Legal Question in Civil Litigation in Indiana

Certified Mail

If your wife happened to be mad at you and she refused some certified mail addressed to yourself and 10 days later when she got over it she told you she rejected something certified mail for yourself that she ''thinks'' was from some law firm, what can you do? Would the law firm make another attempt to mail it back to you, and if not, would you be in trouble if there was some important info in it and you ended up missing some sort of deadline for court? More or less, would you be held liable for something that you never received in order to make a reply to the document?


Asked on 3/17/03, 5:46 pm

2 Answers from Attorneys

Samuel Hasler Samuel Hasler

Re: Certified Mail

By refusing there was no service, without service you ought not have any problems. Now if it was a law firm wanting to let you know that you just inherited a few million, that might be a different story. As for anything related to a court proceeding, you need to be served with the papers which means the certified mail was accepted. What would have been worse was for the certified mail to have been accepted and you never told about it.

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Answered on 3/18/03, 2:32 pm
C. David DuMond Law Offices of David DuMond

Re: Certified Mail

If the certified letter contained a summons and complaint, the law firm would not be able to truthfully tell the court that you had been served. But they may have by now obtained permission to "publish" the summons in some obscure local newspaper. So if you can by any stretch of the imagination determine who might be suing you, get in touch with those people and make inquiry. Or check your local county clerk's office to see if you have been sued. Even if there has been a complaint filed against you, and a default judgment entered against you, you can probably get the judgment set aside if you have a defense of some sort to the complaint. Just tell the court you have an occasionally spiteful wife. They'll believe you. Still, it would be a good idea to consult with a real attorney, in person. Ask your county bar association for a referral.

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Answered on 3/17/03, 8:53 pm


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