Legal Question in Credit and Debt Law in California
Question on Proof Of Service
I am planning to have my friend mail my answer-contract to the lawyer of the debt collection agency that is suing me.
I am being told previously to have my friend mail the answer by first class mail. However, does my friend have to go to the post office and mail it by certified mail with the return receipt so that I have proof it was sent?
I am worried that if lawyer for the debt collection agency see that the letter is certified they won't sign for it.
Which way should I go? Just regular first class mail or certified? Thanks.
2 Answers from Attorneys
Re: Question on Proof Of Service
Garden variety proofs of service can be non-certified first class mail with no proof of mailing except the say-so of the person who signs the proof of service. If you are worried about this, you can get delivery confirmation from the post office for a small fee, you will have a record of when your priority mail item was delivered and they will not have to sign.
Standard disclaimer: Answering a collection agency complaint in pro per is usually a bad idea.
Re: Question on Proof Of Service
In addition to what Mr. Stone says, since you'll also be filing the originally-signed answer with the court, the court will not allow a default to be taken against you, since the original proof of service also will be attached. I concur with Mr. Stone's recommendation regarding having an attorney assist you.
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