IrishDMBF Posted November 14, 2008 Report Share Posted November 14, 2008 I am involved in a lawsuit with asset Acceptance.I have filed a motion to dismiss based on their inadequate response to an order to compel discoveryI sent the motion to both the attorney and the Clerk of courts CMRRR Nov 4th. However Asset has not received it yet. I have also not had it returned yet either. The only address I have for Asset is a PO Box and all other correspondance has been sent to this PO BoxMotion is to be heard Dec 1st. The court sent them a little card saying that the case is scheduled for motions. What if they don't pick up the mail at the PO Box? Can the case be dismissed and then started again because they say they never got the motion eventhough I have proof I sent it CMRRR and it wasn't returned nor was it signed for??? Link to comment Share on other sites More sharing options...
debtorshusband Posted November 14, 2008 Report Share Posted November 14, 2008 I'm confused.You sent a motion "to the attorney", but "Asset has not received it". Once you're in a lawsuit, all communication should be with their attorney. You should not have any dealings directly with Asset. And you must have the attorney's address, right?DH Link to comment Share on other sites More sharing options...
IrishDMBF Posted November 14, 2008 Author Report Share Posted November 14, 2008 The attorney works for Asset Acceptance. They are attorneys on staff!!!All communication for the lawsuit goes through a PO Box with Asset Acceptance and the name of the attorney on it!!! Link to comment Share on other sites More sharing options...
admin Posted November 14, 2008 Report Share Posted November 14, 2008 As long as the court received it - you can show up with proof you sent it and show it to the judge. It could reflect badly on them - like they refused to receive it. Link to comment Share on other sites More sharing options...
IrishDMBF Posted November 14, 2008 Author Report Share Posted November 14, 2008 Another questionIn my other lawsuit with Crap One, I know from the Clerks website that they have filed MSJ against me. I never recieved the motion. I know the copy that they sent the court probably has a certificate of service attached but I never recieved it. All other certificates of service they have sent have stated they use regular US Mail not certified mail. I have a court date on monday.What should I do? Should I go to the court and get the motion today or play dumb. In a previous motion I filed, they sent me a response to the motion but the judge never recieved their response so there is a history of them not sending all parties the relevant documents. Link to comment Share on other sites More sharing options...
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