Filed a lawsuit against a CA

[Anonymous]

Not in PA unfortunately. First, it is sent by the courthouse, and it is sent CMRR. So if the company misses the delivery, the pickup tag left says it is from a district court. Of course they aren't going to the post office to pick that up. I wish I could sent it FedEx instead. They would attempt delivery multiple times. The post office only does it once.

[RobertEG]

With the name of the sender (i.e., the court) clearly displayed on the communication, no court is going to accept an assertion of non-receipt based on failure to pick-up/open the envelope.  If they retain an address of record with the court for receiving communications, that pig wont fly.

[Anonymous]

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@RobertEG wrote:

With the name of the sender (i.e., the court) clearly displayed on the communication, no court is going to accept an assertion of non-receipt based on failure to pick-up/open the envelope.  If they retain an address of record with the court for receiving communications, that pig wont fly.

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Well, to date they haven't retained any address of record with my court.  The court only has the address I have provided.  Unfortunately, in my jurisdiction, there are two valid ways of service, according to the woman I have spoken to at the court.  #1 is CMRR.  The signature makes it valid.  #2 is a constable/sherrif.  However, #2 isn't something they can arrange since this company is in CA and I am in PA.  I will try the CMRR again, but not sure what to do if they refuse to accept the letters again.  Pretty dumb system though for sure where you can just refuse to be served.

[pizzadude]

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@Anonymous wrote:

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@RobertEG wrote:

With the name of the sender (i.e., the court) clearly displayed on the communication, no court is going to accept an assertion of non-receipt based on failure to pick-up/open the envelope.  If they retain an address of record with the court for receiving communications, that pig wont fly.

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Well, to date they haven't retained any address of record with my court.  The court only has the address I have provided.  Unfortunately, in my jurisdiction, there are two valid ways of service, according to the woman I have spoken to at the court.  #1 is CMRR.  The signature makes it valid.  #2 is a constable/sherrif.  However, #2 isn't something they can arrange since this company is in CA and I am in PA.  I will try the CMRR again, but not sure what to do if they refuse to accept the letters again.  Pretty dumb system though for sure where you can just refuse to be served.

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Are you attempting to directly serve the CA or are you sending it to the CA's registered agent ?   Assuming that the business ( CA ) is incorporated, they would be required to keep a registered agent on file with the state ~ the purpose of the registered agent is exactly for reasons such as yours, to receive documentation from the state/others, including legal filings.   Many times the registered agent is a separate law firm or entity, but you should be able to easily locate them by doing a web search with the state.

[Anonymous]

I will look into this.  Any idea what websites you would use to find it?  I can find very little information about this company.  I have two known addresses I have found online and in my own dealings with them, but have not been able to find their corporate registration.

ETA:  Found the CA database.  Thanks for the great suggestion.  There is a guy's name and address listed here.  I will watch the current mailers that are out there and if neither are delivered, I will have another sent to the guy they have listed.

[pizzadude]

Glad that you found their registered agent.   Sending something to them is the best way to get their attention IMO, especially if the CA is ignoring letters send to their normal business address.

So does the small clams court in PA just put the proceedings on hold until they have proof that the defendant has picked up the Certified Mail notice ?

[Anonymous]

Yes. When the letter is returned unclaimed, they reschedule and make me pay them again to send another.

[pizzadude]

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@Anonymous wrote:

Yes. When the letter is returned unclaimed, they reschedule and make me pay them again to send another.

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Wow, that's a pain.  But it will just be another $6 or so added to the judgement against them, right ? 

[Anonymous]

Great news today!  My service was successfully delivered Monday morning to both addresses.  Today, I received a call from the company and they want to settle out of court.  As a part of the settlement, they have agreed to the following:

• Pay me $1,000 plus the court costs I have incurred so far
• Consider the alleged debt as fully satisfied
• Remove the inquiry from my credit report

I should get a check and a letter stating all of this sometime next week in the mail.  Once I have the letter and my check has cleared, I will withdrawal my lawsuit.

[Anonymous]

I love a happy ending