Merk

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About Merk

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  1. Yes there are always two sides to every story. I don't know much about this judge and I always try to keep an open eye/mind....
  2. Figured this might be worth a look over. Interesting ... Problems Riddle Moves to Collect Credit Card Debt - NYTimes.com
  3. What if I don't have a loan amount on the promissory note?
  4. "this is what you owe us right?...." What an attorney! You spend all of that time and money to have a D average and go to court to ask that question??? Funny stuff....
  5. You know I thought about that before..."maybe that's usury." And then I thought, she could turn around and ****ing just make up God knows what and try to sue me for who knows what. I think I'll just pay the stupid tax on this one and chalk it up. The last time I checked her taxes haven't been paid. I will be checking to see if her home goes to tax sale. I know an investor that would certainly like to see if she could meet her 1 year redemption period. Talk about Karma.... "hey yea I bought your house, you have 30 days to get out here's your notice" Oh well I'm going through the 5 stages of grief here. Denial and Bargaining are over, now I'm in Anger...trying to move to Acceptance without the Depression... So I'll go back to calling her names under my breath.
  6. To make a long story short. I gave a personal loan to a friend last December 2011, to help her make her home tax payment. She has two little girls and I got caught up in all of that. She was a past business client, never any romance or hint of it. I loaned her 2000. The promissory note was for her to pay me back 2500 over the next few months. I have the promissory note I drew up,something simple from the net, but don't have it on me now. I can post it later. I've sent her emails, Facebook, text, phone calls....she ignores them all...but still has me as a friend on FB, along with her fiance. I had thought about asking him about it but figured that would technically not be the best thing. But I think he would be more apt to do something about it. I have a hunch that the lady might be on drugs as I found out she blew through some money she got from settlement and she looked a little unhealthy the last time I saw her.... What remedy do I have here? At this point I'm thinking about sending her a certified letter to respond within 30 days or face legal action, type of thing. I would rather not go down that road but I don't want to be taken advantage of or played the fool, especially since I don't have the money to throw around and could really use it if she was paying me some money. I'm on the other side of the ball here. Hope I'm in the right forum....What general suggestions do you all have here?
  7. Yes I will be doing a more formal thank you later...been busy and just dropping in. But yes, Super big thanks to BV80, legaleagle, and others! You all helped me buy the time properly!
  8. Yes i would rather it be with prejudice but I'm a beggar in this deal and we're on the docket now and i don't have the time, I don't think, to ask for otherwise. Oh but the plaintiff never filed for ADR, which is required in my county for these matters. They sent a letter requesting an extension of time for adr but I don't see or never got anything indicating that extension. I probably have some remedy I could bring up with that but I kinda don't want to go down that road.
  9. ---------------------- The undersigned hereby stipulate to the dismissal of the captioned case in accordance with Rule 41(a)(1)( of the South Carolina Rules of Civil Procedure. Counsel for Plaintiff and My name.... ___________________ Anything I should know before I mail this back in?
  10. thanks. That's about what I figured would be the course of events for me as well.
  11. I misuderstood. He was saying that I could get the adr fee included in any settlement we negotiate. I have ADR in the morning, Wednesday. I don't plan on and can't really afford to settle at this point, unless they work out some very delayed lenient low cost plan, I don't see it happening. Just wondering if there is anything I should know or do or ask??
  12. I don't believe he said that he was in that pool...but I think if I remember correctly that he said something like.."what usually happens is there is a pool...blah blah...I've just done some work with them in the past blah blah" So yea...
  13. So I got a call last week from a Joe Lawyer...local attorney. He said that comprehensive's paralegal had called them to schedule ADR. He said that every case in the county that is(some criteria I can't remember but it was broad... I think every civil case or debt case) HAS to go through ADR he said. I said that I thought that the order from the court had a different name on it. he said there's usually a pool of about 3 that they choose from. He said that they had done some ADR with comprehensive before and that something or another, blah blah..that it was free to comprehensive and asked if I could meet on June twenty something. He said I could request another attorney, blah blah... it was up to me. I told him I would let him know. He had already drafted some notice that is going out to me. He said if I wanted a change to let him know. My first idea is to choose another venue...if for any other reason besides ****ing with them...but I smell some fish...even if it's the fish of convenience. Screw that... I don't plan on settling at this point so what's the use. Any advice? I plan on calling the attorney on the court order to get some clarification.
  14. My latest: Notice of ADR Currently waiting on my request for documents from the plaintiff. I'm up around the adr time limit I guess. I have no knowledge of this or any idea about it. Please advise. I know LegalEagle had mentioned I might should try for arbitration if it was available, and that this is costly for the plaintiff and they might dismiss. How expensive is this for a pro se? filing fees? I will be reading through some of the ADR threads now as well. ----- Pursuant to the the standing order for alternative dispute resolution, dated September7, 2000 you are required to participate in the following methods of alternative dispute resolution(adr): Mediation or Arbitration(binding or non binding) on or before 300 days from the date of filing of this action. The parties have a right to mutually agree upon the form of ADR and a neutral person(s) to conduct that ADR process. In the event the parties are unable to agree upon the form of ADR, the court hereby designates mediation as the default process of ADR. In the event the parties are unable to agree upon a mediator, the court hereby appoints: John Doe office, local address and phone number-- To serve as mediator. In the event the aforementioned mediator has a conflict of interest or is unable to serve, the alternate mediator is Jeff Doe office, local address and telephone number The parties and/or their attorneys shall contact the court-appointed mediator directly regarding shceduling and payment of the court mandated fee. A Rule to Show Cause why sanctions should not be imposed may be issued in all cases that fail to file a Proof of ADR or Exemption form indicating evidence of participation in, or exemption from an ADR process within 300 days from the date of filing of the action (6-19-2012) -------------------------------