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2212Re: [tips_and_tricks] Re: Re: More bad news, so I need some help.

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  • Richard Johnson
    Aug 5, 2003
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      On Sunday 03 August 2003 19:26, Big Dave wrote:
      " This is what they are asking....
      " Wherefore, Plaintiff prays for judgement against Defendant in the
      " amount of $9,000... plus interest at the rate of 8.oo% per anum from
      " the date of Judgement and thereafter until paid, and the costs of
      " this action, including reasonable attorney fees as provided by G.S. 6-
      " 21.2.
      " Pretty clear, huh?

      Look over the entire complaint _very_ carefully. Does it say on it
      anywhere, anything remotely like "plaintiff has been harmed by the
      defendant by ... "?

      This is crucial. They must show that they were harmed by you and how.
      Most of the time they don't claim that--they only claim a breach--and it's
      one of the easier poits to prove. It alone is usually insufficient though
      since courts are biased toward collecting.

      If they withheld material information, then no contract existed. If no
      contract existed, what was there to breach? If no contract existed, why
      did you pay them money? (Did you?) Do you want it back now?

      Now ... How clear is your concience? Did you get into this mess expecting
      to have trouble? Did you make amistake? Do you have some agreement you
      feel morally obligated to fulfill? You need to decide not only whether you
      are legally justified, but whether you are morally justified. At least I
      had to decide that. Since I'm pretty clear now about how they attempted to
      defraud me, they can't use my "conscence" as a weapon against me.

      Richard Johnson richard@...
      Cuis custodiet ipsos custodes? Cui bono?
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