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Plaintiff returned my interrogatories envelope. empty!


Calico
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OK. So I am the defendant in a debt collection lawsuit. I sent my verified interrogatories, affirmations and demand for documents along with proof of service. The empty envelope was returned to the "proof of service" person with a stamp claiming the envelope arrived empty. The empty envelope was obviously opened, because they taped it closed. I am 100% positive the envelope contained all docs and I was with my "proof of service" person when she mailed them at the post office. What do I do about this? I am dealing with Portfolio Recovery Associates LLC. Thanks for all help! Calico

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Resend them again and add this at the start of the first page:

"SECOND REQUEST. RESPOND IMMEDIATELY."

Then file a Motion to Compel Plaintiff to Respond to Defendant's Discovery Requests. Let the court know you served one copy already and received no response and have now sent a second request. Don't mention anything about the empty envelope. Let them go down that path, and then request a hearing to have your person come testify about what was in the envelope when it was put into the mail.

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Do you have anything in your possession that would confirm the weight of the envelope at the time it was mailed?  This could be in the form of a USPS receipt or the postage affixed to the envelope.  If you have a tracking number, you could also check to see if the tracking information for the item includes the weight.

 

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Thank you for your responses,

As it turns out, seems my mail was ripped open by a sorting machine at the post office of delivery. I have re sent my mail to Plaintiff overnight delivery along with a copy of the original proof of service, and another prrof of service for this mail. 

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