What is the name of your state: California (only U.S. law)?
My question has to do with returning paperwork from the opposing attorney. I know that paperwork must be filed with the court within 30 days of receiving it, but recently the opposing attorney sent me (I'm representing myself in a false debt collection) 1. request for admissions and 2. request for production of documents for inspection and copying within 30 days.
Signed & dated by the attorney on 3/30/17.
Proof of mail service signed & dated 3/31/17.
This was sent through the US Post Office and not hand delivered by a Processor. It was also sent with no signature required for proof of delivery. So, it probably arrived around 4/2/17 or 4/3/17, the problem is that the USPS didn't place it in my mailbox due to the size of the legal envelope (I live in a condo and the mailboxes are very small) so USPS placed it under my welcome mat but no part of the envelope was sticking out of the welcome mat so I had no idea that it was even there as the envelope wasn't very thick and not noticeable under the welcome mat. Unfortunately for me I didn't notice it under the welcome mat until an Amazon box was delivered on 4/13/17 which was also placed under the welcome mat. So, of course when I picked up the welcome mat to pick up the Amazon box I was the envelope from the opposing attorney.
So, do I have 30 days to return the requested paperwork from the date it was mailed on 3/31/17 or is it 30 days from when I actually had the paperwork in my hand on 4/13/17? I'm asking this because on 5/5/17 I received an envelope that this time was delivered by an actual delivery company. The paperwork that I received on 5/5/17 states that I have to go to court on 5/25/17 for a hearing regarding mandatory monetary sanctions in the amount of $60.00 for failure to produce the required documents. It might be my mistake but since I didn't actually have the first request in my hands until 4/13/17 I was planning to send them back within the 30 days starting on 4/13/17. After I did receive the notice on 5/5/17 I did send the requested documents to the opposing attorney the following day.
When I go to court for the sanctions hearing on 5/25/17 do I have a valid defense that I thought I had 30 days from 4/13/17? Any suggestions on how to argue this point would be greatly appreciated.
My question has to do with returning paperwork from the opposing attorney. I know that paperwork must be filed with the court within 30 days of receiving it, but recently the opposing attorney sent me (I'm representing myself in a false debt collection) 1. request for admissions and 2. request for production of documents for inspection and copying within 30 days.
Signed & dated by the attorney on 3/30/17.
Proof of mail service signed & dated 3/31/17.
This was sent through the US Post Office and not hand delivered by a Processor. It was also sent with no signature required for proof of delivery. So, it probably arrived around 4/2/17 or 4/3/17, the problem is that the USPS didn't place it in my mailbox due to the size of the legal envelope (I live in a condo and the mailboxes are very small) so USPS placed it under my welcome mat but no part of the envelope was sticking out of the welcome mat so I had no idea that it was even there as the envelope wasn't very thick and not noticeable under the welcome mat. Unfortunately for me I didn't notice it under the welcome mat until an Amazon box was delivered on 4/13/17 which was also placed under the welcome mat. So, of course when I picked up the welcome mat to pick up the Amazon box I was the envelope from the opposing attorney.
So, do I have 30 days to return the requested paperwork from the date it was mailed on 3/31/17 or is it 30 days from when I actually had the paperwork in my hand on 4/13/17? I'm asking this because on 5/5/17 I received an envelope that this time was delivered by an actual delivery company. The paperwork that I received on 5/5/17 states that I have to go to court on 5/25/17 for a hearing regarding mandatory monetary sanctions in the amount of $60.00 for failure to produce the required documents. It might be my mistake but since I didn't actually have the first request in my hands until 4/13/17 I was planning to send them back within the 30 days starting on 4/13/17. After I did receive the notice on 5/5/17 I did send the requested documents to the opposing attorney the following day.
When I go to court for the sanctions hearing on 5/25/17 do I have a valid defense that I thought I had 30 days from 4/13/17? Any suggestions on how to argue this point would be greatly appreciated.