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Lucy, Esq.
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On the POS-030 form, does the person serving it sign the bottom

Resolved Question:

On the POS-030 form, does the person serving it sign the bottom right hand corner of the page and give that page to the person being served or do they send the POS- 030 form unsigned and do I keep the signed copy just for my records?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The person who puts the document in the mail signs the form, with the original filed, and copies given to each party.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19635
Experience: Lawyer
Lucy, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

My neighbor served my attorney and my ex's attorney the MC 50 form (unsigned by him). Once he mailed it out he signed page 2 of form MC-50 and I went to the clerk at the courts to file that original form with my neighbors signature on it. I got a "Conformed Copy" stamped on the copies of the MC 50 form I took with me.


 


I then find out that I am supposed to


serve them the court stamped MC 50 forms too.




I heard that my neighbor is to serve them copies of the court filed MC 50 forms using the POS-030 form. I was also told that I do not have to file that POS-030 form with the courts correct?

Expert:  Lucy, Esq. replied 1 year ago.
The directions for the MC 50 ask for an unsigned POS-030 to be sent with it to the opposing party (because, technically, the person hasn't served the documents until they're in the mail, which makes it impossible to sign the proof of service inside the sealed envelope). It then states that the signed proof of service must be filed with the clerk.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19635
Experience: Lawyer
Lucy, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

There are 2 pages that go with form MC-50. Page 1 is the Substitution of Attorney-Civil and page 2 is the Proof of Service by Mail form, NOT the POS-30 form. It's similar but looks completely different.


 


my neighbor served them on July 7th with the unsigned page 2 of the MC 50 form along with with the signed and completed page 1 of the MC 50 form, signed by me and my lawyer consenting to releasing her as my attorney.


 


I am trying to serve my attorney this time with a copy of the court stamped MC 50 form to prove and show her that it was filed at the court and stamped by them making it legal.


 


My question is this. I printed out the POS-030 form from online. I filled it out and it is ready for my neighbor to pop it in the mail. He will in the envelope, put the court stamped MC 50 form along with an unsigned POS-030 form. He will then sign the original POS-030 form and hand it over to me.


 


What do I do with the POS-030 form?


 


The MAIN page 1 of the MC 50 form has already been filed with the courts and stamped.


 


Do I still need to file just the POS-030 form with the filing clerk at the courts?

Expert:  Lucy, Esq. replied 1 year ago.
If you're just sending a copy of a document that has already been filed and previously served, that wouldn't need to be filed unless they file something disputing service.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19635
Experience: Lawyer
Lucy, Esq. and 15 other Legal Specialists are ready to help you

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