Harry Seaward

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Harry Seaward last won the day on November 29

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About Harry Seaward

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    Arizona

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  1. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    How can you know this? This is incorrect. I have spoken with JAMS and read their rules. The rules are absolutely ambiguous. That is a fact. The representative I spoke with at jams was considerably less ambiguous. She was pretty certain costs and fees could be reallocated back to the consumer. I know you have your own version of this, but the fact that two people can have diametrically opposing interpretations of the same set of facts is, by definition, ambiguity. Also incorrect. I'm reading AAA rules that expressly state that costs and fees cannot be reallocated back to the consumer except in a case where a the arbitrator finds the consumer brought frivolous or harassing claims. (If the consumer never brings their own claims, no fees can be reallocated.) Yes, you said this already. Please do starting now.
  2. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    Of course, but I'm not speculating based on a single personal experience. I'm amalgamating dozens of reports of nearly identical experiences. None of which are my own, by the way, so that rules out personal bias as a factor. This is appreciated because it's confusing that you now seem to be backpedaling on your earlier implication that they aren't following the fee structure rules and/or colluding with JDBs.
  3. Harry Seaward

    Received Motion for Summary Judgment

    Oh, so you never signed anything in wet ink? If that's the case, the same principal would apply as with a credit card. Your "i agree" digital signature is sufficient.
  4. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    Did you ever have a debt collection case with that judge without a MTC? What I was saying is that there are certain JP that always use meditation in debt collection cases, and sometimes those same judges will never rule on anything in the consumer's favor. The fact you used a MTC there is likely irrelevant to the fact that you would have ended up in mediation or with a judgment against you regardless of any actions you took. Just to be clear for the sake of @antonz, court ordered mediation doesn't mean you have to make a deal with the JDB. It's merely an attempt to get the parties to speak to each other to try to work out a settlement. The parties can walk in knowing they won't settle, and spend 20 minutes talking about football, for all the court cares. You go back to court and tell the judge you couldn't reach a deal. Sometimes the judges will try to give a guilt trip, but the message there is the judge really wants nothing to do with hearing the case and should be delighted to move the case to an alternate dispute resolution method, such as private arbitration. The AAA rules couldn't be clearer on this issue, so if they aren't following their own rules and demonstrating a bias toward the other party, you need to have that issue addressed immediately.
  5. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    Not to say it's never happened that a court pushed mediation and then denied arbitration, but I can't think of a logical link between the two, and would chalk it up to a coincidence more than anything.
  6. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    But still no official outcome at this point? I'd not roll the dice if it were my own case. Especially when the alternative is bulletproof.
  7. This (as was your last response) is a response to what I said about how they stay in business. Why didn't you respond to what I said about them proving they own the debt? What does it say that you did the same, but instead of using my actual words, you made up your own version of what you think I would have said in some alternate universe? I misunderstood. My bad.
  8. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    I have no objection to filing/initiating arbitration at this point, but I strongly caution against alleging claims of your own (see below). When the form or whatever asks what your claims are, just say you want to arbitrate PRA's claims against you. Also, I would go with AAA. Their rules are crystal clear that, as long as you don't bring your own claims, you can never be hit with any costs or fees beyond the initial $200 filing fee. JAMS rules are, at best, ambiguous on the subject.
  9. A.) I'm not the same person I was when I got sued. (I've grown up, in other words.) B.) Even if I was, giving advice based on my personal feelings would not at all benefit a person coming here asking for guidance. Why didn't you respond to what I said about them proving they own the debt? This doesn't even make sense. I use your own words when I respond to you. You make stuff up out of whole cloth.
  10. Who cares how you feel about them? Your personal feelings distract from the task at hand and don't change any set of facts that are in the JDBs favor. Of course! But they prove it all the time. It's how they stay in business, as a matter of fact. Saying you don't like them doesn't change this fact. So you say I put words in your mouth?
  11. Harry Seaward

    Sued by Midland, I'm in Ky. Do I need a lawyer?

    It depends on your local court rules. Most courts only charge for an answer. Contact your clerk before you go to find out for sure.
  12. Harry Seaward

    Sued by Midland, I'm in Ky. Do I need a lawyer?

    You don't need to efile, and most courts charge (~$50-$100) to file an answer. Some charge for additional filings. As far as how to make Midland go away.... https://www.creditinfocenter.com/community/topic/329436-arbitration-overview-and-strategy-2018-most-up-to-date-info/
  13. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    Usually the one making the demand is responsible for initiating. You can ask the court to order them to initiate for the reasons you laid out, but i would expect the request to be denied, and plan on initiating yourself. Also, some courts here do their own thing with arbitration so I would keep things as absolutely as simple as possible. Make the request "I'm asking this court to order the parties into arbitration because the agreement provides for that." Attach the agreement, and I also recommend an affidavit swearing it's the correct agreement for the account. If PRA objects, then you can get into the weeds with caselaw/rules specific to their objections.
  14. Harry Seaward

    Arbitration Question in AZ regarding lawsuit by PRA

    The court retains overall jurisdiction, in that once the arbitrator hypothetically makes a finding, the winner would go back to the same court to confirm the award. We've seen a few people get their cases dismissed with a MTD/MTC combo, but things get complicated if the court denies it and you have to appeal (i.e. which was denied? MTD or MTC?) and a request for a stay is more legally correct. Even that's not necessary because ARS 12-1502 has an automatic stay built in when a party request arbitration.
  15. The only dealings we have with JDBs is in the 'legal sense'. The only reason they are trying to collect the debt is because of a legally binding contract. The whole point we're trying to make is that by thinking there is some other way to deal with them, you're fooling yourself, and anyone else you try to sell on the idea. No one is sticking up for them and I find it really odd that you see it that way, especially in light of the rest of your observation, which is that we all do our part to make things difficult for them.