Questions For Johnnycash And Others

[needsolution]

Questions For Everyone! URGENT!

Questions for Everyone, URGENT!

Here are some questions I need help with


I have filed a lawsuit under 1447 (b). I have served the the two defendants Robert Divine (Acting Director of USCIS) and Michael Chertoff (Secretary of DHS). I have also served Alberto Gonzales (Attorney General) and I have served the local US Attorney in my city. I have served them all at the same time express mail with return receipt card December 3, 2005.

1. I have received the return receipt card from the local US attorney's office, it was signed and dated.

2. I have just received the return receipt card from Robert Divine, it was NOT signed or dated.
The other 2 defendants have been served and I have not received the other two return receipt cards. Assuming these 2 cards got lost in the mail, I have contacted the post office and they have so far been able to give me 3 similar letters (1 for the unsigned and undated Robert Divine delivery and 2 for the lost cards) that read "The following is in response to your express mail item #_________. The delivery record shows that this item was
delivered on date at time in WASHINGTON, DC 20528 to first initial and last name of the person. The electronic signature of recipient is on it and the address of recipient reads "Homeland Sec 20528" The other letter is the same thing with a different person signing for it and the address of recipient reads "Justice 20530" These letters from US Postal Service do not have Robert Divine's or Michael Chertoff's or Alberto Gonzales's names or complete addresses on them.

So now that I only got 1 return receipt card back signed and dated (local US attorney's card), I went to the court and asked them if they would accept these letters from US Post office as proof of delivery. The clerks said I could file these letters with the court but only the judge could determine if these letters would be sufficient to prove that I served these 3 defendants. Well, I decided it is best to go ahead and serve these 3 remaining defendants again, (I was not sure if the Judge would accept these letters from USPS, because these letters are lacking name and complete address of recipient). So I had new summons issued by the clerk of court, with new date on them. I went ahead and mailed them along with a copy of the lawsuit to the defendants. After I mailed those 3 new summons, I received Alberto Gonzales's return receipt card (signed and dated). So now even though Alberto Gonzales has been served in December 2005 with my original summons, and I got the return receipt card from him, he is going to get a copy of the new summons with new date on it. The old summons was dated December 2005 the new summons is dated January 2006.

3. Does this mean the 60 days will start over again when Alberto Gonzales gets my new summons because I sent a new summons to him now, in other words, does the new summons invalidate the old summons for date and any other purposes?

4. Also I only did the new summons on just 3 of the defendants, I did not prepare a new summons for local US attorney since I already had his return receipt card signed and dated from December 2005.

5. Can I consider the local US attorney served properly since I got back the return receipt card signed and dated the first time I served him? or

6. Did I also need to send local US attorney a new summons because I redid and resent the new summons (with new date on them) for the other 3 defendants?

7. In other words, Do all the defendants have to be served with the same summons (same date and signature of clerk on the summons)?

8. Also the summons that I send to the defendants do they have to be original with cold seal from the clerk?


9. The petition I send along with the summons, can it be just xerox copies of the original petition or xerox copies of the original petition on file with the court which has the "FILED" stamp on it. Is that ok?

Also I realized that I still do have 1 OLD original summons (cold sealed and stamped) (my original old summons from December 2005 with December 2005 date on it) per defendant. I can use this one to send it to Robert Divine and Michael Chertoff, now, this way this would ensure all 4 of the defendants would get a copy of my original summons from December 2005. However 3 of the defendants will also receive the new summons dated January since they have just already been mailed. Do you think it is a good idea?

10. What is a Certificate of Interested Persons? Do I need to file one? I have come across this in some of the local petitions that were filed at the court house.

11. I only had 1 exhibit listed in my list of exhibits. Therefore I did not mark my exhibit as an exhibit 1. I simply added it as a last page to my petition. Is that ok or do all exhibits have to be marked as Exhibits on the exhibit itself

12. I have come across "Certificate of Service" in some of those petitions other attorneys have filed, it starts out like this "I hereby certify that I have served a copy of the foregoing this day" Is this an alternative to the return receipt card? Can I file a certificate of service and sign it and file it?

13. Can the defendants be served only by USPS Certified mail with return receipt or can they also be served with USPS Express mail with return receipt.?

I am waiting everyone's urgent reply! thanks

 

[JohnnyCash]

“Can the defendants be served only by USPS Certified mail with return receipt or can they also be served with USPS Express mail with return receipt.?”

Summon and complaint could be served upon defendant(s) by many ways. Using USPS Certified mail with return receipt and USPS Express mail with return receipt are just two of them. So long you have a proof of serving court papers to them, which is all matter.



“Can I file a certificate of service and sign it and file it?”

Yes. You can file Certificate of Service with the court clerk anytime after serving the papers to defendant(s). In the Certificate of Service, you would need to say that you hereby certify that on ‘so and so’ date you have ‘so and so’ documents (summon and complaint) have served upon defendant(s) thru THE WAY OF SERVING DOCUMENTS. And if you have proof of serving court papers like certified/express mail return receipt, then you should attach that with this Certificate.




“I only had 1 exhibit listed in my list of exhibits. Therefore I did not mark my exhibit as an exhibit 1. I simply added it as a last page to my petition. Is that ok or do all exhibits have to be marked as Exhibits on the exhibit itself”

You are completely okay about this exhibit issue.




“What is a Certificate of Interested Persons? Do I need to file one? I have come across this in some of the local petitions that were filed at the court house.”

Don’t worry about it as it doesn’t apply in your situation.



“The petition I send along with the summons, can it be just xerox copies of the original petition or xerox copies of the original petition on file with the court which has the "FILED" stamp on it. Is that ok?”

It is completely okay to give Xerox copy of court papers to defendants so long there is a court stamp of filing. Summons and complaint are anyway just a notice to defendant(s) to let them know that a lawsuit has been filed. That is all. So long defendant knows about the existence of a lawsuit, that is all matter.



“Also the summons that I send to the defendants do they have to be original with cold seal from the clerk?”

Photocopy would be sufficed.



“Do all the defendants have to be served with the same summons (same date and signature of clerk on the summons)?”

No.



“Did I also need to send local US attorney a new summons because I redid and resent the new summons (with new date on them) for the other 3 defendants?”

You don’t need to send new summons to anyone if you already sent them the initially/old dated issued summons for the same case.



“Can I consider the local US attorney served properly since I got back the return receipt card signed and dated the first time I served him?”

Yes. It is completely valid and considered properly served.



“did not prepare a new summons for local US attorney since I already had his return receipt card signed and dated from December 2005.”

You don’t need to prepare a new summons for local US attorney anyway if you served him the previously issued summons already, which was obviously about the same case.



“does the new summons invalidate the old summons for date and any other purposes?”

Technically yes. Here is something I want you to know. Don’t worry too much about this new and old dated summons. Because defendants got your court papers even though you did not receive the receipt from few of them in the beginning. They know well that they must need to answer within court alloted timeframe. And if they don’t then waiting for extra one more month won’t make any difference. 99% of chances are that defendants will make a decision in your case within 60 days. So don’t worry too much about this summons things.

Govt. doesn’t ask judge to dismiss plaintiff’s complaint (lawsuit) based upon this technical ground of improper service of summons. I’ve been around a long time and I’ve never heard/seen a case wherein govt. has tried to ask the judge to dismiss a case based upon improper service of summons and complaint. So just don’t worry too much about this summons issue.

Also, judge won’t even care about Certificate of service as Judge knows well that when a plaintiff files a lawsuit against the govt. then plaintiff always does his best to serve the papers to defendants under good faith. Just submit the Certificate of Service with court as soon as possible.

You’re ready to rock. Hopefully you would have a good news soon. This is my second last posting on this site, other than the one I would post in a few days about something important that people should know about a member.

Hopefully, my decision of leaving this site would bring a great joy to a Muslim member of this site who always feels threatened/jealous by my presence over here, which always makes him to post negative postings against me in different IDs to hide his real identity. Anyway, it has been a great pleasure for me to help this immigrant community.


Good Luck in your dreams.

 

[needsolution]

JohnnyCash, Stay!

Johnny, thank you very much for all your replies. Please do not leave this forum, we need knowledgeful and helpful members like you. Personalities of people are different and you should not get offended or make decisions because of others' who don't need your help, the bottom line is there are people who need your expertise and your help on this board.