Harry Seaward

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Harry Seaward last won the day on April 9

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About Harry Seaward

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  1. My bad. I missed the distinction.
  2. Can you transcribe the phone message? There may be a violation.
  3. That's correct, JDBs are not allowed to sue in TX small claims courts.
  4. Please quit starting new threads every time you have a question. Keep it all in one place.
  5. Realistically? You can expect judgment against you for the amount of the debt plus attorneys fees and court costs. And then interest on that judgment at 10% until it's paid. The only reliable way to beat these cases is with arbitration. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  6. None of that says anything about her having a discussion with the arbitrator in which she acknowledges by quoting the AAA rules that she won't be recovering her fees.
  7. I brought up the lawyer's ignorance of the fees a dozen times. Why is this the first we're hearing she acknowledged she can't recover fees?!?
  8. What exactly does this mean? What was said, word-for-word?
  9. Judgments in Georgia expire after 7 years. It's possible for a creditor to renew a judgment, but they must do this before the 7-year mark. If that mark passes, they still have the option to revive a dormant judgment, but they have to do this within 3 years of the 7-year expiration date. I'd lay low. If your financial situation isn't likely to change in the next 10-15 years, your credit report will reflect that and they will likely give up at the 7-year mark.
  10. It's entirely possible you'll never get sued if you just leave this be. One approach to arbitration is preemptive arbitration where you assert your own claims against them pre-lawsuit. Say they violated the FDCPA in some way. You bring that claim to arbitration before they sue you. The problem I have with this approach is that, as I said, they may have never sued you, but now they are contractually forced to arbitrate your claim. In response, they will almost certainly bring counter claims against you for the debt you owe. You will have effectively sued yourself. You will then have the upper hand in negotiating, but if your goal is to avoid the "court thing", you've done it by creating an arbitration thing that will require you to be 10x more (pro)active than you would have ever had to be if you had just let them sue you first.
  11. I just read that statement again. "We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000" I think one could make an argument that they are saying they will pay all filing and administrative fees, and separately pay arbitrator fees up to $1,000. Like you would have to pay nothing where you would normally have to pay the $250 consumer portion of filing/admin fees.
  12. I normally advise using AAA for these cases, but based off this statement from the agreement, I think I'd use JAMS instead. The reason is JAMS has "consumer minimum standards" which dictates that the consumer in an arbitration action only has to pay a $250 filing fee, so the "up to $1,000" language from the agreement is moot. There is some debate over what can happen with fees at the conclusion of the case, but if you read that link I posted earlier, you'll see this case will never make it to the "end".
  13. I thought we've been through this already.... If you find inaccurate info in the account on your credit reports, dispute that info. If they don't correct the info, you can sue them for FCRA/FDCPA violations and use that lawsuit as leverage for getting the account deleted from your reports. If everything is accurate, or they correct inaccurate info following your dispute notice, there's nothing more you can do in regard to dealing with the credit bureaus. There's been talk about using arbitration to leverage deletion, but you should only do that if you have an actual claim, same as suing them in court.
  14. @lowes did you mean to black out your original post?
  15. Do you have the original loan contract? I believe Prosper has pretty decent arbitration clause. If that's the case, best to just lay low and wait to get sued, then hit them with a motion to compel private arbitration. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/