[WSBAPT] Receipt of unfiled answer from pro se defendant

Eric Nelsen Eric at sayrelawoffices.com
Tue Jul 16 14:30:34 PDT 2019


When that has happened to me in the past, I haven't filed it, but I have treated it as contact sufficient to create a duty to give notice if I intend to take a default or anything like that.

Absent unusual circumstances, I don't want to take the responsibility for doing anything for a pro se, even just filing a document; especially if it's a litigation case where there is a genuine adversarial relationship between my client and the pro se. Remember: No good deed goes unpunished. Even a trivial "help" to a pro se can end up having unintended negative consequences for your client.

In something like a probate administration, I might not be quite so unforgiving.

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of JOYCE SCHWENSEN
Sent: Tuesday, July 16, 2019 1:46 PM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Receipt of unfiled answer from pro se defendant

Listmates,

I received by mail a hand-written answer from a pro se defendant. It hasn't been filed and is not formatted correctly. Do I have some responsibility to file it with the court, or can I just mail it back to the defendant with a letter stating that it is their responsibility to file it with the clerk, and otherwise treat it as an appearance? If I need to file it, any suggestions about how? Should I mail it to the court clerk for paper-filing, try to e-file it as-is, put some type of cover sheet with a statement from me as to where it came from?

Thanks, Joyce

Law Office of Joyce S. Schwensen
Joyce S. Schwensen, PS
12055 15th Ave NE
Seattle, WA  98125
Tel: (206) 367-1065
Fax: (206) 899-1674
Joyce at SchwensenLaw.com<mailto:Joyce at SchwensenLaw.com>
www.SchwensenLaw.com<http://www.schwensenlaw.com/>

PLEASE NOTE NEW ADDRESS: 12055 15TH AVE. NE, SEATTLE, WA 98125.

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