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Credit help in dismissing case

Discussion in 'Consumer Fraud & Scams' started by Purge07, Jul 25, 2019.

  1. Purge07

    Purge07 Law Topic Starter New Member

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    The plaintiff or the defendant can make a motion to request for documentation and have to provide them or a reason as to why they object. Such as statements not in possession as they no longer exist, or a third party has possession, etc. within a period of time. Also, if no response within that period of time can either lead to dismissal or the ability to compel with a subpoena for request for documentation.
     

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  2. Zigner

    Zigner Well-Known Member

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    Based on that paraphrased explanation of the law, why do you think that now, half-a-week later, anything would have happened?

    Also, did you properly serve the request on the other party?
     
  3. Purge07

    Purge07 Law Topic Starter New Member

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    Yes. Also, laws differ on amount of time. 10 business days.
     
  4. Zigner

    Zigner Well-Known Member

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    If "laws differ on amount of time", then why did you post that particular law that allows 30 or 40 days for a response (as opposed to the 3-1/2 days you have allowed)?

    You're going to lose.
     
  5. Purge07

    Purge07 Law Topic Starter New Member

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    That was an example based on a different case in which is 30 days.
     
  6. Zigner

    Zigner Well-Known Member

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    Yep - you're going to lose.
     
  7. zddoodah

    zddoodah Well-Known Member

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    What does "filed for a request of documents" mean? If you're talking about a request for production of documents, those typically get served but not filed.

    What does "it's almost half a week" mean? If it means you "filed" your "request for documents" only 3 1/2 days ago, why would you expect a response. I don't remember if you said what state you're in, but a party typically has 30 days to respond to a document production request.
     
  8. zddoodah

    zddoodah Well-Known Member

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    I just looked back and see that you're in Illinois. Why did you attach a photo of a document published by a legal aid source that relates only to Massachusetts? What does any of that have to do with your case.

    Also, you didn't answer "Zinger's" question about why you expect something to have happened only "half a week" after you filed or served whatever it is that you filed or served.
     
  9. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Almost half a week? 3-4 whole days, two of which were the weekend?
     
  10. Tax Counsel

    Tax Counsel Well-Known Member

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    It's extremely unrealistic to expect a response to a request for production of documents in 3 days or less.
     
  11. Purge07

    Purge07 Law Topic Starter New Member

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    Showed up in court and got a continuance, but the op lawyer tried to strike the motion for my request for documentation in which I objected due to Illinois supreme rule 214 subsection A. Plus I know they are hiding the real evidence by pretending to say they are willing to give everything I asked for in the motion.
     
  12. Purge07

    Purge07 Law Topic Starter New Member

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    also had another question, What would happen if the plaintiff tries to create a written contract when none existed? Meaning affidavit says unwritten contract.
     
  13. zddoodah

    zddoodah Well-Known Member

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    "Tries to create" or actually does create? Either way, any number of thousands of things might happen.

    What does "meaning affidavit" mean?
     
  14. Purge07

    Purge07 Law Topic Starter New Member

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    As in the affidavit signed, states an unwritten contract.
     
  15. army judge

    army judge Super Moderator

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    No one can definitively say what any other entity can or cannot accomplish.

    If the other party created the document, and the ALLEGATION could be PROVEN, things might improve for you.

    If, however, YOU couldn't PROVE the other party FABRICATED evidence, your position wouldn't improve.
     
  16. zddoodah

    zddoodah Well-Known Member

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    I still don't understand your question. If someone is claiming a verbal contract exists and you claim otherwise, that's hardly an uncommon situation. If the case goes to trial, then the judge or jury will determine, based on the evidence, whether a contract actually existed.
     
  17. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    I would love to be there if you make it into court. It should be a hoot.

    How in the world does one "tries to create a written contract" if they are stating there is an "unwritten contract"?
     
  18. Purge07

    Purge07 Law Topic Starter New Member

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    As the moderator said, anyone can try to make one but has to be proven that it did not exist in the first place. At least that is what I understand from the mod.
     
  19. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    No one can make a written contract out of a verbal contract unless all parties agree. What the previous member told you was that a verbal contract can be binding.
     
  20. Purge07

    Purge07 Law Topic Starter New Member

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    I have another question, I was wondering whether the act of drafting an incomplete document to the point of not including information required by law, and the alteration of it would be considered? Whether it’s false, fabricated, forged, or tainted?

    False evidence, fabricated evidence, forged evidence or tainted evidence is information created or obtained illegally, to sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/prosecution in a criminal case), or by someone sympathetic to either side.
     

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