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Author Topic: ltr to the courts  (Read 3622 times)
rubyruby27
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« on: November 01, 2006, 10:09:32 AM »

I need your assistance in seeing if this letter is coherent.  I have thought about this for a while and I just can't keep up the fight.  As I am writing this I am crying my eyes out that I am doing this but I need to end this.

This letter is to clarify what I am requesting of the Court.

I have attached 2 motions one to correct clerks error to reflect that the defendant, was awarded a motion for summary judgment on September 19, 2006 verses the plaintiffs, . The motion is a final judgment order that does not stipulate any cost to be awarded to the defendant.

At this point I can no longer fight for my rights in this case as it has consumed 11 months of my life. I am asking  the Court to sign the Final Order for the summary judgment.  I am relinquishing all finanical rights to any sums I am entitled too, so that the Final judgment will be signed without any further court hearings.

All I am asking is does it make sense.
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fraudfighter
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« Reply #1 on: November 01, 2006, 11:10:51 AM »

You could simply state that you are seeking the final judgment to simplify the case due to the burden it has been on you, without making any statement about waiving any rights.

Any FDCPA counterclaim would be permissive and not waived by law.
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rubyruby27
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« Reply #2 on: November 01, 2006, 11:29:56 AM »

Thank you.
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imnotpaying
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« Reply #3 on: November 01, 2006, 06:34:49 PM »

Im sorry you have had such a disaster with the courts and your case.


 Once you correct the Summary Judgement and all that is left is your counterclaims... could you just offer them a cheap way out and see if they take it?

i.e if your trying for $5000 in your counter claimns maybe you could try to see if they would settle by paying you $2000 or even $1000. They got to be getting tired of it too and they may not not realize how tired you are because you are winning.

Seems like a settlement offer would not hurt at this piont.
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rubyruby27
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« Reply #4 on: November 02, 2006, 07:11:40 PM »

Imnotpaying, I tried a settlement offer and they laughed at me, literally.

Its not that I am getting tired, which I am, but financially I can't pursue this matter any longer.  I posted on IC why as everyone has been nice in helping me along the way.

My roommates mom died  and she has been gone for the past 2 weeks and not sure when she is coming back, I offered to take up the slack on her end of the bills, as family comes first in my opinion.  Her mom has been sick for awhile and she kept flying home every 4-6 weeks and then her mom would get better, so this time I told her to stay as the time would be near and it was.

I can't pay for everything and miss any work at all, I will have to work more and 40 hours and it  is a killer for me.
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VexatiousLitigant
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« Reply #5 on: November 03, 2006, 07:23:17 AM »

In that case, just take care of the MSJ issue.  Without that over your head I suspect you'll feel a lot better.  You have several months to take care of your counterclaims as the SOLC is 1 year on FDCPA actions.  If things improve between now and then, you can take care of business.
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summertime
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« Reply #6 on: November 10, 2006, 10:05:11 AM »

Keep your chin up, Ruby!
I know that's easier said than done through personal experience -- but you have a LOT of support from your friends on these forums.  Smiley
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rubyruby27
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« Reply #7 on: November 10, 2006, 05:47:56 PM »

Thanks to all for your support.  I filed my papers with the court along with an affidivant for cost.  We will see what happens.

I was really down, I have been holding the fort for awhile and it was getting really bleak, should have held on a little longer, roommate should be getting some inheirtance soon so that should help.  They have to wait to sell property and after they pay all debts and taxes.  So I am researching and organizing just in case everything falls into place before the year is up.
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DUSTY
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« Reply #8 on: December 02, 2006, 06:28:11 PM »

I went through the same thing, including ex parte hearings, Judges making motions for the JDB attorney ... and that was just a few cases.  Had to see a Dr., sometimes it's too much.  Hang in there and take care of yourself first , sounds like you've been doing pretty good.
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