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#1
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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
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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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#3
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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.
__________________
Something about winning attracts losers with opinions. Sorry, you can’t blame your opponents for applying a strategy that absolutely beats your brains out with regularity. Don't take it personal, in fact, get used to it. Somebody's gotta win and somebody's gotta lose and I believe in letting the other guy lose. It ain't bragging when you back it up. |
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#4
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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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#5
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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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#6
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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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#7
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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.
__________________
Confidence is the feeling you have before you understand the situation. |
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#8
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Quote:
That is correct. AZ does not allow for a bill of particulars. |
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#9
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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.
__________________
If a JDB lawyer and my dog are drowning in my swimming pool and I have to make a choice, I'm buying dog food tomorrow. |
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#10
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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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#11
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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.
__________________
Contrary to popular belief, civil court is not "innocent until proven guilty"... that is only criminal court. In civil court the complaint is prima facie true unless you can show differently. The burden of proof is simply what the judge believes to be more likely true than not. - Methuss |
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#12
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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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If a JDB lawyer and my dog are drowning in my swimming pool and I have to make a choice, I'm buying dog food tomorrow. |
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#13
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Everything you do is proof of your efforts in spite of the results, you start developing a paper trial of your efforts even the most unfavorable ones are ammunition against your adversary. Be Blessed! S.A.
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My opinion is based at most on my experiences and a tonch of common sense If you need legal advice get a lawyer! |
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