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Won't sign green card

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  #1  
Old 02-07-2012, 08:17 PM
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Default Won't sign green card

I have heard here that you should send the B.O.P cmmrr. What should you
do if the jdb refuses to sign the green card, does it come back or is there
other ways to prove delivery. Just something I'm curious about.
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  #2  
Old 02-07-2012, 08:20 PM
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If you send the media by USPS Priority Mail, you can do a Delivery Confirmation, which is trackable, and is scanned by the postal carrier when he delivers it to them. No signature required. You can print off a doc from the USPS website showing that the package was delivered. I do not know, however, whether this is sufficient legal proof.
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Old 02-07-2012, 08:23 PM
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If they refuse it, I'd hire a process server in the area to serve it on them direct. Then part of the agreement allowing them dismiss would be they pay your costs, which of course would include what you paid the process server.
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Old 02-07-2012, 08:24 PM
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You are in Arizona. I don't believe that AZ has any provisions for a BoP. However, if they refuse to sign a green card with a document that you should legitimately be sending, it will be returned to you, unopened. Keep it unopened, and when the time is appropriate, open it in front of the judge.
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Old 02-08-2012, 01:23 AM
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I am not quite familiar with how things are in Arizona when it comes to this issues, but I have heard from some acquaintances that there is not provisions BoP in Arizona. So, I must take side with Usaggi's that you have to keep it unopened. Am sure if it's not sent it shall be returned unopened as well. In the event it returned opened... that's another case.
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Old 02-08-2012, 05:56 AM
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Quote:
Originally Posted by sandcrab View Post
I have heard here that you should send the B.O.P cmmrr. What should you do if the jdb refuses to sign the green card, does it come back or is there
other ways to prove delivery. Just something I'm curious about.
Not withstanding the discussion of whether a BOP is proper in Arizona, something else jumps out to me. You said you sent it to the JDB! If you are in litigation you should never send anything to the JDB, but rather to their lawyer. A lawyer refusing to accept CMRR is likely to face a motion with sanctions from more than just some Pro Se.
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Old 02-08-2012, 06:05 AM
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I've had this happen as well. I then send certified with delivery confirmation with no signature required. It cost about $5.50 roughly.

Between the refusal notice and the certified w/ no signature, you have plenty of proof of mailing. They're acting like a defendant that thinks that ignoring a plaintiff's complaint will make it go away. This type of behavior is considered willful ignorance and doesn't stand up in court.
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Old 02-08-2012, 07:14 AM
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Originally Posted by usagi555 View Post
You are in Arizona. I don't believe that AZ has any provisions for a BoP.



That is correct. AZ does not allow for a bill of particulars.
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Old 02-08-2012, 09:19 AM
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You'll have to ask for whatever the BOP was supposed to produce for you by sending normal discovery. What kind of case is this? I don't see it in the thread.
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Old 02-08-2012, 12:34 PM
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Default Thanks for the info

Actually I'm not in litigation yet, just want to learn as much as I can.
With all the tricks that jdb like to play, I am trying to get prepared so
if it comes to litigation i will be ready. I am dealing with cach llc.
They seem to be pretty bad. Thanks from the sandcrab.
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Old 02-08-2012, 12:45 PM
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You send certified mail and regular mail. In your affidavit of service you state that you sent it both cert and regular mail.
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Old 02-08-2012, 01:20 PM
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Cach is a bunch of dummies just like every other collections firm. Totally incompetent. Start reading up on your rules of procedure, which are some of the worst I've ever tried to decipher, by the way. That aside, it would be a shame if you had nothing in your name if they got a judgment, wouldn't it? Think about that.
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Old 02-08-2012, 02:06 PM
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