TODAY AT SOOEY

[Prof]

Sometimes, Sooey Jr. is just so funny:

#1 (permalink) Today, 03:37 PM
kesh
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summons r4c

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many thanks to all who post great info!
i recieved summons for confirmation of arbitration award in august of 08 refused for cause! copies cert mail to law firm and court clerk heard nothing untill middle of december. another summons in mail form same law firm, different lawyer more wordy. again refused for cause cert mail to law firm and court clerk. now recieved letter stating hearing set for end of january? what to do next? go to hearing with refused for cause papers and mail reciepts?
any help would be greatly apprecated!

THIS FORUM IS GREAT SO MUCH INFORMATION IT IS UNBLIEVABLE!
KESH IN TEXAS


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#2 (permalink) Today, 04:56 PM
David Merrill
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Re: summons r4c

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Quote:
Originally Posted by kesh
many thanks to all who post great info!
i recieved summons for confirmation of arbitration award in august of 08 refused for cause! copies cert mail to law firm and court clerk heard nothing untill middle of december. another summons in mail form same law firm, different lawyer more wordy. again refused for cause cert mail to law firm and court clerk. now recieved letter stating hearing set for end of january? what to do next? go to hearing with refused for cause papers and mail reciepts?
any help would be greatly apprecated!

THIS FORUM IS GREAT SO MUCH INFORMATION IT IS UNBLIEVABLE!
KESH IN TEXAS


You have received a summons for confirmation of an award?

I do not know what that means but your R4C process is working if they keep sending new notices/summonses. If they get serious they will probably send a process server - so do not avoid the server if you want to R4C the summons again. If they cannot serve the summons an affidavit of attempted service will suffice for a default.



Regards,

David Merrill.

Somehow, I missed this in Civil Procedure!!!

[notorial dissent]

Well, that is alright, the recipient, seems to have missed out on that he LOST, the question is just how big and how much worse it will get. And of course the resident legal genius is spurring him on to an even bigger and better hole. The award, of course, may be irrelevant if there is nothing to get. No clue, and not pot seem to go hand in hand over there.

[.]

Wow. Good find. It's hard to beat an absolutely gibberish response to absolute gibberish.

[Doktor Avalanche]

I'm glad you children were here to listen to this - Authentic Frontier Gibberish!

Not only was it authentic but it expressed a courage that is rarely seen in this day and age.

What are we made of? Our fathers came across the prairies... fought Indians... fought drought, fought locusts, fought Dix... remember when Richard Dix tried to take over this town? Well we didn't give up then... and by gum, we're not gonna give up now!

[Prof]

And another voice, crying in the wilderness, is heard on Sooey, Jr.:

#3 (permalink) Yesterday, 07:53 PM
allodial
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Re: summons r4c

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I'd send by fax or by mail a notice explaining a statutory basis of refusal for cause. It might be preferable to quote the State equivalent of UCC §3-501(b)(3)


Quote:
To: fiduciaries

Your organization has been sending presentments, offers or defective process through the mail which have been returned to the your organization which have been refused for cause without dishonor per {insert state statute equiv. of U.C.C. §3-501(b)(3)} which to my comprehension your organization is bound:


Quote:
'Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.'

Attached is a photocopy of at least one instance of such refusal for cause. If you would like more photocopies, please let me know. If you continue to harass me or attempt to defraud me I will likely see to it that a restraining order is issued against you. Alternatively, you might find yourself prosecuted for conspiracy with others to interfere with my exercise or enjoyment of the right of avoidance.

....


The exact nature of your case or situation is not known. However, GENERALLY, when doing R4C, I would fax or mail the organization sending junk through the mail and put them on a kind of judicial notice in case they simply do not have a clue. You might want to put at the bottom "cc: Attorney General of the State of ____." And send a fax to such Attorney General too. You might even want to attach a copy of 18 USC §241.
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