formerpara Posted March 30, 2011 Report Share Posted March 30, 2011 Long story short.......I filed amended answer, defenses & counterclaim with the court on 3/8/2011. Clerk doesn't know the rules or how to read, so they sent my counterclaim back, but I informed them of their mistake and they filed it on 3/18.Sent copies to Midland by usps first class certified rrr on 3/8 and included discovery requests and requests for admissions at the same time. The post office still hasn't delivered to Midland and there is no information online when I go to track and confirm. I called the usps and they are "investigating."BV80, SingleDadJames or anyone else with experience out there what should I do? I haven't received the green card back and want to make sure they get my stuff.All the advice you have given me so far has been awesome.Thanks in advance. Link to comment Share on other sites More sharing options...
SingleDadJames Posted March 30, 2011 Report Share Posted March 30, 2011 (edited) Long story short.......I filed amended answer, defenses & counterclaim with the court on 3/8/2011. Clerk doesn't know the rules or how to read, so they sent my counterclaim back, but I informed them of their mistake and they filed it on 3/18.Sent copies to Midland by usps first class certified rrr on 3/8 and included discovery requests and requests for admissions at the same time. The post office still hasn't delivered to Midland and there is no information online when I go to track and confirm. I called the usps and they are "investigating."BV80, SingleDadJames or anyone else with experience out there what should I do? I haven't received the green card back and want to make sure they get my stuff.All the advice you have given me so far has been awesome.Thanks in advance.Forgive me if this is a stupid question, but I keep reading that you sent things to MIDLAND. Are you sending legal paperwork to Midland Funding or are you sending it to their attorney. You should be sending things to the Plaintiff's attorney and not to Midland directly. I'm 99% sure you are likely doing things correctly, and I don't mean to offend you, but I can't assume anything! If you are sending the documents to Midland directly rather than their attorney I'm sure there could be MANY reasons why they aren't receiving them or signing the green card. It's too easy for them, and their attorney, to play dumb in that instance.If you are sending paperwork to the attorney's office then I'm not sure what to tell you. It could be a podunk attorney's office where noone is "in" when the mail is delivered. Generally in those instances the attorney's office would get a card informing them they have a CMRRR item that they need to sign for. They then have the option of picking up the item and signing for it at the post office or telling the USPS to attempt delivery again. Usually the USPS attempts to deliver the item 2 or 3 times before throwing in the towel. That little game can go on for a few weeks. In the end you should either receive tracking/confirmation info that it was delivered and signed for or it will be returned.If it is an issue where you waited until the last day allowed to mail a response then check your rules of civil procedure regarding service via mail. I know ours in MI specifically say that service via mail is deemed complete at the date and time the item was mailed (left at the post office or physically placed in the mail box). If you have proof (which you should via CMRRR) that you mailed an item at such and such day and time then you MIGHT be able to argue you timely served the document via the court's rules. It's not really your problem if the post office screws up, this is especially true if you mail the item via a second method such as 1st class mail or priority mail with delivery confirmation to further prove you've served the document via the mail.The other option is of course that the USPS lost it. Although rare, it can and does happen. The USPS loses mail from time to time. I'm assuming the attorney is local...you can always personally serve the paperwork to their office. Check your rules of civil procedure.You can also send the paperwork again via first class mail/priority mail with delivery confirmation. If it's an issue of the attorney not wanting to sign for the package or not being able to pick it up at the post office, you can send it via the other forms of mailing I mentioned and they won't have to sign for it. This is a sort of "backup" method to get around them refusing to sign while they pretend they aren't refusing to sign. If you send via First Class or priority mail they really don't have the option of NOT taking delivery. It just gets delivered and you get delivery confirmation from the USPS which you can show the court. Delivery confirmation from an alternate mailing method along with whatever comes of the CMRRR mailing should show the court you served them the paperwork. Let them explain to the court how it is they failed to receive two separate mailings (one which the USPS confirms was delivered). That being said, I've never had an attorney, or even a CA, refuse to sign for something sent CMRRR. I'm sure it happens...I just don't think it's all that common. (Particularly with attorneys) Edited March 30, 2011 by SingleDadJames Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 30, 2011 Report Share Posted March 30, 2011 Yeah, I was just about to post the same things SDJ is. You are not sending these items directly to Midland right? You are sending them to the attorney that is representing Midland I hope? Link to comment Share on other sites More sharing options...
formerpara Posted March 30, 2011 Author Report Share Posted March 30, 2011 I should have been more clear. I sent it to Midland's attorneys. I will re-send it tomorrow by expressmail just to have piece of mind. Do I need to amend my COS with the court? Link to comment Share on other sites More sharing options...
SingleDadJames Posted March 30, 2011 Report Share Posted March 30, 2011 I should have been more clear. I sent it to Midland's attorneys. I will re-send it tomorrow by expressmail just to have piece of mind. Do I need to amend my COS with the court?Well we were pretty certain of that..but we wanted to be 100% sure that you weren't sending things to the plaintiff directly instead of their attorney.I don't know that express mail is necessary. It might cost you around $20.00 via express mail and I THINK you could accomplish the same thing with priority mail and delivery confirmation. Priority mail should take around 2-3 days, but if it's a local attorney it would likely arrive the next day. You'd then get delivery confirmation. You can accomplish all of that with a priority flat rate envelope for about $5.00 at the local post office. I think you can request signature confirmation for around another $2.00 but if they are truly dodging signing for it then it's a waste of money anyway.Regarding ammending your certificate of service, I don't think that is necessary or wise. If you truly mailed the CMRRR envelope timely and to the correct address you may have met your service requirement via mail right then and there (see my edited post above where I mention looking into your rules of civil procedure on what it says about WHEN service via mail is complete). Your CMRRR receipt and COS back this up. You DID mail (i.e. served) the document on the plaintiff when you said you did in the COS ....whether or not the plaintiff received it should be irrelevant right now. Until your CMRRR gets returned to you as refused/undeliverable I wouldn't worry about it. Except if it were me I may consider sending it again via an alternate method IF I truly suspected I needed to cover my arse. Link to comment Share on other sites More sharing options...
formerpara Posted March 30, 2011 Author Report Share Posted March 30, 2011 I am of the same mindset about covering my arse!!!! Also, I served them Discovery and requests for admissions at the same time. I wanted to paper them to death. I think I will take you advice and send it priority mail but certified like last time. The post office is going to refund my $$$ since my other CMRRR is "lost" according to them. Link to comment Share on other sites More sharing options...
tempteroffate Posted March 30, 2011 Report Share Posted March 30, 2011 Just another thought. If you think they're being dodgy about signing for mail, send a second copy just regular mail. I usually do this by purchasing the postage at the post office so I have a receipt. Make a note of it. Then if the CMRRR one comes back unsigned/refused, you can present evidence that you also sent a secondary copy that did not need to be signed for. It's a lot like their dunning letters or various other letters they may send to you regular mail that they have no proof of but their own internal records, but I figure if those stand up in court, your secondary copy should as well. In fact, in a dispute I had with my landlord last year, the statutes said to send two copies like that, one CMRRR and one first class. Link to comment Share on other sites More sharing options...
hopefulscambeater. Posted March 31, 2011 Report Share Posted March 31, 2011 More costly BUT when they refuse to sign for CMRRR , you can always send UPS or Fedex , they receive so many packages they don't think twice and IF your counter includes recoup of your costs it will likely cost THEM for refusing- kinda sweet when you think about it Link to comment Share on other sites More sharing options...
formerpara Posted March 31, 2011 Author Report Share Posted March 31, 2011 I'm actually going to take everyone's advice. I will send it again regular mail and get a receipt at the post office, then I will send it Certified priority mail RRR to start with. I might also fax it to them if I'm in the mood. Would all of this be considered harassment?LOL Link to comment Share on other sites More sharing options...
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