Pam1327 Posted September 22, 2020 Report Share Posted September 22, 2020 Filed the MTC against Cavalry (Originally Syncrony debt of $1315.00) Do I certify mail a copy to the JDB’s attorney? Or do they get it thru court? Do I go ahead and file AAA arbitration? Or wait for the next court date? Quote Link to comment Share on other sites More sharing options...
nobk4me Posted September 22, 2020 Report Share Posted September 22, 2020 Send it to the JDB's attorney. Always send a copy of anything you file with the court to the plaintiff's counsel. Wait for the court to rule on your motion before filing in arb. And since the OC is Synchrony, JAMS should be available. Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 23, 2020 Author Report Share Posted September 23, 2020 When will I know the ruling? My next court date is a trial. JAMS or AAA are available for the arbitration. Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 23, 2020 Author Report Share Posted September 23, 2020 It’s me again. Just got notification the JDB attorney filed a dismissal with 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. Quote Link to comment Share on other sites More sharing options...
nobk4me Posted September 23, 2020 Report Share Posted September 23, 2020 Great news. But you must mean without prejudice, if they could file again. They probably won't, but if they do just do the same strategy, answer and file the MTC Arb again. Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 24, 2020 Author Report Share Posted September 24, 2020 Ahh. Yes, sorry about that typo...it was without prejudice. It makes me wonder if they dismissed because I filed the MTC or b/c a trial was scheduled? Seems so quick for them to file a dismissal, however, I’m not complaining. Thank you again for your help! I really appreciate it. If they file again, will it be the same way? Or can they somehow file in a different court where I can’t submit an answer and MTC? I hope I’m making sense? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted September 24, 2020 Report Share Posted September 24, 2020 If they refile, it must be in a court with jurisdiction. Which means probably the same court, unless you move. The secret courts where you had no rights were gotten rid of over a decade ago. (NAF, which was a scam arbitration that quickly and cheaply rubber stamped the creditors). Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 24, 2020 Author Report Share Posted September 24, 2020 Thanks for the info. I’ve learned so much on this forum! I was looking at some paperwork. Cavalry originally filed the suit on 11/22/2019. I wasn’t served until 5/23/2020. From what I’ve read, with it being dismissed without prejudice, that is like they basically never filed the suit? So, if they try to refile, wouldn’t they have to comply with the SOL? If so, the SOL would have ran out on 5/20/2020 (it’s 5 years in Missouri from the last payment made). At that point, couldn’t I request a dismissal WITH prejudice due to the SOL? Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted September 24, 2020 Report Share Posted September 24, 2020 1 hour ago, Pam1327 said: Thanks for the info. I’ve learned so much on this forum! I was looking at some paperwork. Cavalry originally filed the suit on 11/22/2019. I wasn’t served until 5/23/2020. From what I’ve read, with it being dismissed without prejudice, that is like they basically never filed the suit? So, if they try to refile, wouldn’t they have to comply with the SOL? If so, the SOL would have ran out on 5/20/2020 (it’s 5 years in Missouri from the last payment made). At that point, couldn’t I request a dismissal WITH prejudice due to the SOL? It’s not quite that simple. At the time the case was dismissed, it was an active case with the SOL tolled. Many jurisdictions still allow a window for which they could refile the case. I don’t know about your jurisdiction. In a nutshell, you have a victory. They rarely refile, and they may not even be able to refile except for a certain window, and they know you know how to beat them. This is like being up by 4 touchdowns inside the 2 minute warning. Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 24, 2020 Author Report Share Posted September 24, 2020 I was just trying to prepare for if they do refile. Those odds sound pretty good to me. I’ll just keep my paperwork and let it rest for now then. Thank you again for all the help! Have a great day! Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted September 24, 2020 Report Share Posted September 24, 2020 3 hours ago, Pam1327 said: I was just trying to prepare for if they do refile. Those odds sound pretty good to me. I’ll just keep my paperwork and let it rest for now then. Thank you again for all the help! Have a great day! Yes. Keep your papers longer than you think you need to. I had situations years and years afterwards where I had to prove I didn’t owe money on the debts for which I had been sued. The paperwork was quite valuable. I had other cases where debts I thought had been forgotten about came back to haunt me just before the deadline. Having the paperwork saved me on two arbitrations. 1 Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 25, 2020 Author Report Share Posted September 25, 2020 One more thing... I filed the MTC on 09/22. Cavalry filed a dismissal on 09/23. Do I still need to send a copy of the MTC to them? I called to confirm the dismissal with the court today and the clerk told me it was correct. Quote Link to comment Share on other sites More sharing options...
BackFromTheDebt Posted September 25, 2020 Report Share Posted September 25, 2020 Send it. That way you have all your i’s dotted and t’s crossed. If they filed to dismiss even before getting the MTC, then the chances of them re-filing are extremely low. Sending the MTC takes away any possible motivation for re-filing. Quote Link to comment Share on other sites More sharing options...
Pam1327 Posted September 25, 2020 Author Report Share Posted September 25, 2020 Good deal! I was surprised they filed the dismissal. Especially before even receiving the MTC. I also had a proposed order along with the MTC. I will send it today certified. The lawyer Cavalry had was from near the town I live in. The law firm representing Cavalry is from about 5 hours from me. She even tried to say we were there for a “motion to default judgment”. I quickly stated that I had appeared at the prior court date and it had been continued. The judge also agreed with my statement and she brought up the MTC to the lawyer. Do these “rent-a-lawyers” actually try this sneaky stuff all the time? I didn’t even have the same lawyer each of the times I went to court. Quote Link to comment Share on other sites More sharing options...
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