Filing by Mail

[Hope2File]

So I was planning on filing at the court, but I realized today that the "satellite" court where my 341 will be held is not where I would have to file. It is a 3 1/2 hour drive, each way, to the court.

My plan now is to overnight my papers to the court on Monday (10/26), so they will be received on Tuesday (10/27). I would like to make sure we are filed by the end of the month, so sometime next week. I've got the majority of the work done, we just need to do the credit counseling, and I will definitely have everything ready by the end of this coming weekend.

The local court rules state that when filing is done "over the counter" the clerk will date stamp the papers as soon as practicable, or something like that.

So I guess my question is, if I make sure the papers arrive at the court on Tuesday, can I reasonably assume that I will be "filed" by the end of the week? How does that work? Or should I take a day off next week and drive to the court?

[justagirl]

I mailed my petition in, as like you it was a 3+ hour drive each way to the court. The clerk filed my petition the day it was received. I can't say that will be the case with yours, but that is what occurred in my situation.

Good Luck!

~JAG

[justbroke]

So I guess my question is, if I make sure the papers arrive at the court on Tuesday, can I reasonably assume that I will be "filed" by the end of the week? How does that work? Or should I take a day off next week and drive to the court?

There are two things that happen when the petition is received. First, the case will be opened and your petition filed. Your actual petition may not be scanned into the docket (PACER (CM/ECF)) for a day or so, but your case will certainly be opened on the day it is received. The second thing they do is "enter" the petition into PACER. The entry is the date that they actually put the scanned petition into the docket (PACER (CM/ECF)).

I would use a notable overnight provider like FedEx or the United States Postal Service (USPS). Make sure you have the tracking information as well. Make sure you know when the package will be delivered (most "overnight" mail is delievered by 10:30AM). Call the Clerk's office after tracking the package and seeing that it arrived... after about 2 hours. So if it shows it arrived at 10;30AM... call after lunch (1:PM or later). Ask if it was filed and if you could get the case number.

Yeah, mailing it makes me a little nervous, but I've filed most of my papers (motions, objections, etc) via overnight and sometimes regular US Mail. I have just not done so with the petition itself.

Worse case, I think they have to stamp everything the day it's received anyhow. So, it may not be immediate, but will happen.

Best of luck to ya.

[jribe]

Look at the court website to be sure; or call the clerk's office. I was going to file by mail too.. But wanted the reassurance of having the "filed" papers right away.

In my district, they say if they are received before 2pm (court closes at 4) they will be stamped "filed" as of that day, if it's received after that- it would be the following day.

So, if you do an early AM overnight- you should assume you'll have the filing done that day.

So I was planning on filing at the court, but I realized today that the "satellite" court where my 341 will be held is not where I would have to file. It is a 3 1/2 hour drive, each way, to the court.

My plan now is to overnight my papers to the court on Monday (10/26), so they will be received on Tuesday (10/27). I would like to make sure we are filed by the end of the month, so sometime next week. I've got the majority of the work done, we just need to do the credit counseling, and I will definitely have everything ready by the end of this coming weekend.

The local court rules state that when filing is done "over the counter" the clerk will date stamp the papers as soon as practicable, or something like that.

So I guess my question is, if I make sure the papers arrive at the court on Tuesday, can I reasonably assume that I will be "filed" by the end of the week? How does that work? Or should I take a day off next week and drive to the court?

[justbroke]

In my district, they say if they are received before 2pm (court closes at 4) they will be stamped "filed" as of that day, if it's received after that- it would be the following day.

Your advice is very good! If you want something filed the same day, there usually is a cut off.