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Cavalry SPV/Javitch block lawsuit Texas: Should I request arbitration or fight in court


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Cavalry SPV is using Javtich Block to sue me in "Justice Court" on a roughly $9,800 dollar debt. I filed a basic answer using the solosuit template that denied all allegations. I called the court before filing my answer to make sure I could still file a motion to arbitrate after the initial answer filing and was told yes. I just got a letter from the Justice of the peace notifying me of my hearing on Nov 18. Should I file a motion to arbitrate, or try discovery? Javitch block included nothing with the filing accept for a copy of a my citi card account(attached) summary which included my name and the last 4 digits of my account number. No affidavit, no nothing... 

Also, In the title of the summons it is Listed as Calvary SPV I llc Vs Me, but the rest of the documents and the next page it is listed as Cavalry SPV I Vs Me; Maybe just a court mistake, is this something I need to worry about or could use as leverage? 

 

Lastly, I received a letter from Javitch block after filing my answer that was a "compromise letter" saying to call if I wanted to discuss settlement. I offered them 50% right before filing my answer and they came back with some way higher number. Not sure if this letter matters just wanted to include everything. 

I am worried that on an amount this large they will arbitrate, but I'm also worried if I do discovery it will eliminate my chances to arbitrate and they may produce the doc's.  Any advice on the best next step would be appreciated.

 

1. Who is the named plaintiff in the suit? ----Calvary spv

2. What is the name of the law firm handling the suit? (should be listed at the top of the complaint.) -----Javitch Block

3. How much are you being sued for?------- Around $9,800

4. Who is the original creditor? (if not the Plaintiff) -----Citibank NA AAdvantage

5. How do you know you are being sued? (You were served, right?)----- served

6. How were you served? (Mail, In person, Notice on door)----in person

7. Was the service legal as required by your state?----- yes

8. What was your correspondence (if any) with the people suing you before you think you were being sued? - Tried to settle but they were nuts, I never admitted to debt.

9. What state and county do you live in? ------ TX

 

10. When is the last time you paid on this account? (looking to establish if you are outside of the statute of limitations)--- 2020(to citibank)

11. When did you open the account (looking to establish what card agreement may be applicable)?  - 2018- Contract includes arbitration clause

12.  What is the SOL on the debt? To find out: ---3 years

13. What is the status of your case? ----I responded with objections and was just given a hearing date. 

14. Have you disputed the debt with the credit bureaus? --- No

15. Did you request debt validation before the suit was filed?--- No

16. What evidence did they send with the summons? ----- Literally just a picture of my account balance from Citi card( pic attached)

17.  How did you find out about this site? ---- Google

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@texasrockerseems to have a good handle on this question. The current trend seems to favor arbitration but Citibank may have a few wrinkles in their credit card agreement for arbitration in various courts. Find your agreement online and read through that provision. Should help you decide. It's hard to win in civil court anymore. I also have a pending case with Citibank & Cavalry.

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My contract does have the small claims court cut out, but as @texasrocker has stated, that was abolished. One small problem Is I didn't include the arbitration route in my answer to the court, just a general Denial. However, before filing my answer I did call the clerk and verify I could still file a motion to arbitrate and she said yes I could up until the hearing date. 

Could I amend my response? Or should I just go ahead and file a MTC arbitration and include the clause in the agreement? 

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5 hours ago, txrider1 said:

I am worried that on an amount this large they will arbitrate, but I'm also worried if I do discovery it will eliminate my chances to arbitrate and they may produce the doc's.  Any advice on the best next step would be appreciated.

IMO, Your Arb clause states they will not pursue their arb fees but AAA may award them if your claim is frivolous (has happen before). I would file MTC but also try to get judge to have them file the case with AAA.  In this way you don't have a claim to be found to be frivolous. See Capital One Bank (USA) N.A. v, Rotman, 2012-Ohio-480 for case law to have JDB file with AAA. Whatever JDB has as documents they will have in both court or in arbitration but your odds of getting a better settlement lied in Arbitration. 

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