QUESTION
What can I do if my ex refuses to sign for the certified mails I send her?
Asked on Jan 03rd, 2014 on Child Custody - Arizona
More details to this question:
I recently moved and per the order, I sent the courts and my ex a letter informing of my new address via certified mail, return reciept requested. Every time I send her something the way the order requires, she refuses to sign for it. Technically, I am not required to do anything more than certified mail, such as regular mail or email. She is now demanding my new address and saying that I am in contempt, but I have done what is asked of me. Am I still required to give her the new address if she has refused to sign for the letter? Should I resend the letter the same way? I'm not trying to be petty here, but I feel like she should follow the order as well and sign for these certified letters. Would I be in the wrong to only communicate with her as the court has stated in our order so that there is proof of the correspondence?
5 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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I believe you are handling matters exactly as you should be handling them.
Answered on Jan 08th, 2014 at 12:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Lawyers in a difficult situation like this will often send a letter both certified and ordinary. That way when the certified comes back but not the other letter, there is some proof that the person got the letter. At the top of the letter, just above the addressee block, type:Sent by certified and ordinary mail.
Answered on Jan 07th, 2014 at 6:11 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You appear in court with the postal notices indicating that she refused to sign. However, it would save you a great deal of anxiety and stress if you sent her mail certified and regular mail. The court presumes that if you sent it through the regular mail that it arrived. In addition, you could obtain a proof of mailing at the post office.
Answered on Jan 07th, 2014 at 6:09 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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I would in advance prepare a Declaration and attach your certified copies showing the refusal just so it's on file with the court Her refusal to follow the courts orders does not excuse your not following them if court said send by certified and you did nothing more is necessary but if she wants address some other way what does it her to give it to her and document that as well and a Declaration.
Answered on Jan 07th, 2014 at 6:04 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If she fails to pick it up, she cannot argue that you failed to comply with a court order. I would just email or text her your address as well. Then if she wants to waste the court's time by filing some kind of contempt action, she will be the one in trouble with the judge.
Answered on Jan 07th, 2014 at 2:15 PM