Boojies

2 Calvary SPV and Citi CC Lawsuit in Arkansas

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So I have 2 lawsuits, both are Calvary and both are from Citi credit cards, one is 987 the other is around 2700. I just wanted to create a post in case I get into some trouble and need additional assistance because you guys are awesome! I have spent hours reading as much as I could on here and believe I understand the process a little. So I have only been served one lawsuit the 987 amount. I will attach below. I just completed and filed my answers today in person. The Clerk was supper awesome and made sure everything was formatted right.  I filed my Motion for arbitration with my answers as well. I just used the format from this forum and updated to reflect my credit card arbitration information and took out number 2. I then mailed a copy of both to the law firm. If anybody would like to look at my answers or MTA I will gladly upload as well. Wish me the best and I will keep everybody updated until the end. Thank you all for this great info!

 

Edited by Boojies
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The Law Office being used just called me and ask to talk, I explained I am busy working right now. Is it a good or bad idea to call back and if I do call back what sort of things do I want or need to avoid. Thanks for any help.

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If you are representing yourself then the court expects you to talk to the opposing counsel as part of the litigation process.  You call and find out what they were reaching out about.  LISTEN do NOT talk.  If they ask what you want for right now you want private contractual arbitration in AAA as per the card agreement.  Say nothing else.  If they want to discuss settlement then unless you want that I would state I am still searching for records related to this as they have provided none but their own forms generated for their suit nothing from an actual creditor therefore I cannot discuss any options at this time. If they offer to walk away:  take it.

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You could ask them to communicate by email.  That way you have a record of the communication, and you won't be pressured to say anything that might hurt your position.  You will have time to think about your responses.

Note that if you are answering the lawsuit as a pro se, you do need to be able to communicate with their law firm.

 

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It was them wanting to reach a settlement on both lawsuits, they offered me half I advised I am not currently in a position to accept any offer at this time and will have to review my records for any consideration. She said she pulled the servicing of my 2nd lawsuit as well. They are not wanting Arbitration at all. To be honest I'm ok with settling just to be done with it but I'm unsure of a good counter. Should I just request dismissal without prejudice and see what they say to that? I have not completed the 250 arbitration fee yet either so honestly if I can get out of this with less than the 250 I would feel like mission accomplished. Any thoughts?

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In order to get a good settlement, you need leverage over them.  Violations of collection laws are one type of leverage.  Arbitration is another.

So they don't want arbitration.  That is not surprising.  But what they want is immaterial if the OC's agreement contains an arb clause and you file the MTC Arb, and the court grants it.  Then you have them over the barrel.  Yes, you may have to pay the JAMS fee, but I doubt if you can settle either debt for less than $250 without using arb.

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Understood I will offer to settle only for dismissal with prejudice or proceed with arbitration. Honestly I have no case but seems that most just stop once arbitration begins, a question about arbitration will I need to separate arbitration cases for my two debts?

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16 hours ago, Boojies said:

Understood I will offer to settle only for dismissal with prejudice or proceed with arbitration. Honestly I have no case but seems that most just stop once arbitration begins, a question about arbitration will I need to separate arbitration cases for my two debts?

Not sure about that one.  Having two cases makes it more expensive for them, but also for you.  It's possible the arb forum, either sua sponte or on the motion of the JDB, might combine the cases.  @fisthardcheese, what do you think?

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No worries just the threat forced them to settle didn't get out free but I'm happy with my results they agreed and I came out satisfied. This site and the information I have been given has been so helpful. The Lawyer said she will get the paperwork mailed to me and they agreed to dismiss both lawsuits with prejudice. So now I just wait on the paperwork to confirm the terms are correct, submit the agreed upon payment and I should be good. If anyone has any questions or wants to look at anything I submitted let me know. I'm happy to help in anyway I can. Thank you all once again!

Edited by Boojies
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On 2/12/2021 at 2:31 PM, nobk4me said:

Not sure about that one.  Having two cases makes it more expensive for them, but also for you.  It's possible the arb forum, either sua sponte or on the motion of the JDB, might combine the cases.  @fisthardcheese, what do you think?

I see that OP has a settlement they are happy with, but for anyone else looking for information:  It is likely the court could allow two cases like this to be combined in arbitration.  I would argue against it using the language in the arbitration clause about cases must remain on an individual basis.  I would state that if I can not combine cases with other defendants, then it's the same principal of them buying bulk cases and combining accounts into one case.  Its likely to fail, as I doubt there is good case law to back that up as being the same thing, but it's a shot I would take anyway since we're already in an MTC hearing at that point as it is.   But additionally, when you have 2 accounts with the amounts OP has here; in this case a combined total of about $3700, having those accounts combined into one JAMS case is still extremely favorable to a defendant.  Anything under $5k total is going to be a much bigger net loss to a JDB in arbitration.  Even up to $10k and there is a high chance they are only coming out even with the costs for a win.  So having accounts combined with lower amounts is not a big detriment.  But I'd try to have them remain in separate arbitration as much as I could anyway.

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@nobk4me I was surprised as well since the judge hadn't actually ruled on the motion yet. But I will take it lol. Also good information to know @firsthardcheese . When I receive my final forms I will let you guys know as well.

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