QUESTION
What is the standard practice or protocol when corresponding with an adversary?
Asked on Apr 07th, 2014 on Criminal Law - Nevada
More details to this question:
My ex-husband's attorney sent a box of paperwork to my home recently through the USPS. The box was removed from my porch before I could bring it in. I contacted my ex-husband's attorney the next day to alert him that the box was taken from my home and asked him to re-copy the paperwork. He wants to charge me copying fees. I don't feel I should be financially penalized for what appears to be mail theft, not to mention the time that I am losing pursuing this. I advised my ex-husband's attorney, that I will be filing a 'mail theft' claim with the P.O. I am self-represented in post-divorce judgment litigation. This is all peculiar. Any advice would be greatly appreciated. I would think that attorney's sending confidential information through the mail, would request a signature upon delivery. Thank you.
3 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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The attorney is entitled to be paid for his costs and time. The problem is clearly that somebody stole your mail, which is not the attorneys fault. Generally it is not necessary to have some form of proof of receipt. Most legal mail is sent first class.
Answered on Apr 10th, 2014 at 6:44 AM
A question comes to mind: How did you know it was removed from your porch? The general rule is documents can be sent by first class mail. You should read the civil rules for your jurisdiction.
Answered on Apr 10th, 2014 at 6:44 AM
James Edward Smith
I doubt if the Judge would believe that the mail was stolen.
Answered on Apr 09th, 2014 at 12:17 PM