Service by Mail

[rjmwx81]

Finally buckled down and got the Nolo book today. So far everything seems pretty straightforward and matches the advice I've received here.

However, the book says that, when doing a reaffirmation, I'm required to serve the trustee and the creditor with my Statement of Intentions. Apparently filing it isn't enough. It says this can be done by mail, but as the filer, I'm not allowed to do it. I have to have someone mail it and sign the affadavit of service by mail.

I really don't want to drag my friends into my BK...does anyone know of a service that will do the service by mail inexpensively? I could hire a regular process server, I suppose, but so far the ones I've looked up online charge a minimum of $50-$100. Pretty good profit for slapping a couple of stamps on an envelope and signing a sheet of paper....

[AngelinaCatHub]

Yes and no on your affidavit. You may make the letter of intent, at the end of this letter, put the affidavit onto the back that upon this day, you have mailed this item to both parties, and then go to your bank (usually for no charge) and have your name notarized. Being pro se' you are speaking for yourself. A Notary is an officer of the Court. It is legal and should suffice.

If you are or are related to a notary, you cannot notarize or be notarized by any relative. 'Hub

In the event you wish it date stamped, a cheap way is to purchase a one cent stamp, put it at the end of your document and have the P.O. cancel the stamp. Have them hand cancel the front of your sealed envelope as well, rather than going to the distribution point.

[rjmwx81]

Interesting. The NOLO book seems pretty clear that the debtor (me) isn't allowed to do the service by mail on his own, even with a notary signature.

[justbroke]

You'll have to find someone to do it then. Perhaps your bank's notary will do this for you. Otherwise, you'll need to find someone to do this. I wouldn't waste the money to have a process server do it, unless they have a "mail" based service. Most of the process servers do the "in person" serving, so that's why their rates are higher.

[AngelinaCatHub]

Interesting. The NOLO book seems pretty clear that the debtor (me) isn't allowed to do the service by mail on his own, even with a notary signature.

I stand corrected on this, but in your next post, didn't you say what I said? Have it witnessed? Now in our State and County, you can have the Sheriff serve a letter or anything that is legal. It costs $20 and I used them for a C & D letter at one time. It gets their attention for sure, but that would cost $40 bucks for both parties. A bit of overkill.

Perhaps by Fedex?

EDIT: Suggestion, it may be plausible to go to your local Clerk of Court's office, and ask if they will notarize as well as mail out with their own envelope from the Clerks office, your affidavit attached to your document. Their stamp would be Clerk of Court. That I am sure would suffice.

[rjmwx81]

Now in our State and County, you can have the Sheriff serve a letter or anything that is legal. It costs $20 and I used them for a C & D letter at one time. It gets their attention for sure, but that would cost $40 bucks for both parties.

That's a good idea. The creditor is in another state, but I'm sure the sheriff can drop something in the mail the same as anyone else. I'll look into that...I know my sheriff's department does that, just not sure on the cost.

[jcj112562]

I know here in GA (Northern District), I did not need a notary, all that was required was to take the form sitting in a rack in the Clerk's office, fill it out, and hand it to them. No muss, no fuss. Oh, and yes, I did file pro se.

John