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Zinnia

Coronavirus lockdown , 'lost paperwork'

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An arb case was filed against me in February. It was actually an appeal for the case I won. I filed in early March a Motion to Compel and had a scheduled hearing at the end of March. I received a "Praecipe to discontinue action pursuant to PA.R.C.P.229(a)" a week before the hearing. 

Lockdown started around March 15th.

In May, I received a 'Rescheduled Hearing Notice' for July. Assuming the paperwork was backed up, I gave it a month before calling to confirm it was indeed a mixup.

I call today and was told they hadn't received any paperwork whatsoever besides my Notice to Appear back in February. No record of me having filed a Motion and most importantly, no record of a Discontinuance.

I have all the documents to prove this. I would've thought their lawyers would've take care of this, but they didn't. What should I do now? 

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Your post is very confusing.  

Who did not get the documents?  What documents were they?  Were these documents sent by regular mail or email?  If sent by regular mail, were they sent CMRRR?

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2 hours ago, BackFromTheDebt said:

Your post is very confusing.  

Who did not get the documents?  What documents were they?  Were these documents sent by regular mail or email?  If sent by regular mail, were they sent CMRRR?

It's fairly straight forward, everything was in order as it should have been prior to the lockdown. 

I filed a motion, hearing date was set, LVNV sent me a copy of their Praecipe to Discontinue Action two weeks later and I assumed that was the end of it.

The courts sent me a rescheduled hearing date two months later, even though it was supposed to be 'discontinued'. And somehow now the court clerk is saying they don't have any of this information. No motion filed by me, no other documents besides the original complaint.

I have the letters, the copies of my motion stamped by the court, all the registered mail stubs and their discontinuance letter.

I didn't have a motion hearing, lockdown canceled it. But LVNV discontinued their appeal before the set date anyway, so it wouldn't have happened regardless..

The clerk said "it could be in a mail pile somewhere" but LVNV mailed it three months ago. I don't know what to do now? 

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20 hours ago, Zinnia said:

It's fairly straight forward, everything was in order as it should have been prior to the lockdown. 

I filed a motion, hearing date was set, LVNV sent me a copy of their Praecipe to Discontinue Action two weeks later and I assumed that was the end of it.

The courts sent me a rescheduled hearing date two months later, even though it was supposed to be 'discontinued'. And somehow now the court clerk is saying they don't have any of this information. No motion filed by me, no other documents besides the original complaint.

I have the letters, the copies of my motion stamped by the court, all the registered mail stubs and their discontinuance letter.

I didn't have a motion hearing, lockdown canceled it. But LVNV discontinued their appeal before the set date anyway, so it wouldn't have happened regardless..

The clerk said "it could be in a mail pile somewhere" but LVNV mailed it three months ago. I don't know what to do now? 

The ONLY time I sent something in the mail but forgot to send it CMRRR was to an attorney who claimed never to haze gotten it. That is why I asked. 
 

In your case, I would resend everything to the court.  Better still, deliver it by hand if at all possible.  Include a notarized statement that you mailed everything earlier, and when you mailed it.  

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22 hours ago, BackFromTheDebt said:
 

The ONLY time I sent something in the mail but forgot to send it CMRRR was to an attorney who claimed never to haze gotten it. That is why I asked. 
 

In your case, I would resend everything to the court.  Better still, deliver it by hand if at all possible.  Include a notarized statement that you mailed everything earlier, and when you mailed it.  

Oh, I understand! That's why it's frustrating, everything actually is there.. somewhere.

I've never heard of whole entire case files going missing.. Especially a withdrawal of a case! The clerks aren't helpful at all. Do you think taking in their discontinuance letter would be enough? 

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