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Because I'd like to be able to charge people a ONE HUNDRED TWENTY-FIVE DOLLAR adminstrative fee for a mediation that DIDN'T HAPPEN.

No, I actually have no interest whatsoever in doing said job. And I do understand that they're potentially out the money they could have made by scheduling another mediation at that time. But dayum.

Meanwhile, my job? Is breaking it to my client that they get to shell out said admin fee because the debtor -- who has, mind you, been making noises about filing bankruptcy since before the court ordered the $#@*%&# mediation a couple months ago -- finally bothered to actually do so two days before. (Yes, I said "court ordered." As in, they had no choice but to schedule the mediation and make arrangements to attend it, even though it's been pretty clear for weeks that it probably wasn't actually going to happen.) They're probably out some sort of cancellation penalty on the witness' airfare too. All for a case where they'll never see a dime of the $10K+ this joker owes them.

Yay.

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( 4 comments — Leave a comment )
(Deleted comment)
wiliqueen
Aug. 21st, 2008 07:03 pm (UTC)
Nope. But I figure they'll wait a year or so and try again, just like the last couple times. So there's hope of further installments of the saga. *rueful headshake*
kirkt68
Aug. 22nd, 2008 12:47 pm (UTC)
If the mediation was court ordered, then one option is to file a "Show Cause" motion against the individual/organization. They will then have to defend themselves to the judge as to why they should not be held in contempt for defiance of a court order.
wiliqueen
Aug. 22nd, 2008 01:34 pm (UTC)
*nods* Which is why we had to go ahead and make the arrangements for our witness to be there, even though every indication for weeks was that the debtor was going to file bankruptcy first, thus cancelling the mediation.

It's still better than if client had actually shown up and debtor hadn't. But their being stuck with the mediator's bill for the eleventh-hour cancellation because the debtor couldn't be bothered (or possibly, couldn't afford, but still) to actually file the bankruptcy until Monday when the mediation was set for Wednesday? Bites.

I'm actually kind of surprised they got it done then. If they had just not shown up, and we'd bothered to file the motion, it wouldn't have mattered much, because if they have no attachable assets, they don't care what the court says. And we've known that for ages, but client is an insurance company and has to show their auditors that they've done XYZ due diligence to try to collect. Everyone involved at my level would love to have said "This is dead, let it go" at least two months ago, but couldn't do it until the bankruptcy was actually filed.

It's not the first time I've had to explain to a creditor who just wants the money they're owed that they're going to have to pay yet more to not get it. Somehow, it doesn't get any more fun...
( 4 comments — Leave a comment )

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