fhlh

LVNV in Michigan

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They are screwed, I saw your PM. They only have a week left. If by rare chance they do produce something and the judge rules for the Plaintiff. If you have it in writing that you challenged the docs under MRE 902(11), I would appeal.

 

Do not get worked up over my comment.

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They are screwed, I saw your PM. They only have a week left. If by rare chance they do produce something and the judge rules for the Plaintiff. If you have it in writing that you challenged the docs under MRE 902(11), I would appeal.

 

Do not get worked up over my comment.

I did have it in writing in my Opposition MSJ.

 

"...Here the documents are not supported by the testimony of the custodian or competent witness, nor are they accompanied by a declaration under oath by the custodian or other qualified person as provided in MRE 902(11)....."

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Now I have to go back to court in about 3 weeks again! For more Pre Trial stuff.

No documents were produced and the Judge shocked me. They do not get more time to produce papers, per the this Judge.

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Sorry I did not post this yesterday.

OK. I have trial in early October.

It was a long day but this the short of what happened.

The Judge denied their MSJ. One of the first things that I brought up was the paper work that was asked for by the other Judge and was not produced.  The new Judge did not like the lack of paper work in these types of cases. I added that I even asked for documentation from them and was not given it but, was told this is all the paper work they have in their possession. She did not deny that when asked. It sounded like he was not happy with it. I do not get why he just did not give it to me.

I guess we will see what happens now. I really hope that I do not have to go to trial.

Words of wisdom on what happens now?

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This is what I got in the mail yesterday, Friday.....

 

Dear Mr. XXX

 

At this time, our client no longer wishes to pursue collection efforts on this account. I ask that you please sign the enclosed Dismissal where indicated and return to our office for filing with the court and to avoid any future court hearings. A true copy of this Dismisal will be provided to you upon entry with the court.

 

Thank you for your attention to this matter.

 

Sincerely,

XXX

 

 

IMPORTANT NOTICE

This office has been retained as a debt collector.

This is an attempt to collect a debt and any information obtained will be used for that purpose.

 

 

 

This Dissmissal Papers are checked 'without prejudice'. They even gave me a nice prepaid envelope! :)

 

I was doing the HAPPY DANCE in my truck when I got this!

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Follow up on this and make sure that they file it with the court.

Don't miss any deadlines or dates until you're sure.

I will! I was going to mail it back to them and fax it. I was thinking on mailing a copy to the court. Thoughts on that? I have made copies and scaned everything on my computer.

 

I am mailing and faxing it tomorrow to them.

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I will! I was going to mail it back to them and fax it.

 

Mail it CMRRR, of course .......... fax it if you want to.

 

 

 I was thinking on mailing a copy to the court. Thoughts on that?

 

Don't think it's necessary if they follow through ........... it's proof of more deception in your pocket if they don't.

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I am not supposed to be on the computer right now, I have one more day of laying face down after surgery. Good Job!!!  :Pasties:

 

Then get back into bed ............ hope everything turned out well with your eye surgery.

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I am not supposed to be on the computer right now, I have one more day of laying face down after surgery. Good Job!!!  :Pasties:

Yes get back and lay down. :) Hope you are are feeling better soon.

 

Thank you for your help bmc100!

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Mail it CMRRR, of course .......... fax it if you want to.

 

 

 

Don't think it's necessary if they follow through ........... it's proof of more deception in your pocket if they don't.

I mailed it today CMRRR. I was unable to do it yesterday.

Yes, that is true if they do not follow up with the court then it is all on them. I have copies saying that they will. I will call the court late this week and early next week to see if they have recived the forms.

When I recive the 'offical' paper from the court about the dissmissal I will be doing the BIG happy dance!

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