Certified Mail...

[Pearl72]

What is the name of your state? Colorado

My ex filed papers last week, and in return, i filed mine a few days later. He sent his regular mail in which i got in a few days, and i had sent mine certified with return reciept. They left a notice, and he has yet to still pick it up. I was just wondering if he refuses to pick it up -- can i use that stating that i tried to serve him papers in response - I am thinking that he is stalling or not going to pick this up for whatever reason. I was told that i could do delivery confirmation, but that it wouldn't hold up in court? What should i do? I want this to get going, and no more stalling...

 

[Ohiogal]

What you can do is do a praecipe asking that the Clerk of Courts do service. The Certified mail is proof (do not open it when it is returned to you) but in the future instruct the clerk of courts to serve him anything. That way they will do a CRRR and if he doesn't pick it up THEY will send it regular mail (and note it on the docket when they do so).
Did you attach a certificate of service to what you filed stating how you were doing service? If you state in that how you are serving him, then most courts will take that as proof as that is a legal document.

 

[nextwife]

Just curious - Do his work hours/locations allow him to get to the local post office during the hours they are open?

 

[Pearl72]

Yes his hours allow him to go to the post office. He comes and goes as he pleases for the most part. I think he is just avoiding it, to state that i didn't reply to his motion, and then he thinks he will get what he requested as he didn't get a reply from me.

 

[Ohiogal]

Did you file an answer with the clerk of courts and follow the rules of civil procedure? If so then he cannot state that you didn't answer him.

 

[Pearl72]

Yes i filed with the courts, and sent via mail as i had stated in the certification with the clerk. Postage prepaid. Just did the certified to make sure he did get it. He has claimed in the past that he didn't get any information ie papers etc before... so i was just making sure i had documentation this time.

 

[NoDiggety]

Yes i filed with the courts, and sent via mail as i had stated in the certification with the clerk. Postage prepaid. Just did the certified to make sure he did get it. He has claimed in the past that he didn't get any information ie papers etc before... so i was just making sure i had documentation this time.

In addition to the other suggestions, what I have done is served them both simultaneously via the USPS -- one regular US mail/first class and the other Certified Mail. You should note BOTH on your Certificate of Service in your court filings.

Unless the first class/regular one is sent back to you (i.e. incorrect address and the like), it is presumed the person received it. So, if he wants to not pickup certified mail (and many people do not) and you also mailed it regular, he can't claim "he didn't get it." Just another option...