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If you have any problems with the registration process or your account login, please contact us. | Advanced Credit Repair - Dealing with Collection Agencies Discuss Case against CA in the CREDIT AND LEGAL ISSUES forums; I talked about this case before, CA violated rights. They got sued, Attorney for CA was requested Discovery. They where late and at end sent a blanked refusal.
They where ...
02-08-2007, 03:45 PM
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#1 | | The One and Only!
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| Case against CA I talked about this case before, CA violated rights. They got sued, Attorney for CA was requested Discovery. They where late and at end sent a blanked refusal.
They where requested discovery and agreed to provide some things, except they never did. By the time I posted here, I think the time for discovery was over, I had other things going and I did not file a motion to compel.
Now they call, the case is coming up in a couple months, they are supposed to do mediation, prior to going to case. They are of course late for the mediation, it was due in Jan.
They want to know if I will sign a joint request for extension to mediation, they want to do mediation next month.
What say you? |
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02-08-2007, 04:03 PM
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#2 | | HONORED GUEST
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| Tell them you will agree to extension for mediation if they send you what you asked of them in Discovery. 
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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02-08-2007, 04:06 PM
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#3 | | The One and Only!
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| Quote:
Originally Posted by hannah Tell them you will agree to extension for mediation if they send you what you asked of them in Discovery.  | Now If i do not send my consent for the extension, what will happen or should happen? |
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02-08-2007, 04:15 PM
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#4 | | Elite Member
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| Q Tip I am running into the same thing right now....Defendants 1week before settlement conference wanted an extension and I refused. My atty agreed being as all the delays they put me through...
Today they filed a Motion to Adjourn the conference...and I am helping atty prepare a response.
I would assume they will Motion the court to extend the time. If it is not a big deal for you then I would agree to it. Otherwise if you don't want to be prepared to file a Memorandum in Opposition |
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02-08-2007, 04:19 PM
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#5 | | HONORED GUEST
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| Professional courtesy dictates one extension but by the same token I would want what I requested in Discovery. I was serious with my first answer, my dear. All they can do is say no and then motion the Court. 
__________________ Please be advised that I am not an attorney and nothing I post on this forum should be construed as legal advice. Let's Go Mountaineers!! Let's Go Drink Some Beers!! |
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02-08-2007, 07:46 PM
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#6 | | Administrator
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| Tell them you agree to the extension but at the same time you will file a Motion to Compel.
See if that moves them a little.
__________________ It is better to keep your mouth shut and appear stupid than to open it and remove all doubt. - Mark Twain The information and materials in this document are provided for general information purposes only and are not intended to constitute legal, accounting or tax advice or opinions on any specific matters. Laws and regulations change frequently and their application can vary widely based upon the specific facts and circumstances involved. You are responsible for the applicability and accuracy of Information as it relates to your specific situation. |
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02-08-2007, 07:57 PM
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#7 | | The One and Only!
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| Quote:
Originally Posted by Enigma Tell them you agree to the extension but at the same time you will file a Motion to Compel.
See if that moves them a little. | I threatened to file before and never did  The ca attorney back then agreed to send me the stuff, except he never did  |
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02-08-2007, 09:09 PM
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#8 | | Administrator
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| So, tell them they promised to send it and didn't, now you're filing a motion to compel. Do it this time, and they'll get the message that they can't keep pushing you around.
__________________ The answer is 42!! |
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02-08-2007, 09:18 PM
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#9 | | The One and Only!
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| Quote:
Originally Posted by Hedwig So, tell them they promised to send it and didn't, now you're filing a motion to compel. Do it this time, and they'll get the message that they can't keep pushing you around. | The problem is that according to want we discussed before that the time for discovery is over, I am not sure that a motion to compel would do any good at this point. |
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