Harry Seaward

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Harry Seaward last won the day on August 8

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About Harry Seaward

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  1. Texas requires the court's permission to conduct discovery. We just had one of our Texas members get poleaxed at trial because they didn't ask for discovery. Using arbitration, if available in the card/loan agreement, is a better way to go anyway. https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  2. Agreed. IMO, this is a solid claim, in terms of getting over the already low frivolous bar.
  3. I also agree with the arbitration route. I know you feel swindled by them not applying the insurance coverage, but the reality is, clydesmom is probably right (especially with a bottom of the pool creditor like CreditOne) in that there is almost certainly a procedure for triggering the payments. You can read your card agreement if you're that interested in it, but honestly, i wouldn't bother. You said you could end up with a judgment against you if you "make a mistake". Honestly, you could do everything exactly right in court and still end up with a judgment. Getting the case out of court and in to arbitration is going to be your best bet at getting though this unscathed. You said they are asking for $10,000 judgment? Anything $10,000 or more is supposed to be filled in Superior Court. If the judgment they are asking for (minus court costs and legal fees) is less than $10,000 then justice court is the right venue.
  4. Did the plaintiff provide you with any sort of documentation? Do you have some reason to believe the plaintiff is not the owner of your debt?
  5. One of our Ohio guys just found a rule up there that lets them move cases out of small claims court. I'd see if something like this exists where you are.
  6. @Robby8900 I added "in Ohio" to the topic of this thread to help make it easier to find in a search.
  7. So is it just any time the losing party pays the appeal fees/bonds, they automatically get a full-on new trial at the county court level? Earlier you mentioned petitioning for certiorari. Typically, cert is a request that can be denied, whereas what you seem to be saying with a county court trial de novo is that it's a 'right' that you're entitled to, as long as you pay the fees/bonds. Is it one or the other, or can you petition for cert and then pay the county court fees/bonds if cert is denied?
  8. Who decides if you are granted this initial level of appeal?
  9. Statues, caselaw and rules of procedure are the only thing an appellate court will be looking at, so that's where i would spend every ounce of research energy. Trying figure out why things happen in other cases is a waste of resources unless it's tied to one of the three things i mentioned. Edit: trial/justice court rulings in other cases are not caselaw.
  10. There's a lot of questions we don't have answers for, so we're just guessing at this point. Breach of contract and account stated are not mutually exclusive. Account stated can be alleged in a breach of contract cause of action. A plaintiff can rely solely on an account stated claim if there is no contract in writing. If there is a contract, and the plaintiff can show account statements were sent and not disputed in a timely manner, they can rely on an account stated claim to establish the amount owed in a breach of contract cause of action. So without knowing how the complaint was written, and what was presented at trial, it's impossible for us to break down the game film.
  11. Yes, that's possible. The question the Appellate Court is going to be looking at is whether allowing the dispute evidence would have likely changed the outcome of the case. "Unfair surprise" is intrinsically tied to prejudice. If you don't establish for the record how the surprise is prejudicial, it's not unfair.
  12. It's only a surprise if you ask for it and they didn't provide it.
  13. Does this mean you did not request permission to conduct discovery?
  14. Nice find. See if you can find the statute or rule of procedure that codifies this. If it exists, this is the golden ticket around the small claims exemption for OH litigants wanting to use arbitration.