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(@dmyhill)
Posts: 3082
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@not-my-real-name?ÿ

I agree with Mike Marks that the mediator contacting you like that seems fishy. And, a request of the documents seems reasonable.

 
Posted : 13/07/2021 2:09 pm
(@lurker)
Posts: 925
Prominent Member Registered
 

Don't listen to all of the reasonable posters. Take this delinquent to court and post all of the details on how his argument got trounced so that we may vicariously participate. What's a few thousand in attorney fees when it comes to the enjoyment of your fellow surveyors.

 
Posted : 13/07/2021 2:09 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
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@lurker?ÿ

Yes, it's the principle that matters.

 
Posted : 13/07/2021 2:12 pm
(@holy-cow)
Posts: 25292
 

Here is a quite accurate quote from 1872:

It has been remarked by a wise man that?ÿhe who wrestles with a hog must expect to be spattered with filth, whether he is vanquished or not. This maxim I have long known and appreciated; nevertheless, there are occasions when it must be disregarded. A man may be attacked in such a way that he is compelled to flagellate his hogship, even at the risk of being contaminated by the unclean beast.

P.S. I do have considerable experience with vanquishing hogs.

 
Posted : 13/07/2021 2:39 pm
(@wendell)
Posts: 5780
Admin
 

My question is: what kind of professional qualifications does he have to say that you are wrong?

Sorry, my reply isn't helpful, it just blows my mind how clients think sometimes.

 
Posted : 13/07/2021 3:12 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
Noble Member Customer
Topic starter
 

@wendell?ÿ

I asked this question too in my telephone conversation with the mediator. As another poster suggested, he may be looking at his phone or a GIS application.

 
Posted : 13/07/2021 3:18 pm
(@toivo1037)
Posts: 788
Prominent Member Registered
 

Skip court, file a lien.?ÿ Eventually they will want clear title.

 
Posted : 13/07/2021 4:16 pm
(@bill-c)
Posts: 260
Reputable Member Registered
 

Since reading the original post, I've been wondering if this "mediator," who has seemingly come out of the blue, is a friend of the client. Could this be an attempted con?

 
Posted : 13/07/2021 4:32 pm
(@holy-cow)
Posts: 25292
 

@toivo1037?ÿ

Go to court.?ÿ "Now" trumps "someday" by far.

 
Posted : 13/07/2021 4:35 pm
(@holy-cow)
Posts: 25292
 

It definitely smells like one.

 
Posted : 13/07/2021 4:36 pm
not-my-real-name
(@not-my-real-name)
Posts: 1060
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Topic starter
 

@bill-c?ÿ

I didn't think so until suspicions were raised here on this thread. When I filed with the court back in April of this year, the notice I got back from the court included the date for the trial and a note about the mediation process. The court mentioned this specific mediator as an alternative resolution.

 
Posted : 13/07/2021 5:44 pm
(@skeeter1996)
Posts: 1333
Noble Member Registered
 

@bill93 There is nothing for certain in Court. Usually the best Liar wins. I was lucky, the Deadbeat died and his estate paid me my fee plus 7 years of interest.

 
Posted : 13/07/2021 6:41 pm
(@skeeter1996)
Posts: 1333
Noble Member Registered
 

My mediation lasted about 10 minutes. The Mediator came back to me and said "You're not going to get anywhere with this guy!"

 
Posted : 13/07/2021 6:45 pm
(@nate-the-surveyor)
Posts: 10522
Illustrious Member Registered
 

You can go and pull all the monuments you set.

N

 
Posted : 13/07/2021 8:00 pm
 jph
(@jph)
Posts: 2332
Famed Member Registered
 

From my limited experience in court, (and this might not be the same where you are), the court definitely wants you to work something out among yourselves.?ÿ But in absence of a mutual resolution, a court date is set.?ÿ I see nothing in what you wrote that would necessitate a forced mediation, but what do I know

I'm reading stuff about lawyers, but I'd assume that this is small claims court, so lawyers aren't necessarily needed.

 
Posted : 14/07/2021 4:11 am
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