i had my response to my divorce summons all ready to go. i go to the post office. pay for certified, next day service guarenteed by 3:00pm the next day. i send one packet to the lawyer and one to the court.
i just got the certified receipts today in the mail. the lawyers is dated fine. the packet to the court has the following days date on it which is one day to late.
am i screwed? does the court go with the default judgement because my papers were "late"? can i sue the post office for damages caused to me because of them failing to deliver the package? or am i ok because i had certified next day service and the court recognizes this and im ok?
anyone? i will find out of course on monday morning first thing...but i just want to get my game plan going now instead of reacting to this on monday. FYI:the court is in missouri.
2007-04-28 14:25:28 · 4 answers · asked by justafunguynfl 1 in Politics & Government ➔ Law & Ethics
as of now i have no attorney but i am considering one to handle the remainer of this case and to file a marital tort against my ex.
2007-04-28 17:40:24 · update #1
Normally a petition of this kind is considered to be filed on the date that it was posted to the US Mail; thus you are safe.
If the court argues about it then you can show them the certified next day mail receipt as proof that you made a "best faith attempt" to get the documents to the court on time.
No you can't sue the Post Office for delivering the documents too late. The Federal Government will disallow the suit, and they have to power to only allow those lawsuits they want to come to trial.
In the final analyses your lawyer will be the person who knows best what will happen. As a rough guess you will be all right because you tried, to compile with the orders give to you.
Of course if your petition is not accepted then you will have to have the lawyer iron out the problem.
2007-04-28 14:49:47 · answer #1 · answered by Dan S 7 · 0⤊ 0⤋
Were you simply filing your answer to the Petition for Divorce? Are you acting as your own attorney? When you are sued for anything, even divorce, you have a period of time (as you know) to respond to the complaint or petition. It is usually 30 days. The answer is due on or before the hearing date set forth on the summons. If you were filing something of record and not required to personally appear in court, you should be fine - especially since the opposing counsel received his copy of your answer. If you were supposed to file your answer AND appear, and you did not appear, then you have an issue.
2007-04-28 14:38:42 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Most of the government offices go by the "postmarked" date, so most likely you're fine.
Now...stop thinking about suing someone, you have too much to handle right now with your divorce, calm down, breath and you'll see things more clearly.
2007-04-28 14:52:00 · answer #3 · answered by fun 6 · 0⤊ 0⤋
I enjoyed that one! 3 adult men are sitting right down to a lager in a pub, A British guy, an American and a Canadian. whilst the beer arrives the beer has a fly floating in each and each of their glasses. The British guy pushes the beer away and walks out. the yank plucks the fly out of the glass and starts off eating. The Canadian innovations up the fly and holds it over the glass and says "Spit it out you little bastard, spit it out!"
2016-10-14 01:19:38 · answer #4 · answered by lints 4 · 0⤊ 0⤋