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Unclaimed Certified Mail to Plaintiff

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    Unclaimed Certified Mail to Plaintiff

    What if mail that we're trying serve the plaintiff in my husband's adversary proceeding of his BK remains unlcaimed? We're only required to send it First Class, but, we've been sending items Certified Mail. Two of three items haven't yet been claimed. We're doing more than is required of us. Does anyone know anything about this?

    #2
    If service is authorized by mail, and you are using the address that the plaintiff provided in their pleading, then you are covered. (have you filed your response with the court...if the plaintiff is an "e-filer" they will get served via the ECF system).

    ECF=Electronic Case Filing.

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      #3
      Originally posted by threegmgs View Post
      What if mail that we're trying serve the plaintiff in my husband's adversary proceeding of his BK remains unlcaimed? We're only required to send it First Class, but, we've been sending items Certified Mail. Two of three items haven't yet been claimed. We're doing more than is required of us. Does anyone know anything about this?

      That's why you dont send it cert. mail, you send it first class and who cares if they dont want to check their mail if they have been served at the correct address it is no longer your issue. So you could call to see if the address you sent the mail to is the correct address if so- MOVE ON! They have been served.
      *Filed Chp 7 bk 11/13/07 PRO SE :yahoo::yahoo:[x]
      *Last day to Objection 02/19/2008 :yahoo: [x]
      *DISCHARGED 2/25/08!!:cry::yahoo: CLOSED 2/29/08
      TransUnion 538 Experian 519 Equifax 531

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        #4
        Thanks, guys! I feel better.

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          #5
          Sorry I'm late to the party, but one other thing to consider is doing a Proof of Service by Mail. This is where you send your item via U.S. Mail like you normally would (and they would not know to dodge it) but you have a friend stick the item in the mail for you and sign a form that they did so. If you want to do this, PM me and I'll send you a sample Proof of Service by Mail form. Good luck!!!
          Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

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