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general proof of service template (not filed with court)


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I was advised to keep POS on EVERYTHING filed with the JDB, including discovery, but that these should NOT be filed with the court.

 

in correspondence from JDB i see generic proof of service letters where they hand fill in the date it is mailed, etc. like what i have below. was hoping someone had this so i wouldnt have to type it all out (if not, i will flush the following out, and share):

 

STATE OF CALIFORNIA, COUNTY OF XXXXXX

 

I am a citizen of the united states, 18 yrs old, etc....

 

on Mar _____, 2013, i served the following docs:

(list of docs)

 

on the interested parties to said action by the following means:

_X_ (by mail) by placing a true copy thereof......

 

i declare under penalty of perjury...

 

executed on March ____, 2013 at ______________

 

(signed)

 

Name and address of person served:

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Right. Generally, that kind of stuff need not be filed with the court as a matter of course. Every document exchanged by the parties should have a certificate of service, evidencing service on the other party. From your perspective, "proof of service" becomes important on this inevitable occasions when debt collector/attorney lies about receiving document. 

 

In those cases, you can fill out all the self-serving affidavits you want, but the other side is simply going to claim they didn't receive it. If you really want to amass proof that the other side received something, you'll need to supplement with some kind of delivery confirmation. I don't necessarily recommend green card (they can simply decline to accept). Simple delivery confirmation is my choice. Even if other side throws it in garbage, you can still prove it was received. Don't be surprised however, if despite your efforts at record keeping, a judge still cuts the other side a break when the claim not to have received something (especially if other side is lawyer and you are not). It's not fair, but it is what it is.

 

(On this subject, I recall an instance a couple years ago where debt collector attorney received discovery documents in the mail and answered all except for the last question (which happened to be on its own page). That particular question, if I recall, required debt collector to disclose information very damaging to his case. So, attorney simply claimed he never received that page - he got all the other ones, just not that one.)

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Here is a simple template I have used. Edit to fit your parameters:

 

 

 

THE CIRCUIT COURT OF THE STATE OF OREGON

 

IN AND FOR THE COUNTY OF COLUMBIA

Case No.: 99999

 

 

CERTIFICATE OF SERVCE

 

 

I reside in the County of Columbia, state of Oregon.  I am over the age of 18 and a party to the within action; my business address is 1234 Airport Way, Cirrus, Oregon 97200.

 

On March 15, 2012 I caused to be served the foregoing documents described as Defendants Answer to Complaint with Affirmative Defenses on the following persons:

 

 

 

HARRINGTON ANDERSON & DEBLASIO

PO BOX 12669

PORTLAND, OR 97212

 

 

by placing a true and correct copy thereof duly certified to be such by me, in a sealed envelope, and by depositing the same with the U.S. Postal Service postage prepaid, on the date stated below.

 

 

 

 

I declare under penalty of perjury under the laws of the State of Oregon that the above is true and correct.

 

 

Dated March 15th, 2012   

 ___________________________

 Huey Pilot

 

 

 

 

The foregoing is a certified true copy of the original documents provided.

 

____________________________

                                                                                                Huey Pilot

 

 

Page - 1- CERTIFICATE OF MAILING

Case No. 999999

Certificate of Service Template CIC Forum Template.doc

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note that this says " I am over the age of 18 and a party to the within action"

 

and i believe it should say *not* a party

Yes it should say "not" a party to the case, (and is to be signed by someone else). Rivertime gave you the links to the POS, it's  just a basic form. I believe one of the links is the POS-30 form which works fine and is ready to go, mistake free, and easier than using pleading paper everytime you need a POS.

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