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Joopsman last won the day on July 3 2018

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  1. ...and why I’m not fighting it. Not worth my tine or money.
  2. Because it is a court of law and not a returns counter at Home Depot. How can business B submit business A's records as their own? They can submit them and if I do not object on grounds that it is hearsay then it is accepted by the court. If, as Clydesmom says, that in Oregon that the JDB has all the rights that the OC has when it comes to medical collections (in other words they ARE THE SAME as the OC, not considered a 3rd party) then the objection is meaningless since they ARE the corroborating witness for the records. Even at Home Depot they could question the validity of a receipt (perhaps it is damaged, illegible, etc.). In that case, maybe I remember the clerk that I purchased the item from and they also recall the transaction and can validate the receipt. Make sense?
  3. Yes, I used insurance but it doesn’t cover anything until the deductible is met. This is small claims; are they able to ask for atty fees?
  4. Well that’s not good news. What would be a reasonable settlement in a case like this?
  5. Unless they have a witness from the OC, it is just hearsay, though. I can claim that I purchased a debt and produce "records" but unless I have a witness from the OC that can corroborate that it was sold to me, it is just a claim with no merit.
  6. I have a medical bill that went to collections and I have been served by the JDB. The total including filing and service fee is a little over $300 so I am fighting this on principle as much as anything. One thing they claim is that I owed THEM (the JDB) on the day that I was seen by the doctor. I feel like I could have the case dismissed based on that claim alone since I certainly didn't owe THEM until they purchased the debt. Failing that, I plan to fight based on their lack of standing by objecting to any affidavit they may present as hearsay. Is this a reasonable strategy in small claims or will the judge likely accept any napkin scribble they submit to the court? They have nothing at all attached to the complaint. No record of any doctor visit. No bill. No copy of anything I signed. Just their claim that I owe them money. I know that JDBs' bread and butter is default judgments but they don't seem to have any case at all. Let me know your thoughts. Thanks!
  7. The use of the word "enforce" would imply that. You wouldn't "enforce" a dismissal that you are preparing and filing. Thank you!
  8. Quick question about the mutual release agreement. This wording was contained in the release: "__JDB__ shall be entitled to an award of attorneys’ fees in any action commenced to enforce this Release or any provision therein." Please tell me that refers only to any action required to enforce the provisions of the release and is not an award of the attorney's fees for the preparation and filing of the dismissal. Thank you!
  9. Oregon Rules for Civil Procedure ORCP 69 C (1)(b) https://oregoncivpro.com/orcp-69-default-orders-and-judgments/
  10. Maybe my terminology is not correct. In Oregon, if the plaintiff is in default by not responding to a motion within an allotted timeframe, the defendant can file a judgment of dismissal. The grounds for that are that the plaintiff is in default. I don't know what the law or rules are in Michigan.
  11. Would it not be worthwhile to file a motion to dismiss? If the plaintiff does not respond, it would be an easy out for the defendant. Nothing ventured, nothing gained.
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