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Being sued by Cavalry SPV in CA


magali
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1 hour ago, magali said:

Maybe the rent-a-lawyer will simply get me to sign on some mutual release agreement and present to the judge. 

That would be great.  Just remember if your there nothing bad will come out of the hearing.  

More than likely you will get your MTC or they will agree to arbitrate.  You can then continue to settle and/or file for arbitration. 

 

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5 hours ago, magali said:

 

 

I will be honest with you, I don't think I can say all that. I think I would stutter or speak super fast, which might frustrate the judge. Besides, the room will be full of people. I will write everything down and maybe say it if the judge seems nice - when I went there for a fee waiver hearing, the judge seemed approachable.

Maybe the rent-a-lawyer will simply get me to sign on some mutual release agreement and present to the judge. 

I get super nervous too. So do a lot of people.  The judges here seem to know that and they're very patient with people. I can't say that's how every judge everywhere is, but it's been my experience.

I did an internship when I was in college with the state supreme court in their IT dept. I've been to traffic court too many times to count.  I've been in criminal court with friends & family many times.  And, I've now made it through asking for arbitration 5 times.

I still have what most people would consider a mild panic attack when I go to court.  My heart races, I can't slow it down, I sit there taking deep breaths.  And, when I get up in front of the judge, no one's ever unkind to me - not even the opposing lawyer.  They're surprisingly pleasant.  For us, it's very personal.  For them, it's just business. 

Just saying ... you can do this. 

 

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  • 2 weeks later...

Well, the rent-a-lawyer didn't have anything to say and the judge simply granted my motion!

 

I was told that I would receive something in the mail. Cavalry hasn't contacted me about it. I am surprised they are ok with going forward with this. I will review the thread about filing for arbitration.

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45 minutes ago, magali said:

Well, the rent-a-lawyer didn't have anything to say and the judge simply granted my motion!

 

I was told that I would receive something in the mail. Cavalry hasn't contacted me about it. I am surprised they are ok with going forward with this. I will review the thread about filing for arbitration.

Something I did that worked once:

Fill out the forms.  File by mail instead of electronically so you don’t pay up front.  Send the copy to the law firm.  
 

Immediately send an offer for a mutual dismissal with prejudice.  There needs to be an end date for the offer.  
 

If they agree, great.  If not, pay the fees.  
 

I tried this 4 times. 
Once they agreed and we signed off (two accounts with the same OC and same firm)

Second time Cap 1 just ignored me and the case was eventually dismissed w/o prejudice due to inactivity. 
 

Third and Fourth time were Discover and AmEx.  They rejected, and eventually both were settled much later on.  

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On 5/11/2022 at 12:47 PM, BackFromTheDebt said:

Something I did that worked once:

Fill out the forms.  File by mail instead of electronically so you don’t pay up front.  Send the copy to the law firm.  
 

Immediately send an offer for a mutual dismissal with prejudice.  There needs to be an end date for the offer.  
 

If they agree, great.  If not, pay the fees.  
 

I tried this 4 times. 
Once they agreed and we signed off (two accounts with the same OC and same firm)

Second time Cap 1 just ignored me and the case was eventually dismissed w/o prejudice due to inactivity. 
 

Third and Fourth time were Discover and AmEx.  They rejected, and eventually both were settled much later on.  

I filed electronically and I sent the copies to the lawyer's office. Did you wait until they received the mail to send an offer for a mutual dismissal? Did you send it via mail or email?

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  • 1 month later...

UPDATE:

 

The law firm contacted me about a mutual release, to dismiss with prejudice. It has been signed and done with.

But ADR is requesting their fee to be paid. The arbitration agreement does say that they have to pay, but I am unsure if my mutual release means I have to incur the costs for the arbitration.

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13 minutes ago, magali said:

It has been signed and done with.

By ADR you mean AAA? Cavalry is agreeing to mutual dismissal so they don't have to pay fees. You either have paid your fees, depending on how much work has been done by AAA you may or may not get refund.  If you haven't paid your fees you don't have too. Just request case be closed. 

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1 hour ago, Bulldoger said:

By ADR you mean AAA? Cavalry is agreeing to mutual dismissal so they don't have to pay fees. You either have paid your fees, depending on how much work has been done by AAA you may or may not get refund.  If you haven't paid your fees you don't have too. Just request case be closed. 

 

Yes, AAA. I never paid because the arbitration agreement said that they had to pay. I already requested to close but they sent this email a couple days later.

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