Legal Question in Credit and Debt Law in California
declaration of mailing
I'm I supposed to send a copy of everything I file to the plaintiff? for example, my fee waiver application?
2 Answers from Attorneys
Re: declaration of mailing
No. The fee waiver application is confidential. Your file will be notated that you have a fee waiver, however. A non-party should mail your answer/responsive pleading to the plaintiff's attorney whose name and address appear on the summons, and include a proof of service: http://www.courtinfo.ca.gov/forms/fillable/pos040.pdf .
Re: declaration of mailing
Your application for a fee waiver is confidential and does not need to be disclosed to the plaintiff. However, just about any other document you file with the court must be served on the opposing party.
As a party to the lawsuit, you cannot serve the papers. The papers can be served, usually by mail, by anybody over the age of 18 that is NOT a party to the lawsuit. They need to sign a proof of service and you need to file it at the same time you file the doucments.
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