Being sued by Cavalry SPV I, LLC in Ohio

[MikeS]

I knew it was going to happen eventually as I had sent my DV letter to them and got their verification back. 

Anyway, being sued by Cavalry SPV in Ohio for just over $2,100 on a Citi bank card. I've not been served yet but I know its coming because the "ambulance chaser" letters came in the mail. I looked myself up in the course records and found the complaint. I've been through this before although I wrote my answer letter last time before I found this amazing site.

The complaint contains the typical. A few statements, the front page of a Bill of Sale and the typical cheesy excel table that lists your name and balance. Ironically they have the account number redacted but not the last 4 of my SSN.

I'm attaching the complaint, my answer and my MTC which I will file once I have been properly served. My answer is basically the same as it was on previous suits, which I assume wasnt a problem since I was able to get the cases to arb. I feel pretty good about my MTC too but as always, I would appreciate the thoughts and opinions of this great community.

Answer Letter - Cavalry SPV_Redacted.pdf Cavalry SPV SMC Complaint_Redacted.pdf Citi_Diamond_Preferred_Credit_Card_Agreement Exhibit A.pdf MTC Arb - Cavalry SPV_Redacted.pdf

[BackFromTheDebt]

Does the small claims exemption apply?

What kind of court is this?

[MikeS]

3 minutes ago, BackFromTheDebt said:

Does the small claims exemption apply?

What kind of court is this?

Based on my understanding of municipal courts in Ohio, the small claims exemption does not apply.

 

R.C. 1925.02 Jurisdiction: 

(a) A small claims division does not have jurisdiction in any of the following:

(ii) Actions on any claim brought by an assignee or agent, except a claim to recover taxes that is filed by any authorized employee of a political subdivision or any authorized officer or employee of the state or a claim filed by a person designated under section 1925.18 of the Revised Code to act as the representative of a prosecuting attorney;

[BackFromTheDebt]

Then you know what to do.

[MikeS]

2 hours ago, BackFromTheDebt said:

 

Then you know what to do.

Last time I shot for the moon and went for a dismissal based on jurisdiction. I got denied but they revised it into compelling arb. This time I'm just going for the arb request since its clear they didnt bite last time. Am i wording this first part right? Specifically "stayed pending arbitration".

The plaintiff's complaint should be stayed pending arbitration for this Court's lack of subject matter jurisdiction to render judgment on the merits. Defendant moves this court to COMPEL ARBITRATION based on the terms and conditions of the Credit Card Agreement (see Defense Exhibit A, attached).

[MikeS]

Those who have Ohio specific knowledge I have a question.

I filed my MTC on the 15th of September. Ohio Civil Rule 6 (C)(1) states: "Responses to a written motion, other than motions for summary judgment, may be served within fourteen days after service of the motion."

If I allow for 3 days of service and then 14 days for their response, they would need to file a response by Friday October 2nd.

My question is, if they have not responded by this date and the Judge doesnt just make a ruling on my motion can I/Should I make a second motion for dismissal citing Ohio Civil Rule 41 (B)(1) Failure to Prosecute which reads: "Where the plaintiff fails to prosecute, or comply with these rules or any court order, the court upon motion of a defendant or on its own motion may, after notice to the plaintiff's counsel, dismiss an action or claim."

Is Plaintiff not following the rules (OCR 6C1) and/or failing to prosecute by missing the deadline for responses? I can bet the judge wouldnt grant me an hour of leniency if I missed the deadline to file my answer.

[nobk4me]

I would not file a MTD.  If they fail to respond to your MTC then you should win by default.  Your motion should be automatically granted.  But don't be surprised if the court bends over backward to give them a chance to be heard.  

I had an almost identical scenario.  The court scheduled a motion hearing even though the JDB failed to respond.  But I won in the end, motion was granted. 

You just need to be patient.  You will win this.

[MikeS]

On 9/23/2020 at 6:50 PM, nobk4me said:

I would not file a MTD.  If they fail to respond to your MTC then you should win by default.  Your motion should be automatically granted.  But don't be surprised if the court bends over backward to give them a chance to be heard.  

I had an almost identical scenario.  The court scheduled a motion hearing even though the JDB failed to respond.  But I won in the end, motion was granted. 

You just need to be patient.  You will win this.

On the last day for the JDB to respond at the close of business the magistrates decision was uploaded to the docket. The recommendation is for the trial to be stayed pending arbitration. Parties are required to cooperate to commence said arbitration and provide proof to the court that arbitration has been properly commenced within 30 days.

The JDB attorney either didnt pay attention to my motion or didnt care. Should I file for arb, make no extra contact with the attorney and see if they just dont pay their share of the deposit by the deadline and go back to the court asking for dismissal based on their default of the judgement or would it still be better to be proactive and attempt to contact their attorney to try for a mutual release?

Thank you to everyone here for the help with these.

[nobk4me]

The court wants you to 1) cooperate; and 2) commence arb.  So I would contact the JDB attorney and seek mutual dismissal.  If they don't agree,  then I would file in arb. And be ready to provide proof of initiation to the court.

[MikeS]

15 hours ago, nobk4me said:

The court wants you to 1) cooperate; and 2) commence arb.  So I would contact the JDB attorney and seek mutual dismissal.  If they don't agree,  then I would file in arb. And be ready to provide proof of initiation to the court.

I will do that. Thank you. I suppose after I file proof that I filed, I can go back to the court later to seek dismissal if the JDB does not pay the arb fees.

[Racinghart03]

On 10/3/2020 at 10:12 AM, MikeS said:

I will do that. Thank you. I suppose after I file proof that I filed, I can go back to the court later to seek dismissal if the JDB does not pay the arb fees.

Just make sure your arb clause says THEY pay regardless of who initiates. Mine says I file, I pay, they file, they pay. My banner JDB attorney ignored my MTC but then filed for an MSJ. Gotta love them! 

[MikeS]

On 10/5/2020 at 1:59 PM, Racinghart03 said:

Just make sure your arb clause says THEY pay regardless of who initiates. Mine says I file, I pay, they file, they pay. My banner JDB attorney ignored my MTC but then filed for an MSJ. Gotta love them! 

It's a Citi Bank card. The clause says the business will only pay my portion of filing fees if the arbitration is not related to debt collection. I emailed the attorney of the JDB today about a mutual release. If he ignores me, I will eventually have to file for arb to satisfy the court judgement. After that, I can continue to attempt contacts to negotiate a mutual release while waiting to see if they decide not to pay the arb fees. If they dont pay, I can go back to the court with evidence that they did not cooperate in arbitration and ask for a dismissal with prejudice.