OT: you wouldn't believe the balls on the court clerk i just talked to...

[ryan roopnarine]

a little background......

i had to submit a particular legal document within 30 days of (notice). the first day was march 1st, and the 30th day would be march 30th (a saturday). i sent two separate documents for two separate matters (that were companions to each other) in the same envelope, via USPS express post (overnight mail) on the 28th of march. the usps considers express post the equivalent of certified mail (as they won't separately certify it), comes with proof of delivery, and requires a signature upon receipt.

certified mail is the de facto means of transport for legal documents in the american justice system. if you have a receipt, that overrides anyone's "word" as to when something arrived.

the USPS certified delivery of my package at 11.03 on the 29th of march.

one of the documents was filed on 4 april as "late" and assessed an 18$ fine. the other document (according to them) never got there, despite being in the same envelope. i asked the lady why the receipt wasn't good enough, and she said "well sir, that just means that it got to our mailroom at that time, it doesn't mean we received it, and don't consider it received until we finish processing it."

W
T
F?????????
she then went on to attempt to imply that their mailroom was part of the USPS, and that they weren't responsible for delays in the postal service....

bizzarre

and that technically, i was late, but that a superior could "waive" the late fees due to extenuating circumstances.
I then proceed to ask her why only half of my mail got there late, and for that, she was puzzled.
she then went on to say that i had the option to do the aforementioned by fax or email, and i was responsible for the lateness as a result.. i had to restrain my laughter, as it was their fault that i was forced to file these documents that late in the first place. and that i didn't ever read anything in the federal civil trial rules about sending a F'ing subpoena via IM or filing a motion to dismiss by email.

i picked mail, cause if you f' with the mail, a bunch of federals with glock fawties can hold you responsible. i picked the mail because i get incontravertible proof that something was delivered. what army of glock toters can my computer or fax machine summon up? the aqua teen hunger force?

i picked the mail cause i had the sneaking suspicion that they would try to pull some shiat like this.

this jackassery here is going to get me a summary judgement alone. i've already had to involve federal law enforcement once. if monday rolls around, and this isn't resolved, Newman, Wilford Brimley and the rest of the postal inspectors will have to get involved. i couldn't get into see legal counsel today, i'll do so monday, and see if the state attorney's office can interdict on my behalf (the court screwing me around is far, far inferior to the state one). i'm just pissed off that this means that i will have to hand deliver everything to the courthouse (100 miles away) if i don't want it to be f'd with.

[Macv]

Newman

haha

That sucks though. Not much you can do against "the law."

[repenttokyo]

that situation really sucks, but is it worth it to go through all the hassle of nailing them to the wall for 18 dollars? seems like a big headache.

[steve0suprem0]

woot glock fawties FTW! (just bought one)

sorry to hear about your troubles man, not only jackassery, but some world class douchebaggery. world class from a national institution is pretty impressive.

do you think i'd get in trouble for making targets to look like postal employees to go along with the osama bin laden ones? i'm a little scared (of my government - hence the hoarding of weapons). otherwise i'd bust some caps this weekend at the range....

[ryan roopnarine]

just to clarify

1. the issue is not over 18$. by submitting documents late, the court automatically enters a judgement against me in this matter, for two seperate matters.

2. i have no beef with the postal people. they did what i paid them the 14.40 to do. the beef is with the clerk of courts. mailroom in this instance refers to the courthouse mailroom, not anything to do with the usps, though the clerk did try to attach some vague association between the two. either they lost one of the documents after they opened it, and shoved the other up somewhere until it would be filed late, or they did something malicious. i'm sorry i didn't make that clear.

[Evan]

this post convinced me it's time for gun control.

[Blitzkrieg Bob]

It’s the life of a bureaucrat…Their here to serve, but on their own schedule and terms.

I worked as a messenger for a Lawyer friend while I was finishing up school, and we delivered everything by hand to the clerk’s counter. It was a game, try to get the same people, know them by name, be friendly and watch them time stamp it. All because if I just dropped if it off in the bin, they may be out to lunch, winds up on the bottom of the heap or it’s getting close to quitting time, they would just lay it aside until they get around to it some time.

[ryan roopnarine]

i'm sorry that someone's unhappy

2. most of the ranges i've been to have rules about having likenesses as targets, otherwise i'm sure that range garbage cans would be full of pictures of hillary clinton, small children people dislike, et cetera.

[Jehu]

Someone stole a Netflix DVD i left to be picked up for return by the mailman out of my Condo's Lobby.How do you think I feel? Where's Wilfred Brimley when you need him?

[ryan roopnarine]

i'm sorry, i meant to say registered--they won't register an express package because it already travels differently from the regular mail stream.

[PaulJ]

Seems to me that waiting until the last day (a Friday at that) to respond to your state's legal system is just asking for what happened to you. The relative importance of these "documents" may have dictated a quicker response and a more certain means of timely delivery including hand delivery by you. Attitude can play a large part in successfully dealing with these people. They hear these tales every day and you have to anticipate these circumstances. Good luck.

[mikell]

In most jurisdictions, "filing" is effective upon mailing - it's called the "mailbox rule" - the only difference is, when you file something by mail you add 3 days to the time - so, if something has to be filed on the 10th, you're good if you put it in the mail on the 7th.

As for responding to a summary judgment motion - that's really not DIY stuff, your lawyer should be doing that. It's like surgery, you might be able to do it, but what happens if something doesn't go just right?

Looks like somebody needs to speak to the judge and ask for leave to late file the docs.

Good luck.

[rickm]

Seems to me that waiting until the last day (a Friday at that) to respond to your state's legal system is just asking for what happened to you.

Bingo. The last time I had something important to deliver I sent it FedEx, usually I hand deliver the items, have them stamp "received" then ask for a copy.

How places process info varies. When our work mail arrives everything is stamped with "received on <Date>". All envelopes are kept until the paperwork is processed, they're even filed with the charts.

[ryan roopnarine]

i'm 2 for 2 in summary judgement, i'm not too concerned about doing it myself correctly.

the reason i had to wait for the last second is because someone in the clerk's office decided that it would be perfectly above board to post fraudulent information to the clerk's website (ie, they had posted that I had sent in the documents in question on the 9th of march, something i would remember doing)--and worst of all, not getting a resultant subpoena for them. i have videotape evidence of this being the case on a LAN not my own (so that they couldn't say i fabricated such things and posted them on my intranet). it took to the very last minute to verify that this was a "mistake" on their part, and not retribution/fraud on their part in response to something i did around the 9th--though i don't believe them. i'm not worried about the situation getting fixed, i'm not some little idiot without the resources to follow this up. i'm simply amazed that they would tell someone (that) on the phone.

oh, before i forget. the fraudulent entries on the clerk's website gave me a trial date of the 31 of march (a saturday). there are special courts that operate on saturday. i found out that i had a "scheduled" court date on the 25th, which was kinda upsetting--among other things. that's why it isn't going to matter when any random ghetto a-hole upstairs made up a rule for postal delivery, the questionable actions of those in the clerk's office have effectively negated any "rules" like this they applied to me.

about politeness: i realise that i may get emotional with one of these clowns at some point, and that is why i always have someone in the room with me when i call (them) so that i can ensure that i come off as polite, cordial, and respectful--and if not, they can bring me back to earth.

[rickm]

that's why it isn't going to matter when any random ghetto a-hole upstairs made up a rule for postal delivery, the questionable actions of those in the clerk's office have effectively negated any "rules" like this they applied to me.

I wanted to ask you about this, some of these idiots feel entitled to have "power" over you. I would file a complaint against their bosses. if it's a city, skip the BS and go to the City Manager.

I had a problem with the water department once. The mrs and daughter were gone for a couple of weeks and I was working 4 hours away. I came home on Friday afternoon to see a "we're cutting your water off" notice on my door. I took my online payment confirmation downtown, they wouldn't credit me. Why? The IT guy wasn't in. I asked for a "Stay of Execution" until Monday, the girl said no. I told her I'd give her a check for the water now. "Nope, no checks". Cash? "Yes, but it's too late, the cutoff has been processed". No it hasn't, I can tape the thing to my water meter when they come to turn it off. She beat around the bush, I finally yelled at her. That got the attention of everyone in the office, including the security guy, who told me to leave. I asked for a supervisor, "they were gone". Well call 'em on their phone. I ended up getting escorted out of the building after calling the assbag behind the counter an idiot.

The water guys came, I showed him my payment confirmation, he didn't turn it off but said he'd have his boss look into it.

On Monday I wrote a letter to the City Manager. About a week later I received a phone call wanting to know the details, then I get a call later in the day apologizing. "She was new". Well, if she's new then she should get off her ass and ask someone, shouldn't she? Or call? I told her that I had offered to leave a payment and she said it was too late. *sigh* The idiot on the phone said it was too late....then I asked her where on my notice it said "no payments after 3pm" - it said "close of business". The door said that they closed at 5:00pm, I was in there at 3:10pm, way before COB. I was so pissed I hung up and called the City Manager.

At my state agency we had someone who had that snotty "I have power over you" ghetto attitude. I canned her before her 9 month probation was up.

[Ross]

You may (your time and expense of course) file a motion to vacate the judgement.

[Airborne001]

this post convinced me it's time for gun control.


...a few years ago a guy in Norway killed 6 people in a shopping mall with a SWORD. 2 years ago a guy killed 11 people by intentionally driving his car into a McDOnalds.

Stay the hell away from my guns, if I break the law with them, toss my ass in jail.

[ThoreauHD]

But Japan doesn't have guns and look how peaceful they were.... or something.

I want every eligible(not imprisoned/mentally ill/retard)American to own and know how to shoot a gun. The reason for that is that if you know that when you whip your pissant .22 cal out, that 30 people sitting around you will cut you to shreds with a .45, then odds are you won't a) attempt to ever shoot anyone b) live long enough to shoot anyone c) have more respect for people around you.

I want my fellow Americans to know how to use a gun because when the **** hits the fan, the guy next to me and the gun in my jacket is all I'm gonna have.

Conversely, if you take guns or an actual means of defense away from every American citizen, then you trust the government with your lives. And you deserve to die for it. America was founded on overthrowing the government and ensuring personal rights and safety of everyone, not just the elite and Kings of Europe. Don't **** it up now.

With Hillary coming into office, we're about 2 inches away from becoming a French cesspool of stupidity.

Do you know why mass murders can happen? Because none of you monkeys has a gun. Period. That's the first rule of mass murder. Disarm the populous. Otherwise see.. it don't work when people fire back. Simple natural law. Not hard at all. In short grow some balls, or move to the New Islamic Republic of France before you buy your neighbors a one way ticket to hell.

And that's my piece. If I offended anyone, good. The end.

[guinness]

How did this post move over to gun control? I thought it was about little bureaucrats and the power they like to exert over people.

[repenttokyo]

i think ThoreauHD just wanted to offend as many people as he could with his off topic post. Because of course everyone on this board is american :rolleyes:

[Ferret]

i think ThoreauHD just wanted to offend as many people as he could with his off topic post. Because of course everyone on this board is american :rolleyes:

Lol, the boards hit livejournal drama llama levels - people shouldnt be so confrontational about such subjects.

[guinness]

The kicker is that I am American and I support the 2nd amendment, but this is about bureaucrats in all countries and the little Hitler mentality they seem to have.