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i filed a motion to compel for a document of defendant with an order to compel... do i wait for the court to decide/rule or do i mail a copy/ with order? in meantime to defendant? Will court mail me a decision either way...
ma'am on the same type ques. I have a subpoena to be issued to a 3rd person for a document also. if they fail to reply in time is the same process followed with the motion to compel them, giving them 10 more days.
the ques. still is do i need followup with the motion to compel giving them more time as i just did for the 1st ques. of defendant. or how would i get the judge to act? SEE i actually did serve it but i forgot the certificate of compliance also the notice to he other party...oops.they diidn't comply for 2 mos. now but i believe that subpoena invalid...right? so i will reissue it and have given notice to defendant for objection and also a waiver request. The ques. is they wouldn't have known of my mistake even though it is to a Co.'s legal dept. What reason for them to test the court if not for the compliance cert. I didn't mail.
ok, the 1st subpoena is invalid,right? 2nd ques for the defendant to file an objection to my motion... he is given how long a time to file the objection that i mailed today...what 10 days?
hello, rule 4009.27 cert. is only for the other party on subpoena not another entity? really... so i may go ahead enforcing it without notifying the defendant of it and take my chances before the judge. a contempt of court filing would be written... by an order to the court, as Failure to Respond to a Subpoena for documents & things and then what... say..they have failed to comply to a subpoena in due time and ask the court to instruct the legal dept. of G.M. to comply promptly or risk being cited for contempt of court in its failure to honor it? I feel i may have a legal angle to get them to act appropriately...they should no better! is there a pa. rcp to follow or can you expound.
sorry for the mixup. company is general motors. they're legal dept.is in detroit. i'm in pennsylvania. ques. to you is defendant is a car dealer that offered a $2500 discount on a used car purchase to loyal customers via a mailer in writing. when i made an offer they said i needed to buy a car over $12,000, this car was $9,350. though salesman said i'd still get the discount... so i didn't buy the car and sued for breach of contract and unfair trade practices for the 2 1/2 thousand. again what do you think of my chances since i didn't actually spend $ and get a car so there is no actual loss, no transaction... that is the main issue...isn't it... FIY, furthermore their head manager said in small claims that he'd honor the discount no minimum price required. i'm just asking an opinion
no the salesman promised me the discount because i asked if he would prior to getting the price. a manager stepped in when he gave me the price and said no to discounts...he apparently didn't know the rule and i thought the dealer may have made it up on the spot to not discount the car. i was confused. the salesman and head manager both said in small claims no manager stepped in with this price requirement. and no the mailer had no written terms etc. implying all used cars were eligible as said their head manager at 1st trial. So you are saying the dealership is not bound to the mailer's discounts for breach of contract...to me the contract is between me and the car dealer not a printer/advertiser
under what terms would my claim be....we filed under breach of contract, unfair trade practices and consumer protection law UTPCPL they promised thru written and verbal agreements. Only thing in 1st trial the manager stated the car they gave me a price on was not for sale,just arrived, and therefore no price was ever given to me. the salesman said he had no recall of any thing other then i wanted a price of cars i did look at.He was upset with that of me. we test drove the car yet it wasn't for sale...is there any sense to that as a fact.