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How to resubmit a rejected Proof of Service and Request for…

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How to resubmit a...

How to resubmit a rejected Proof of Service and Request for Entry of Default

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

I'm getting a divorce in California. My spouse is in France and we are in agreement. I submitted the package to court, which was sent back to me with a list with checkmarks on it for the things they rejected:
(1) The Proof of Service is incomplete (item 3c). [I think I shouldn't have checked 3c because it's impossible to get a return receipt for mail abroad, I should've checked 3d instead. Is this correct ?]
(9) [This one was blank, so I have no idea what item 9 is]
(18) FL 165 is incomplete. [ Item 4, MEmorandum of costs is highlighted as missing; I am paying all the fees myself, does this mean I need to check 4a?]Do I resubmit with newly printed and signed forms or just make changes on the original documents with the highlights and resubmit the same copies?
I think for #1 I'm clear. Am I correct on #18? How do I find out what #9 is?

Submitted: 3 months ago.Category: Legal
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Customer reply replied 3 months ago
I've tried to attach some photos here, but not sure if they've attached correctly. Please let me know if you can see the 4 attachments
Answered in 16 minutes by:
1/10/2018
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,233
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 3 months ago
No problem. Take your time. I'm just attaching those files again. Please let me know if you can see them, otherwise I'll link to them externally.
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Thank you very much for your patience. Having this information rejected is not out of the ordinary.

*The answer to your first question is yes, 3(c)(2) should have been checked since it was sent to someone outside of California. If you had some other way of doing it, then you do 3(d). For example, if you sent it through some service that is specific to France.

*I am unaware of an item 9, unfortunately.

*You would check this item if you are requesting fees.

*You would resubmit with newly printed and signed forms. Otherwise, they may reject them.

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Lawyer: Legal Eagle, Lawyer replied 3 months ago

What other questions did you have for me regarding this?

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Customer reply replied 3 months ago
1) I filed an FL 117 so should I have checked 3d? I wonder if they lost my FL117 because it wasn't returned to me along with all my other forms they returned.
Customer reply replied 3 months ago
9) how do I find out what this is? I went to ask the clerk why it was blank and all she said was that she wasn't allowed to "give me advice"
Customer reply replied 3 months ago
18) I'm not requesting any fees. There's a handwritten note on the first page that says "#4 needs to have box checked off" but I don't understand which box. All of them?
Lawyer: Legal Eagle, Lawyer replied 3 months ago
if you did something other kind of delivery, you check 3d
I have not been able to see what number nine is on those forms. It may just be a typographical error. As far as number four, then you should Mark 4a if you don't have any cost that you are requesting.
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Customer reply replied 3 months ago
After going back and forth with the court a few times and chancing upon more helpful clerks, I was able to find out that for France, one cannot use the FL 117(which all the lawyers I'd spoken to said was enough), nor simply the registered mail with tracking that shows the mail was delivered to the recipient. What the court needed was the pink return receipt, which the French post office didn't and won't send back to the US as a part of their services. My ex still had the card, which he just signed and got a postmark stamped on, and mailed back to me in an envelope. We'll see if the court accepts it once I receive and resubmit it.
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Gotcha. I know it's a pain. Some clerk's act as gate keepers and some counties are more strict than the rest. San Diego county is one that does that. I'm sorry for the trouble, it appears that they are confounding us all.
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