sperez

In CA, Sued by Cavalry as Assignee of Citibank NA (Just need a bit of direction!)

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So first off, a quick thank you to ASTMedic, HomelessInCalifornia, calawyer, BV80, RyanEX, Harry Seaward, LoveIsPower, sadinca and the many others that I have missed! Your posts/threads/help are immeasurable!

 

Just had a quick question in regards to me case which went almost exactly like NetworkEngineer ( https://www.creditinfocenter.com/community/topic/331706-california-sued-by-calvary-court-vs-arbitration/ ). 

Summary: Cavalry sued. I filed a MTC Arbitration that was granted and then proceeded to open an Arbitration claim (paid the $200 and they got notice and a deadline to pay).  Now, I sent a counteroffer of mutual dismissal with prejudice (and set a expiration date as the same date as the AAA deadline to pay).  However, per the court docket, they have already dismissed without prejudice. Should I be filing a Memorandum of Costs? Can I even add the arbitration fee that I paid? 

Also, the letter from AAA stated: "It should be noted that the consumer’s satisfaction of the filing requirements triggers the business’ obligation to promptly pay its share of the filing fees under the rules and the business may owe all or a portion of the filing fees even if the matter is settled or withdrawn. The AAA will refund any overpayments received from the consumer with the filing."

Does this mean they're still on the hook for the filing fee since I already paid my portion and haven't dismissed the arbitration claim?

Any help would be appreciated. Thank you!

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19 hours ago, sperez said:

Hi, 

Just quick update: the JDB paid the $2,800 eventhough the debt was less than $1,500.  How often does this actually happen? Any help would be appreciated.

Interesting.  This is the first I've seen that Cavalry has paid arb fees.  There have been cases where PRA has done so, and one where they went to the bitter end and had the arb fees charged to the consumer in AAA.  Not a good trend . . . 

@fisthardcheese  Any opinions here?

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17 hours ago, sperez said:

Huh, that's not too great to hear.  For the one where they went to the bitter end, what was the debt amount? It just seems like an odd case to decide to take to the end with the amount in controversy.

The debt amount was, I believe, around $6800.  The poster in question was @catlady22

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19 hours ago, sperez said:

It just seems like an odd case to decide to take to the end with the amount in controversy.

They took it to the end on the basis that the demand for arbitration was frivolous.  The arbitrator agreed and awarded them the debt and the arbitration costs.  

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On 12/14/2020 at 8:13 PM, sperez said:

Hi, 

Just quick update: the JDB paid the $2,800 eventhough the debt was less than $1,500.  How often does this actually happen? Any help would be appreciated.

That was just their first bill, correct? 

Also, in CA you are not even required to pay the $200 as far as I understand.  I do believe CA has a state law saying consumers don't pay a penny in arbitration.  Did they respond to your settlement offer at all?  They will be getting another bill once AAA name's the arbitrator to your case. The arbitrator will set up an initial phone conference to set dates for discovery and the hearing.  The call is key.  You should be asking for time to conduct discovery and ask the JDB to provide the name of their witness they will be presenting (they likely aren't planning on bringing one, so it will throw them off a bit).  90% of my past arbitration cases all settled after this phone conference.  After the call, send another settlement offer.  It is very likely that this attorney paid the initial fee thinking that this was the only cost of the arbitration and will be surprised to see a new bill after or just before this phone call.  They will start to see what the final cost of this will be come and may wish to settle instead.

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Thank you for the reply @fisthardcheese

Yes, that was the first bill. However, they never responded to my settlement offer and instead just moved to dismiss the case (without prejudice tho). Since the arbitration was only opened due to Court's ruling, I ended up withdrawing my arbitration case.  I understand that this dismissal still leaves them open to suing me once more before the SOL.  However, the SOL is so close, I'm just gonna keep an eye out on it and hope they don't re-file.

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On 1/4/2021 at 10:24 PM, sperez said:

Thank you for the reply @fisthardcheese

Yes, that was the first bill. However, they never responded to my settlement offer and instead just moved to dismiss the case (without prejudice tho). Since the arbitration was only opened due to Court's ruling, I ended up withdrawing my arbitration case.  I understand that this dismissal still leaves them open to suing me once more before the SOL.  However, the SOL is so close, I'm just gonna keep an eye out on it and hope they don't re-file.

So you had a granted MTC in the court, yet the Plaintiff just dismissed the case without prejudice anyway?

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Hi,

Sorry, @fisthardcheese. I've been MIA but I did want to close this out in case there are lurkers who want to know how this ended.

Yes, they went ahead and dismissed without prejudice.  I forgot to mention that prior to the dismissal but a week after my MTC was granted, they filed a Ex Parte Application to Schedule a Mandatory Settlement Conference which I think was odd as the case had now been stayed due to the MTC (and had no basis to even bring this up as an Ex Parte). I still filed an opposition just in case, but the judge told the JDB's attorney that she was going to deny the Ex Parte regardless of what argument they used. 

Either way, I got the conformed dismissal and haven't heard from them. I'll keep an eye out since SOL isn't up for another year.

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