Different Dates on Proof of Service vs. UPS Records

[ottoreload]

Hello, I am in the middle of a civil trial in which I am representing myself. I have received four separate packets of documents from the plaintiff’s attorney. In each instance the documents were delivered via USPS certified mail. I downloaded the deliver confirmation from the USPS website that shows the delivery date as well as the date mailed. After looking through each package I noticed;

1. Each set of materials came with an affidavit “Declaration of Mailing” in which someone makes a sworn statement that they had mailed the documents on such in such date.

2. One package has an “affidavit of attorney for plaintiff” in which the attorney writes about how I was legally served then states “…The defendant(s) has appeared herein, but has failed to file an answer.” “… more than 20 days has elapsed since the making of the complaint and is now in default as to such service.”

3. In the same packet as above was a “motion & affidavit for an order of default and in the alternative a notice of trial”. In it the attorney writes; “…moves the court for an Order adjudging the above-named defendant to be in default for want of for want of answering in this action: and moves that the matter be set for Default Hearing..”. He then goes on to ask the court to set the matter to trial if an answer is filed.

Item # 1
In each instance the date on the “Declaration of Mailing” doesn’t match the date that it was actually mailed, each document package was mailed between 3 & 5 day after the “sworn” date on affidavit of mailing.

Items # 3 & 4
I am not sure what is meant by “the defendant(s) has appeared herein” in item # 2. However it seems that he is implying that I didn’t answer the complaint in item #2 & 3.

The thing is I did answer the complaint, had it stamped by the courthouse, mailed it to him (same day), and I have a recipe from the USPS showing that it was delivered to his office and signed for 7 days prior to the 20 day expiration.

Did the server commit perjury?
Did the attorney commit perjury?
Can I have the case thrown out based on this?

I decided to represent myself because they are suing for (a medical bill) $148.00 + cost/fees (can you believe that?), & I figured this would be a slam dunk. I have a letter from my insurance company (it’s a CC of a letter was sent to the provider) stating that I am not responsible for the charges. I wasn’t allowed to enter it into evidence because “it was hearsay” based on the fact the original author (or a company rep) was not there to validate the letter.

So with the above in mind and if the wrong dates are of any use to me how do I get the electronic USPS receipt entered into evidence? Subpoena the USPS?

Thanks for your input.

[Mr. Knowitall]

In terms of the default, the issue is not when you served the other party. It's when you filed your answer with the court. I can't read the motion for default from here, so you would have to tell us what it says - the claim, for example, may be based upon your failure to file a legally sufficient answer to the complaint.

Why did you expect that anyone in court would care what your insurance company thinks about what the outcome should be? The court makes its own decision, based upon the evidence you and the other side present in court.

How did the errors in the dates affect you? Apparently you weren't defaulted and did get your day in court.