signed by both parties that says you each agree to a release of ALL claims against the other.  That is a contractual equal to a dismissal with prejudice.  If they tried to sue after that, you bring the contract to court, show that they agreed in writing that there is NO claim they can bring against you and then you get to sue them back for breach of contract and the FDCPA violation.

@fisthardcheese Is there any way to verify officially the case has been dismissed without prejudice by the court? And if my understanding is correct, without prejudice means I can be sued again so I need an agreement to end this for good. So what you are saying makes sense. I see no good reason a JDB attorney would sign a release without a arbitration filling. 

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17 minutes ago, Racinghart03 said:
 
 

@fisthardcheese Is there any way to verify officially the case has been dismissed without prejudice by the court? And if my understanding is correct, without prejudice means I can be sued again so I need an agreement to end this for good. So what you are saying makes sense. I see no good reason a JDB attorney would sign a release without a arbitration filling. 

look up your case on the court's website, or if that is not available, call the Clerk's office and ask if the case is still open or if it is closed.

You must file the arbitration case no matter what, unless you get an agreement with the other side before hand.  Even if the case is closed, you still are under a court order to arbitrate, so I would absolutely not be the party that violates that order.

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24 minutes ago, fisthardcheese said:

look up your case on the court's website, or if that is not available, call the Clerk's office and ask if the case is still open or if it is closed.

You must file the arbitration case no matter what, unless you get an agreement with the other side before hand.  Even if the case is closed, you still are under a court order to arbitrate, so I would absolutely not be the party that violates that order.

@fisthardcheese So just file the Arb and make the offer once that ball is rolling. Makes sense. Thank you!

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@BV80 @BackFromTheDebt @Brotherskeeper   @fisthardcheese  For my Jams filing reason I am going with "FDCPA" violations as this is MY claim and dispute against THEM? in the correct parameters as THEIR complaint against ME was disputed and dismissed without prejudice. The case was stayed pending arb. This make sense? I am confused as to if I am supposed to align my filing with the fact I disputed their suit for the amount/interest blah blah blah of THEIR claim. I think @fisthardcheese already answered this in his extensive arb post but I am just double checking. He stated NEVER make mention of THEIR claim. This is MY claim. Pretty sure I read that correct. Since the JDBs attorney was more at fault for FCDPA Violations than the actual JDB...do I list them in respondent section 2? Or does having them both listed as respondent 1 suffice? 

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8 hours ago, Racinghart03 said:
 

@BV80 @BackFromTheDebt @Brotherskeeper   @fisthardcheese  For my Jams filing reason I am going with "FDCPA" violations as this is MY claim and dispute against THEM? in the correct parameters as THEIR complaint against ME was disputed and dismissed without prejudice. The case was stayed pending arb. This make sense? I am confused as to if I am supposed to align my filing with the fact I disputed their suit for the amount/interest blah blah blah of THEIR claim. I think @fisthardcheese already answered this in his extensive arb post but I am just double checking. He stated NEVER make mention of THEIR claim. This is MY claim. Pretty sure I read that correct. Since the JDBs attorney was more at fault for FCDPA Violations than the actual JDB...do I list them in respondent section 2? Or does having them both listed as respondent 1 suffice? 

Are there any FDCPA violations?  You said there are some, but the JDB attorney is mostly to blame. 

Look at the arbitration agreement.  In SOME agreements, you could file claims against their attorney in JAMS.  In other agreements, you cannot.  If you can, then file the claim against both respondents. I have done that in the past, and that has worked quite nicely for me.  In one case, the attorney settled separately from the creditor, which means I made a profit from that deal.  

But check the arbitration agreement first.  

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21 hours ago, BackFromTheDebt said:

Are there any FDCPA violations?  You said there are some, but the JDB attorney is mostly to blame. 

Look at the arbitration agreement.  In SOME agreements, you could file claims against their attorney in JAMS.  In other agreements, you cannot.  If you can, then file the claim against both respondents. I have done that in the past, and that has worked quite nicely for me.  In one case, the attorney settled separately from the creditor, which means I made a profit from that deal.  

But check the arbitration agreement first.  

@BackFromTheDebt "You may seek arbitration on an individual basis of any claim asserted against you, including a proceeding to collect a debt." This is from the arb agreement. I do not see anything that says an attorney or representative  is off limits. @fisthardcheese suggests using FDCPA violations as grounds for arb, not so much to win, but to get the process going and start the bills flowing. I do feel they have committed at least one, maybe more. I will start to educate myself on the FDCPA. It also states since I am initiating, I pay the 250.00. So that is fine. Since the JDB is most likely to blame like you said, is the claim still against Cavalry? My gut says list cavalry first, and JDB attorney as their rep, and then add the attorney as a second respondent with the same claim or a different one? Thoughts? As @fisthardcheese says make NO mention of the debt....but with a granted order, I need to be sure I file with Jams correctly. My gut says go after Cavalry with a "contract dispute" I could roll with my right to arb being violated after they sued me following an arbitration demand. Hit the attorney for FDCPA violation for filing and pursuing an MSJ when my MTC was already filed and I am sure I can come up with another unfair practice?? My concern is filing with something that has some merit. At some point I will need to tell JAMS what my actual disputes are. @Brotherskeeper I saw in another thread from a year ago you helped someone in this exact situation. Any thoughts by you on this one as well? The judge gave me 30 days to file. So I want to get this out ASAP. I have it set up at the moment as Cavalry as respondent one, Attorney as their rep, and the attorney as respondent 2. There is only one section for the nature of the dispute, so I have breech of contract/FDCPA violations. Breech of contract merit lies on ignoring my arb demand. FDCPA Violation merit will lie in UNFAIR collection practices. Ready to print and send. Just hoping for some feedback. 

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12 hours ago, Racinghart03 said:

My gut says list cavalry first, and JDB attorney as their rep, and then add the attorney as a second respondent with the same claim or a different one? Thoughts?

Don't worry about listing the attorney as a second respondent.  That will just needlessly complicate things for you.  There is enough case law to show that an attorney's actions make the JDB liable for vioaltions that occur.  Don't over thing, you just are doing an initial filing that can be changed after an arbitrator is appointed.  Just list your breech of contract (it's a very weak claim, but you can drop it later like I mentioned) and FDCPA violation. You don't need to go into detail on this initial filing, so leave it at that for now.  You can expand or drop the claims later when you need to.   Most important is to just get it filed.

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12 hours ago, fisthardcheese said:

Don't worry about listing the attorney as a second respondent.  That will just needlessly complicate things for you.  There is enough case law to show that an attorney's actions make the JDB liable for vioaltions that occur.  Don't over thing, you just are doing an initial filing that can be changed after an arbitrator is appointed.  Just list your breech of contract (it's a very weak claim, but you can drop it later like I mentioned) and FDCPA violation. You don't need to go into detail on this initial filing, so leave it at that for now.  You can expand or drop the claims later when you need to.   Most important is to just get it filed.

@fisthardcheeseOn it. Just adjusted what you said,  printed, signed everything and will get it all out CMRRR today. Since the agreement states I file I pay, I am just going to put the check in there. UPDATE. Bird is in flight. Do I/Should I upload a copy of the JAMS filing to the docket? Or is that not necessary?

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5 hours ago, Racinghart03 said:

Do I/Should I upload a copy of the JAMS filing to the docket? Or is that not necessary?

I would hold off.

It has never been clear to me, is the court case still open and just stayed, or was it fully dismissed?

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Then unless something crazy happens, I don't see a need to contact or file anything with the court any more.  You have filed and complied with this court order, your part is done and the case is closed.  Now you just wait to see what happens with the arbitration case.

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@fisthardcheese I am a little nervous about it all. I am hoping they agree to a mutual walkaway with prejudice and we can be done. I have started to watch some videos and educate myself on arbitration just in case.  Guess I just have to let it go for now and see how it plays out. Thanks for everything again. 

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On 10/7/2020 at 3:57 PM, Racinghart03 said:

I have started to watch some videos and educate myself on arbitration just in case.

This sounds dangerous 😆

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On 10/14/2020 at 9:15 PM, fisthardcheese said:

I hope so too as I bet it is terrible information

@fisthardcheese Should I seek comfort in the fact that there is not an overwhelming amount of actual arbitration discussion on this forum and most of what is talked about is the fact that an arbitration case has been established and how to use that fact to get a more desirable outcome? It seems the mere fact that a case EXISTS is the means to the end and using its existence to drain the JDB of funds is the name of the game. I get an overwhelming sense that they are REALLY lazy and just try to get the low hanging fruit. Obviously for someone who has never been through something like this, even an arb hearing and or process can be unsettling. Not sure if it is a coincidence, but Cavalry is no longer on my credit report. It came off last week. Thought that was interesting. 

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@fisthardcheese @BV80 @Brotherskeeper @BackFromTheDebt So I just got an email confirmation from JAMS that they received my arb paperwork and that a caseworker would be reaching out in the near future with the next steps. I provided JAMS with the email address for the JDB as it was provided to me in the court communications so it went to them as well. Is now a good time to reply with something along the lines of an offer for a mutual walkaway with prejudice in lieu of taking the case further? Or should I wait until I get a case number and all that jazz?

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@fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper JDB attorney has reached out via email and asked if I would be interested in settling this matter. So kind of them. Do I ask what they propose or hit them with the whole gammit? Mutual walkaway from all current and future claims, and nothing reported to credit beaurus? They are awaiting my response. I don't want to say the wrong thing and Jack this up at this stage. Anything else I want in the agreement?

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1 hour ago, Racinghart03 said:

@fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper JDB attorney has reached out via email and asked if I would be interested in settling this matter. So kind of them. Do I ask what they propose or hit them with the whole gammit? Mutual walkaway from all current and future claims, and nothing reported to credit beaurus? They are awaiting my response. I don't want to say the wrong thing and Jack this up at this stage. Anything else I want in the agreement?

That is a nice starting point.

You need to include that they are not permitted to sell the debt to anyone else.  Try to get an indemnification clause, so if anyone sues for any portion of the debt in the future, they will have to pay your costs.  

I would be extremely surprised if you get no reporting to CRAs.  However, if they will still report, it MUST be marked as paid.  They will almost certainly mark it as paid for less than the full amount.  This is standard.  

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2 minutes ago, BackFromTheDebt said:

That is a nice starting point.

You need to include that they are not permitted to sell the debt to anyone else.  Try to get an indemnification clause, so if anyone sues for any portion of the debt in the future, they will have to pay your costs.  

I would be extremely surprised if you get no reporting to CRAs.  However, if they will still report, it MUST be marked as paid.  They will almost certainly mark it as paid for less than the full amount.  This is standard.  

@BackFromTheDebt So I should just hit them right from the gate and tell them I am willing to drop any and all claims current and future for the same in the the form of a mutual walkaway with prejudice? Obviously I wouldn't sign anything without letting you guys know what's in the agreement. I will be sure to make sure the agreement contains the things you mention as well. The communication was from the director of collections at the JDBs office. It was just interesting that the collections account fell off my report shortly after the MTC. Could just be coincidence. 

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@fisthardcheese @BV80 @BackFromTheDebt @Brotherskeeper So after the ultra polite director of collections from the JDBs attorneys office reached out via email asking if I would be interested in settling, and if there was anything he could do to help. Not being sarcastic there, he was nice as pie....So I hit him with the concept of my dropping all claims against them in exchange for a release of any claims they have against me FOREVER. If they take me up on it, I will drill down the details of the agreement later. I have not heard back as of yet (sent the email Friday) BUT JAMS did reach out requesting the JDBS 1500.00. I paid my 250.00. So I guess its tread water time to see what happens?? I was cc'd on the email from JAMS for the missing $$ from the JDB so I CCd all (so that the JDB would see the my correspondence) and verified my check was in their hands. Just a show of my full commitment to the case. Curious to see what happens next. I am kind of at a loss on what to do if the arbitration continues. Can not find much info on what to do in that scenario. Circling back to my earlier post, hopefully that is because it all starts to fall apart for the JDB now??? 

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UPDATE: this just came from the Attorney...

Good Afternoon,

 

"Would you consider placing a stop-payment on your $250.00 check that you sent to the court for filing, in return for a Mutual Release Agreement?"

I think I will tell them I will stay the case for a short period of time on the grounds of an agreement. Not sure about cancelling the check. Thoughts?

 

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