Adventures of Darth Daddy

Wednesday, March 08, 2006

I'm still alive

but just barely. Was feeling fine (the kids have colds thouhg) until I go tback fro Aikido practice tonight. A fever came out of nowhere - I got a runny nose, high fever, the chills, and a cough that feels like it is due to hacing swallowed a feather (and it's stuck in my throat). On the way home, I coughed so hard.. how do I put this.....I coughed so hard that my scrotum muscle cramped up. Sorry for the visual - but it was not a happy moment for me either.

The case: The short of it is that it was sent to mediation, and we both dropped our suits.

The long of it is, after a review and contemplation, that I was rushed thru the mediation process, and ended up dropping my suit, but NOT having a detailed list of what I "wanted to get out of this". We signed an agreement that we were simply dropping our case that day. They can sue again..and probably will. On the drive home I realized that I failed to have a Letter of Dissolution of the original promissary note included as part of the mediated settlement. DOH! I feel like such an ass.

On the good foot, I blind sided them with my concerns, as well as all the evidence I had to produce. I didn't show all my cards, but it was faster to do so in mediation than if they had requested a declaration of defense (a letter from me describing why I felt I didn't owe the money). Hell, that could have been a novel by the time I was done.

I will post again, in a while, about what all I had as evidence. Still not sure if they are tuned into this station or not. But let me say that she (they only sent the office manager - no husband, wife or lawyer), and although she walked in with a stack of papers/folders in her hands, all she could produce was the original promissary note and an email I sent (I of course had both of these in my folder as well).

Sun Tsu, in the Art of War stated :
When you are the anvil, be patient. When you are the hammer - STRIKE!

I really feel like I was the friggin hammer, and was still patient. I was armed for bear, they brought a bbgun, and I walked away with a draw.

My current plan. I have left a message for the office manager requesting a letter of dissolution of the promissary note. I also have mailed a copy of this request to them. If I don't hear bacl from them in a few days, I will resend the request via registered mail. If I STILL don't hear back from them, I'll know that they are simply regrouping, and may try this again.

This is where I feel confident. I still have a decent case prepared. I can always add to it. If I don't receive the requested letter within 30 days, I plan to go on the offensive and refile suit against them. It'll cost me $50, but if they crefuse to supply a letter, chances are that they will sue me again anyways. Sun Tsu also said that an army that has control of the battlefield (when and where the battle takes place , has an advantage over the enemy. Doggy barked. SHortly, doggie may bite.

Thanks for ya'll concern, and I'll post more later when I feel better.

Shannon

2 Comments:

  • At 9:28 AM, Blogger jd said…

    So sorry to hear of your illness, Shannon! It seems everyone is ill! That's pretty good news about the suit. Anytime you don't have to pay, it's a good thing.

     
  • At 9:54 AM, Blogger Geoffrey Busbridge said…

    Good for you on the court case. If I were you I might be concerned that if they do sue again they will take you more seriously now that you've fended them off with more power than they expected. If they come back, they may do so with guns blazing. But then again, you know what you're doing and I wouldn't think it's a real problem.

     

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