Mail in or Go to court

[flmegan]

I'm doing my Chapter 7 pro-se with the help of a paralegal. I have all of my paperwork and completed my counseling class. The court I am suppose to file in is located over a hundred miles a way. Is it best to go to the court to file, or can you mail your paperwork to them?

Thank you for any help!

[justbroke]

It's best to hand deliver it, bringing a copy, and waiting. Make sure your copy is "file stamped" as well.

If you go there the Intake Clerk will go through your petition and do a page count. They will also make sure you're using certain local forms. It can be well worth the effort.

[bkmaggster]

I think going, getting a case number, getting stamped and knowing your case is filed is worth it. I drove about 35 miles each way and spent $10 on parking and it was so worth it just knowing it was filed, and filed correctly.

[music12]

i would mail it certified or express. if you want a stamped copy, include a cover letter to the clerk with an extra copy of the front page so they can stamp and return it to you. you could call the clerk or go online and check about any local forms, but hopefully the paralegal knows something about it... also, if there is a deficiency in filing they would give you an opportunity to correct it.

once you see the mail has arrived at the court, you could sign up for pacer and see it was filed for much less time and money than travelling all the way.

if you do drive, make absolutely sure ahead of time that you are correct about the court you are filing in!

[AshShep01]

I'm doing my Chapter 7 pro-se with the help of a paralegal. I have all of my paperwork and completed my counseling class. The court I am suppose to file in is located over a hundred miles a way. Is it best to go to the court to file, or can you mail your paperwork to them?

Thank you for any help!

FLEMGAN...

I did my Chapter 7 pro-se also, it would be best for you to make the drive. You would want to go in person for the initial filing. This way you can pay your filing fee (in person) and get your case number. It will be worth it, trust me. After the initial filing, you can mail your documents in.

FILED 02-25-2009
341 MEETING 03-25-2009
RE-AFRIM HEARING 06-08-2009
DISCHARGED 06-16-2009

[AngelinaCat]

I agree with the others that say to make the drive. While the post office has a reliable track record with mail delivery, every now and then something happens and mail gets lost. Your BK petition is far too important to take the chance. Get that date stamp and case number.

Also, you might as well get used to where the courthouse is and where to go, because you WILL have to appear in person at your 341 meeting.

[music12]

if you do go, which it looks like everyone thinks you should, then i would suggest to make sure to get the name of the clerk who talks to you and handles your case. that way you'll know them and it would make it easier for you to call and ask questions if you need to in the future.

also, while you are there they might already assign a trustee and a place and time for your 341, because it gets done automatically by the computer. if the place is close to the courthouse, go there, walk around, find the actual room, get comfortable around it. you'll be much more comfortable when the 341 arrives...

though i am not sure the 341 has to be near the courthouse; they might have trustees around your state. they don't hold 341's at courthouses. i would hope they wouldn't expect a person to travel that far. after all, bankrupt people can hardly afford the gas for the car!

[bkmaggster]

I agree with the others that say to make the drive. While the post office has a reliable track record with mail delivery, every now and then something happens and mail gets lost. Your BK petition is far too important to take the chance. Get that date stamp and case number.

Also, you might as well get used to where the courthouse is and where to go, because you WILL have to appear in person at your 341 meeting.

It probably depends on the district, but my 341 is nowhere near the courthouse, it's in a different city much closer to my home. I still think the OP should drive to the courthouse and file in person, though.

[AngelinaCat]

Our 341 was at the courthouse, but NOT in a courtroom. It was held in a conference room that resembled a large college classroom.