BOASUX Posted October 30, 2009 Report Share Posted October 30, 2009 Hi all,I have agreed to a second continuance and feel like I should have said no. They are claiming that they have witnesses. I have not received a letter yet.Any ideas? Thanks in advance. Link to comment Share on other sites More sharing options...
trueq Posted October 30, 2009 Report Share Posted October 30, 2009 (edited) drag you into court time and time again!If you miss one...BOOM...they move for default judgment for not showing.I'd MTD.If that does not kick it... return the debt lawyer jerkdom...exercise the arbitration clause.Just an idea as to what is going on. Edited October 30, 2009 by trueq Link to comment Share on other sites More sharing options...
RebelLady Posted October 30, 2009 Report Share Posted October 30, 2009 BOA needs to s**t or get off the pot! Your time is just as valuable to you as their time is to them.Rather than exercising the arbitration clause...just hint around to them that you might be considering it...something subtle to let them know you're aware that there is an arbitration clause and you're thinking about exercising it since they seem to be having so much trouble getting their case together.Then MTD and see what happens.RebelLady Link to comment Share on other sites More sharing options...
FlaLawyer Posted October 30, 2009 Report Share Posted October 30, 2009 After the first continuance, you have to drag me to court to get another. Unless of course opposing counsel has died. A coma is not good enough. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted October 30, 2009 Report Share Posted October 30, 2009 yeah they are great at this.. next time say no "the witness" is usually some idiot who "saw your documents" and they notrize this.. its a delay tactic.. enough is enough Link to comment Share on other sites More sharing options...
PERRYMASON Posted October 30, 2009 Report Share Posted October 30, 2009 I think you should go with the continunace because you've not lost,yet. Why did you let them get away with not answering your questions and compel them to respond. You have been put on the defense...totally... Civil Procedures can only have one jailed for failure to comply, or contempt, of court orders....http://law.onecle.com/north-carolina/5a-contempt/5a-23.html Link to comment Share on other sites More sharing options...
BOASUX Posted October 30, 2009 Author Report Share Posted October 30, 2009 Thanks everyone.The judge I believe just ignored my motion to compel. I guess I am just sick and tired of it all! MTD---I am assuming this is a motion to dismiss? Seriously, I am surprised I made it this far, because I honestly have no idea what I am up against. Will Arbitration hurt me? They are also asking for attorney fees and sanctions. Thanks Link to comment Share on other sites More sharing options...
FlaLawyer Posted October 30, 2009 Report Share Posted October 30, 2009 Thanks everyone.The judge I believe just ignored my motion to compel. I guess I am just sick and tired of it all! MTD---I am assuming this is a motion to dismiss? Seriously, I am surprised I made it this far, because I honestly have no idea what I am up against. Will Arbitration hurt me? They are also asking for attorney fees and sanctions. ThanksYou may have to set the Motion to Compel for hearing. Just because you file it does not mean it makes it to a judge. The clerk's office will take your filing, stamp it, and place it in the file in the clerk's office. Call the judge's office and see if you can set a hearing on your Motion to Compel.Litigation is a marathon, not a sprint. If Law & Order actually portrayed the practice of law no one would watch it. Link to comment Share on other sites More sharing options...
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