Harry Seaward

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Everything posted by Harry Seaward

  1. If there's some legitimate racial basis for why you stopped paying your Discover bill, you need to speak to a civil rights attorney ASAP. Otherwise, your ethnicity and that of the arbitrator is completely irrelevant to your arbitration case.
  2. You don't need permission to ask whatever you want, but we'll probably have questions of our own.
  3. There's a lot in this sentence that is open to a lot of interpretation, which would be up to the individual arbitrator to decide. Unless there is some law or rule that says otherwise, i personally would use the SOL of the state where a lawsuit would have been filed, were i to hear this case as an arbitrator.
  4. No one is judging you. Your plan and answers to our questions don't match your stated goals so we're trying to find the missing piece to the puzzle.
  5. If this ever happened, it was in the 'dark ages' of debt collection. Things are far too conspicuous these days for a JDB to bother with these kinds of shenanigans. Unless this is a $50,000 debt, do it yourself. An attorney likely won't get any better deal than you can do for yourself, and whatever additional amount he could get would be offset by his fees.
  6. I wasn't making any suggestion. i was answering your question.
  7. Arbitration makes no sense unless you're just trying to be spiteful. Any concessions for your personal affairs that you would get in arbitration, you would also get in court. It also makes no sense to hire a BK lawyer when you're months away from being ready to file BK, and don't even know if you're going to file in the first place.
  8. But you've already retained a BK lawyer. Why would you do that if you're planning to drag the arbitration case out for years? It's not "if" you lose. You will lose against Discover. If that's what you're basing your BK decisions on, go ahead and file for BK now so everyone can get on with their lives.
  9. Barclay's will refuse to speak to you because they are represented by an attorney, so you'll need to go through Suttell to work out a settlement. I forgot to mention this earlier, but most of the time, payment plan settlements won't come with a discount. Usually the only way to get a 'better deal' is with a lump sum payment.
  10. Are you saying counterclaims in arbitration do not count as "a lawsuit filed against you"?
  11. The judge has zero latitude in terms of what you can pay. His job is to decide if the debt is legit, and that's it. Once Barclay's has their judgment, they can immediately start proceedings to garnish your wages and levy your bank accounts. You might have a couple weeks or a month between judgment and having your money forcibly taken from you. The time to work out a settlement is now before there are additional legal fees. Most of the time, creditors will agree to a monthly payment arrangement. Just be sure you can comfortably afford the payment you agree to, because if you default, Barclay's won't have to go back to court to get a judgment and can immediately begin garnishment and levy proceedings.
  12. The above quoted language from the card agreement renders any 'choice of law' provisions moot in terms of SOL.
  13. Typically, yes, because the attorney is a new debt collector entity. Also, yes. Unless you have some legitimate reason to believe this really isn't your debt, or the amount is wrong and you have proof of such, disputing is by and large a waste of time these days. You might get lucky and catch them in an FDCPA violation (i.e. continuing collection activity before validation) but a.) it's rare that they violate anymore, and b.) even if they do violate, they'll just knock $1,000 off the balance you owe when it comes time to negotiate a settlement.
  14. Are you serious about filing BK? If so, why are you wasting everyone's time and resources on arbitration?
  15. Here's an example of a typical Discover arbitration case in modern times. https://www.creditinfocenter.com/community/topic/329687-arbitration-award-costs-and-appeal/
  16. The only way Discover will be liable for your attorneys' fees is if they lose their case against you.
  17. You have no defense unless the account was opened fraudulently or they sued you beyond the statute of limitations, in which case you should stay in court since these kinds of defenses are processed faster and with less expense than arbitration. They can try. It depends on the individual arbitrator. Very unlikely. The only possible way is to ask for in-person hearings on every single decision the arbitrator makes. Most arbitrators will catch on to what you're up to and shut the door on it pretty quickly. Plus this kind of thing puts you into the "bad faith" camp and allows the arbitrator to stick you with the entire arbitration bill. Once you get through the 'ground level' arbitration and lose, you can start an arbitration appeal, where you will lose again. From there it goes back to court where you can argue against award confirmation, but since you already flipped the court the bird by taking your case to arbitration, the court is not suddenly going to take an interest in seeing to it that you got a fair shake in arbitration. Your thread is titled "how to win in arbitration". The straight answer is going against Discover, and any other OC that follows you in to arbitration, you never win a case in arbitration that you couldn't win in court. At best you buy yourself some time to file bankruptcy.
  18. They won't demand anything from you directly. If they sue you, and you elect arbitration, they may argue to the court that your MTC should be denied because you didn't initiate arbitration with JAMS. The problem with this argument is it would be silly for you to initiate arbitration with JAMS before you even know if the court will grant your MTC. Again, it would be an error of law for the court to deny your MTC, but a court that is going to deny a MTC isn't going to know it's committing an error of law.
  19. There's no requirement to file with AAA before the MTC is granted. In fact, it's backward logic. Why would you initiate arbitration before you know if the court has granted your MTC? However, we have seen JDBs make this very argument, and on rare occasions we've seen courts agree with them. There doesn't seem to be any component of 'taking you serious'. JDBs have heard every threat under the sun, and 99% of the time it's a bluff, so they just conduct their business accordingly.
  20. I wouldn't bother with a DV. The debt is yours and they own it. Best thing to do is lay low and wait to be sued. At that point you can use arbitration. Midland will dismiss the lawsuit and you walk away.
  21. Yes. But if he/she doesn't it would be an error of law that you would have to appeal to get corrected.