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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 101063
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Im appealing a civil judgement entered against me. Ive filed

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I'm appealing a civil judgement entered against me. I've filed with the prothonotary and have sent a certified letter to the law firm which was the plaintiff in the original suit. I have to return proof of delivery to the prothonotary within 5 days of the appeal. What happens if the law firm doesn't accept the letter or accepts it after my 5 day window?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation and good luck with your appeal.

What happens if the law firm doesn't accept the letter or accepts it after my 5 day window?

Normally, a law firm will accept certified mail, as they regularly receive a lot of it.

But having said that, one has to return proof of delivery OR attempt thereof back to the prothonotary. The whole point is that you ATTEMPTED the service. The returned parcel with a "declined" stamp may be filed with the Court.

If for some reason they do not accept, service may be perfected later by use of constable or a private process server (and then, the matter will be heard), but, likely, they will accept to begin with.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 3 years ago.
I addressed the letter specifically to the attorney listed on the court documents in care if the law firm. I did not require his specific signature when sending the letter. Would this somehow affect the law firm's acceptance of the letter? And if I don't receive confirmation of receipt or the refused letter, could I file the receipt from the post office as proof of attempted delivery?
J,

Thank you for your follow up.

Did you send the letter certified?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.
I did.
Jeff,

Thank you.

I addressed the letter specifically to the attorney listed on the court documents in care if the law firm. I did not require his specific signature when sending the letter. Would this somehow affect the law firm's acceptance of the letter?

Well, provided that one can SHOW the Court that service was attempted, then this is what counts. The ultimate proof is a certified letter, return receipt requested. But if the parcel comes back returned (be it with an unused returned receipt or without), that proof is still there - one would simply have to clarify it for the Court.

And if I don't receive confirmation of receipt or the refused letter, could I file the receipt from the post office as proof of attempted delivery?

Yes, with a notarized affidavit of explanation.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
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