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lisser

Problem with sending something certified

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Hi all,

I'm having an odd issue....On August 30th I mailed copies of my filed MTC/or in the alternative stay pending outcome of arbitration certified. I keep checking everyday on USPS to see that they've been delivered well they just keep saying it was accepted at my post office at 4pm on August 30th, nothing else. So today I call my local post office branch and they tell me not to worry until Wednesday. Well I've got a hearing on Thursday!

I called my District Court Clerk, who I absolutely adore! (she's so nice!) and told her what's going on. I filed the paperwork with her and included in my paperwork a certificate of service and I have my certified mail receipts. She told me that I should probably re-mail copies of the paperwork just regular mail bc maybe they are just refusing to sign for it. I guess I'll go and do that right now. She said worse case scenario is I show up on Sept. 9th with my receipts, show the judge and he maybe grants my MTC or my motion to stay!! Wouldn't that be hilarious!! I know it's far fetched but a girl can dream :)

What do you all think about this certified mail glitch? I wouldn't think much of it if it were just one of them not getting there but both say they were accepted at my local branch. One's going to Salt Lake City, UT and the other just across the river to Cincinnati.

Chime in :)

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Call 1-800-ASK-USPS and kindly ask the representative to initiate an investigation.

They told me not to worry about anything until Wednesday and then they could try and locate it.

I'm just going to re-mail regular mail like the clerk told me. I'll have both receipts to show the judge, worse case is that he says come back on another day.

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Take your receipt with you that shows that you actually delivered the mailings to your post office. Bring an extra copy of your motions for the opposing parties to give to them at the hearing. This is your good faith.

If the opposing parties say that they need time to read the motions then the judge will grant a continuance.

If they don't show, I'd ask for dismissal without going into the new motions. The judge may want to give the other party a chance to read the new motions if you brought them up and issue a continuance.

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This is not a glitch. May times certain organizations (and even people) refuse to sign for mail that was sent CMRRR in hopes that they will not be held responsible. That is not true however. Refusal so sign is considered by the courts as having received the item.

Otherwise, the FDCPA would have no teeth in it and even the IRS would not be able to perform their functions if people could get out of the consequences by simply refusing to sign for mail.

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Guest usctrojanalum
That is not true however. Refusal so sign is considered by the courts as having received the item.

Yes, if you follow it up with a regular mailing.

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Just sent it regular mail. I think this will be sufficient if the judge wants to see. I have my certified certificates and both receipts.

Hearing on September 9th. Wish me luck!

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