1chance2dream Posted October 12, 2011 Report Share Posted October 12, 2011 Midland and I are currently in Litigation...So complaint from themAnswer by meThey filed summary judgmentI filed summary judgment and a motion to compel to production of documents (not ruled on by judge yet)and anything else you think that I could file to strike I did PLUS I was allowed to file Counterclaim so OF COURSE I did I ALSO filed a complaint with the the state attorney general last week saying they are unjustly suing me SO I check the mail yesterday and I have a receipt that they missed me for a certified mail- so check online and it is the area code of the lawyers I wont be able to go get it AND I they wont "catch" me at home...because I am not there. So just wondering if you guys had any idea what they could be certified mailing me because they have only done that with the original complaint/summons and I called the court and nothing has been filed with them?....MAYBE a dismissal-but why wouldn't they just mail it? Link to comment Share on other sites More sharing options...
1stStep Posted October 12, 2011 Report Share Posted October 12, 2011 It could be the stuff requested during discovery. Link to comment Share on other sites More sharing options...
1chance2dream Posted October 12, 2011 Author Report Share Posted October 12, 2011 Yeah I was thinking that and I guess to get around my motion to compel and them getting in trouble for not responding in the first place and to make sure they have proof they are sending it...booo Guess I shouldn't hope for them to dismiss this because I know they are going to try to fight this to the end. Oh well I could hope! Hopefully they send it regular mail too because I just will not be able to go pick it up. Link to comment Share on other sites More sharing options...
usagi555 Posted October 12, 2011 Report Share Posted October 12, 2011 The AG's office in my state doesn't like to act on complaints during litigation. Before or after is fine, but they do not like being used as a procedural tool in the courts, and I honestly can't blame them. I would be surprised if most AGs weren't like that and for good reason. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 12, 2011 Report Share Posted October 12, 2011 A ton of different things.discovery you requestedReply to motion(s)amended complaintamended answer dismissalsettlement offer letter asking for more time to respondcopy of a letter they sent to the judge ex-parteletter offering mutual dismissalletter proposing a time line from this point forwardmotion in liminemotion to striketheir response to the AG and the copy for you (unlikely)any other response to any complaint or dispute (like CRA) you madeWhatever it is, I'd make sure I found some way to get it. You don't want to miss something important and be left telling the judge you could not make it to the post office and weren't around, to get a certified mailing, when your tied up in litigation. Call or e-mail the attorney and ask them if they sent you anything to make sure it also got sent regular mail and/or e-mail you if possible. Link to comment Share on other sites More sharing options...
1chance2dream Posted October 12, 2011 Author Report Share Posted October 12, 2011 That makes sense with the AG I didn't think about that...I wasn't doing it as a procedural tool more of a I truly believe they need to be investigated and looked into because I do believe they are wrongfully bringing suits against myself AND other people and I stated that in my complaint. If nothing is done with my complaint with the AG, which now from what you said makes sense as to why they might not want to get involved, I will however file another complaint no matter the outcome of my trial because I do believe they are wrongfully sueing me and other people hoping for defaults on accounts past statue or even not their accounts. Link to comment Share on other sites More sharing options...
1chance2dream Posted October 12, 2011 Author Report Share Posted October 12, 2011 A ton of different things.discovery you requestedReply to motion(s)amended complaintamended answer dismissalsettlement offer letter asking for more time to respondcopy of a letter they sent to the judge ex-parteletter offering mutual dismissalletter proposing a time line from this point forwardmotion in liminemotion to striketheir response to the AG and the copy for you (unlikely)any other response to any complaint or dispute (like CRA) you madeWhatever it is, I'd make sure I found some way to get it. You don't want to miss something important and be left telling the judge you could not make it to the post office and weren't around, to get a certified mailing, when your tied up in litigation. Call or e-mail the attorney and ask them if they sent you anything to make sure it also got sent regular mail and/or e-mail you if possible.We had our oral argument already for my motions so doubt it is anything to do with thatMight be something responding to MY summary judgment BUT I doubt that just because they have not sent ANYTHING certified mail except for their original complaint/summons and that was just when the judge allowed for alternative serviceEven THEIR summary judgment they NEVER even sent to me when I went for our oral argument the clerk told me and gave me a copy -of course they said they sent it to me in front of the "judge"I bet it is my request for discovery documents finally and they want to make sure they have proof they sent those... BUT my other issue is that the court said they have not gotten anything from them besides their summary judgmentHOWEVER I did send a opposition to their summary judgment and they sent me a opposition to my opposition LOL but the court didn't say anything about getting their opposition to my opposition ...?They are not a certified type of lawyers unless they REALLY want to make sure I get the information so I will wait a few days and if they dont send it regular mail I will email the lawyer and just ask if they were trying to send me anything. Our trial is in like 3 1/2 weeks so I dont know... Link to comment Share on other sites More sharing options...
1stStep Posted October 12, 2011 Report Share Posted October 12, 2011 I would not bother waiting...I'd get this ASAP. Link to comment Share on other sites More sharing options...
Coltfan1972 Posted October 12, 2011 Report Share Posted October 12, 2011 I would not bother waiting...I'd get this ASAP.No other option should even be on your list of options. Link to comment Share on other sites More sharing options...
lheart Posted October 12, 2011 Report Share Posted October 12, 2011 Always get your certified mail. Willful ignorance can be argued against you for not getting your certified mail. Link to comment Share on other sites More sharing options...
Seadragon Posted October 13, 2011 Report Share Posted October 13, 2011 Especially aft.er you pulled down your pants and crapped in their wheaties. Courts see what goes on even if the other side doesn't bring it up.You might find a stipulated motion to dismiss. or an amended complaint which you would have to answer or suffer a default.They could have demurred or requested more definite statement. So get it and act on what was sent.You shot your shotgun now they get their shot.Like a big game of BattleshipTM E5 Link to comment Share on other sites More sharing options...
usagi555 Posted October 13, 2011 Report Share Posted October 13, 2011 Yup, the general consensus here is to not wait. Consider me part of the consensus. Link to comment Share on other sites More sharing options...
jackson212 Posted October 13, 2011 Report Share Posted October 13, 2011 Always get your certified mail. Willful ignorance can be argued against you for not getting your certified mail.abso-freakin-lutely. i agree.i love getting mail, good or bad. i dont like avoiding problems, good or bad.the longer you wait, the worse it will be.it could be something else from someone else who happens to live in that zip code.get your mail immediately. Link to comment Share on other sites More sharing options...
Torden Posted October 13, 2011 Report Share Posted October 13, 2011 SO I check the mail yesterday and I have a receipt that they missed me for a certified mail- so check online and it is the area code of the lawyers I wont be able to go get it AND I they wont "catch" me at home...because I am not there. "Everyone" has been telling you to get your mail. I add my voice to the chorus.So what's the issue why you can't get your mail? You could get the receipt. I assume "not at home" means you are at your day job at work when the letter carrier comes by. But why won't you be able to go get it? Commute 2 hours to work in the opposite direction? FYI, my next door neighbor was doing 2.5 hours each way for a month about a month ago, doing concrete pours for a new unit on a power plant. Work is work (and that was really good paying work for him) so you go.I wonder if this is just another reason pro se litigants make life hell for attorneys. If both parties were represented, the mail goes to attorneys, where usually at least someone is in the office on work days. Not so for the rest of us. Link to comment Share on other sites More sharing options...
Hepcat Posted October 13, 2011 Report Share Posted October 13, 2011 There is a reason the attorneys are always willing to sign or stamp a receipt for certified mail. If they don't, you can use it against them!In my case, everything was sent to me certified and standard. I did not get them all, but I was prepared to address that if it came up in court. I would not deny receiving any mailings - just point out that the local post office has severely cut back their hours (only open from 10-5 now!).I understand not being able to get to the post office, but you definitely can't afford to ignore it. Whatever they send, you need. Because if you don't see it, you can't be prepared to defend against it, or use it if there's a mistake. Link to comment Share on other sites More sharing options...
legaleagle Posted October 13, 2011 Report Share Posted October 13, 2011 My PO always leaves a card in the box to sign. Then they give you the letter in regular delivery. The only thing I have ever received certified mail in my cases is a notice of deposition. Best make time to go to the PO and find out. Link to comment Share on other sites More sharing options...
1chance2dream Posted October 24, 2011 Author Report Share Posted October 24, 2011 Just wanted to let everyone know it was NOTHING I am disputing some things on my credit that should NOT be there and funny enough it was a letter from one of the disputes and funny enough same zip code as the lawyers...so wasn't even anything from them!! WOOOO! But boy was it a pain to get something so pointless! Dang post offices and their short hours! Link to comment Share on other sites More sharing options...
jackson212 Posted October 27, 2011 Report Share Posted October 27, 2011 and you got yourself all worked up for nothing LOL Link to comment Share on other sites More sharing options...
Recommended Posts