Document is Plaintiff's Notice of Hearing for TRO and Writ of Possession. Nobody was home to accept it. Is it not a federal offense as per US Code?
"Professional mail carriers are the only ones who can, by law, place anything inside of your outdoor mailboxes.
Tampering with mail boxes is a federal crime. Aside from the police, the United States Postal Service has its own protection in place to assure the proper mail boxes laws and regulations are followed. U.S. Postal Inspectors are stationed at post offices across the country to ensure safety and protection to property of the United States Postal Service including custom mailboxes at your home or office. "
And if so, is there a form or notice to file in court or forward to plaintiff?
Kindly advise/confirm. Thank you.
I agree with attorney Chamakis, hire an attorney and check the court file to see if the claimant is saying you are served either personally or by substituted service. If you do nothing, you will likely be defaulted!
Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only.
4 lawyers agree
Car / Auto Accident Lawyer
This is a very serious situation that needs your immediate attention. You should hire an attorney to protect your interests immediately. The party may be trying to serve you by substituted service, rather than personal service. This party will most likely claim proper service and try for an adverse order against you. You may be able to check the court's website or check the court file for a proof of service. Then you may be able to attack the service as invalid, such as by Motion to Quash Service. Either way, be proactive.
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8 lawyers agree
Personal Injury Lawyer
Another option is to not wast time and energy fighting service of process, (since they will ultimately serve you properly ) and spend your energy fighting the TRO. Make sure you appear in court on the designated date regardless. The mail tampering is a separate matter that you could pursue separately. Good luck.
I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.
Divorce / Separation Lawyer
It has been my understanding for quite a number of years that no one can put mail in the mailbox other than the U.S. Postal Service. To initiate any sort of action, I believe you would have to file a Complaint with your local Postmaster. In regard to your personal situation, this may not come into play because the FBI is not going to jump all over this situation and get involved in your issues related to TRO and Writ of Possession. In regard to whatever it was you were served to the mailbox, you need to appear or retain legal counsel to appear and explain to the Judge why there is not effective personal service or substitute service in regard to the Pleadings.
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