Okay........there is no subpoena. I don’t know how that even got started. Subpoenas are sent to people not a party to the suit. I sent Mercer a request for production of documents. Next, they absolutely must show me the contract, rate confirmation, freight bill, etc etc. it doesn’t matter what you call it. It’s the document signed by both parties stipulating what the load will pay. The TLA refers to the “freight bill or other documents”. Next, you don’t need a “basis in law” to request any documents in a civil case. I can request Mercer’s telephone bill from October 1993 and unless they can show good cause they must give it to me. In short I can request anything I want, law or no law. You have posted wrong information several times today. Please stop hijacking my thread. I’m trying to educate people here.
Beware crooked Mercer!
Discussion in 'Report A BAD Trucking Company Here' started by texasmorrell, Feb 14, 2019.
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Ill be glad to see the outcome of all this but i cant jump on the david and goliath aspect some are pointing at. The op didnt go after mercer for cheating people. From reading the posts, here and another thread, he left mercer with the intent of absconding with their property and has admitted now to doing so. The countersuit for pay came about only after they sued to get their property back. Dont know the details that have come up in court but so far we have allegations (if he had proof he wouldnt need to subpoena docs) of wrongdoing by mercer and confession of stealing a trailer by the op. If he can get proof of their wrongdoing it will be an interesting day.
back street slider, bryan21384, roshea and 1 other person Thank this. -
EDIT: I wanted to ignore your post because it seems to have ignored all the facts in the thread up to this point. But I feel if I do that it’s only going to confuse future readers. So it is imperative that I point out and correct the many flaws in your posting.
First, you are correct I didn’t go after Mercer for cheating people. I went after Mercer for cheating me. That is very clear in my court filings.
Second, I didn’t leave Mercer. Mercer terminated my contract prematurely. I was fully intending to stay with Mercer until my trailer was paid off and then I was going to leave the next day.
Third, I did not abscond with Mercer’s trailer and I did not admit to doing so now. My trailer is owned by Wells Fargo equipment finance. Mercer is nowhere on the title or on the registration of the trailer. So it is not Mercer’s trailer. I also have in my possession a still valid purchase contract agreement. I have also committed no act of default of the purchase contract agreement and I have never missed a payment. So putting all these facts together it is clear I did not abscond with anything. And up until this point the court agrees with me. Here it is almost a year later and I still have my trailer.
Fourth, I did not subpoena anything from Mercer. Mercer is a party to this case so they do not get subpoenas. During the discovery process they get requests for documents. In order to prove my case I must show the court documents that prove Mercer was not paying me my contracted amount. So I do in fact need to request documents from Mercer to provide to the court. These documents I request from Mercer are in fact the proof you say I need but don’t have.
Your post clearly shows you know absolutely nothing about the civil court process. Everyone would be well served if you would withhold your opinions unless and until you educate yourself. Statements like yours only confuse those people who are trying to learn.Last edited: Dec 15, 2019
Reason for edit: Extinguish a flamer77fib77, PoleCrusher, Eldiablo and 6 others Thank this. -
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Why aren't the mods going after the people attacking the op? Decent people want to know. Is it okay to claim the op is a bad faith actor REPEATEDLY without evidence? There is a concerted effort by a few members here to silence the OP. This thread, minus the trolling, is one of the best ever in this forum. IMHO
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spyder7723 Thanks this.
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Mercer could learn a lot about honesty and transparency from Prime. This is from the Prime lease purchase program.
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Last edited: Dec 15, 2019
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Eldiablo, jsnell, drvrtech77 and 1 other person Thank this.
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Guess I'm special. They always got me a copy with in a couple minutes whenever I spot checked them.
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