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In Missouri being sued by Cavalry


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Help! Being sued in Missouri by Cavalry. They purchased the debt from Syncrony Bank. The collection amount is $1400. I was served and have appeared in court. The attorney they used was late and I assume wouldn’t have even showed had I not appeared. Someone called to verify I was there and spoke to the court reporter. Pathetic!

The SOL is 5 years in Missouri. The suit was filed on 11/2019 and I was not served until 5/2020! I called multiple times to try and pickup the paperwork, but my local sheriffs office never received it, then I had some weirdo show up to serve me. 

The SOL would have ran out in 12/2019.

Next court date is a trial setting. The judge first tried to give me info on filing bankruptcy or settling. I politely declined. 

Any help in how to proceed from this point would be greatly appreciated! Thanks!

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Most of what you gave us is irrelevant.  They got the suit in under the wire.  That's all that matters.

Fortunately, Synchronicity has a fantastic arbitration provision.  I hope it isn't too late, since you have already appeared in court.  Maybe it is, maybe it isn't.

You should file an MTC.  If you have already answered, amend your answer to include an affirmative defense of improper venue.  

At this point there are several possibilities:

1. Your MTC is granted.  You file in arbitration, they fold, you win.

2. Your MTC is NOT granted, because the judge decides you are too late.  You lose, but may have a way to appeal.  I don't know the appeal process in Missouri.  

3. Your MTC is granted.  You file in arbitration, they continue with arbitration (unlikely, but this happens on occasion) and you lose.  '


If you do NOT file an MTC and amend your answer to include an affirmative defense of improper venue, you will almost certainly lose.  

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I have not filed an answer. I have just appeared as stated in the original paperwork. The judge then set a trial setting conference. That is all that has happened thus far. 

Do I file an answer now or is it to late? If too late, do I go ahead with the Motion to Compel? Is there a standard format that? 

Thank you for your help. I have never been thru anything like this before. I know nothing of the court process other than pleading guilty to a speeding ticket. Thank you!

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I know absolutely nothing about Missouri rules I’d civil procedure for small claims court.  You need to bring up Google and look it up.  Read as much as you can. 

I don’t know if anyone else on this forum is from Missouri. 

The Rules of Civl Procedure won’t specifically mention arbitration.  They might mention answering a claim, and they might mention filing motions. 

In a nutshell, you need to file a Motion To Compel arbitration.  

Get your credit agreement from the CFPB web site.  Download it.  Read the arbitration provision. 

Look up the arbitration threads on this forum, mostly those by @fisthardcheese  

File your MTC in accordance with your court’s Rules of Civil Procedure.  

At that point, you usually win. 

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55 minutes ago, Pam1327 said:

This arbitration agreement is between me and Syncrony. With Cavalry buying it, how can we arbitrate? Sorry to seem clueless, I just have never experienced this before. Thanks!

When Calvary bought the loan from Sychrony, they bought the contract as well.  All the terms of the contract apply to the current owner of the contract.  Since the contract has an arbitration provision, Calvary is contractually bound by the arbitration provision.  Sometimes junk debt buyers will claim the arbitration agreement doesn't apply to them, in order to try to trick unsophisticated consumers.  Either ALL the contract applies to them, or NONE.  If they bring up that argument, point that out to the judge.  

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I made several copies of the MTC. Do I just send one of those? 

Also, the Judge hasn’t approved my MTC. My next court date says it’s a Trial. I know nothing in regards to court. When will the Judge rule on the MTC? How do I clarify if the Trial is for the MTC or the original lawsuit? 

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  • 2 weeks later...
On 9/23/2020 at 6:22 PM, Pam1327 said:

It’s me again. Just got notification the JDB attorney filed a dismissal without prejudice. I know that means they can try again. I literally had court yesterday and the judge didn’t even rule on the MTC yet. 

Not following your statement. Who sent you the notification? I would double check with the court that the case has actually been dismissed with prejudice. From my understanding without prejudice means they CAN sue you again. What you need to seal the deal is an agreement from the JDB stating there is a mutual walkway with prejudice. As @BackFromTheDebt stated, look up @fisthardcheese and his step by step on the whole process. Follow it to a T. You will be in better shape. 

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