Beware crooked Mercer!

Discussion in 'Report A BAD Trucking Company Here' started by texasmorrell, Feb 14, 2019.

  1. spyder7723

    spyder7723 Road Train Member

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    They are most likely challenging the subpoena. There is no basis in law that the actual contract with a customer be made available to us. We are entitled to copies of freight bills and supporting documents such as rate confirmations with brokered freight, but not the actual contracts with the customer. This is all spelled out by the fmcsa in the truth in leasing regs.
     
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  3. texasmorrell

    texasmorrell Medium Load Member

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    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.
     
    Last edited: Dec 15, 2019
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  4. Rickp

    Rickp Medium Load Member

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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.
     
  5. texasmorrell

    texasmorrell Medium Load Member

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    WOW! Just wow! I hope no one else reading this thread has as much problems with reading comprehension as you. Skunks stink, ducks quack and flamers flame. Am I right? Flame on, flamer, flame on.

    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 flamer
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  6. Lonesome

    Lonesome Mr. Sarcasm

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    Diplomatic Immunity!
     
  7. omaharj

    omaharj Bobtail Member

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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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  8. Rickp

    Rickp Medium Load Member

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    Im not trying to silence anyone. Im honestly interested in this. Just pointing out some facts that are being ignored in the conversation.
     
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  9. texasmorrell

    texasmorrell Medium Load Member

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    Mercer could learn a lot about honesty and transparency from Prime. This is from the Prime lease purchase program.

    upload_2019-12-15_21-22-46.jpeg
     
  10. spyder7723

    spyder7723 Road Train Member

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    Mercer will give those freight invoices to any contractor with a simple request. Earlier you said invoices don't mean squat, but for some reason prime doing it is "open and transparent".
     
    Last edited: Dec 15, 2019
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  11. texasmorrell

    texasmorrell Medium Load Member

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    They will not give invoices to anyone with a simple request. In fact it was back in February when I asked to see some invoices and the next day they fired me. All I did was ask to see invoices. I had to get my invoices from Mercer only after the court ordered them to do so. They fought giving me invoices for over six months. So you don’t know what you’re talking about. You seem to be doing that a lot today.
     
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