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Petersburg Clerks office at it again.

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TFred

TFred

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VCDL President said:
We may have to do a writ of mandamus on this. First I'll talk to the clerk and see if this can be resolved the easy way or not.
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I wish I could be a fly on the wall watching the clerk during that phone call. These kinds of folks aren't used to talking to people who can say things like, "We have the resources AND are perfectly willing to file suit over this, it's entirely up to you..."

:)

TFred
 
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builtjeep

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Thanks Philip. my phone number is in the pm I sent if you need to contact me. I will scan documents tomorrow to send to whomever may need them.

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paramedic70002

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TFred said:
Just a thought, you might want to mention in your letter that their 45 day timer started the day they signed the original return receipt, and you will be there on day 46 to pick up your permit.

I would almost be tempted to just write that alone. Let them figure out how to do their job on their own. Of course, since they have effectively destroyed your original application (by returning it to you) they are now literally unable to comply with the law.

Frustrating.

TFred

ETA: Interesting question, did they violate the law if they returned your official document without keeping a copy for themselves? Are court clerks legally allowed to essentially destroy official court documents like that?
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Not sure if that would work, or give you standing to pursue other remedies, but I like it.
 
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builtjeep

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Still waiting to hear back from Phillip before I proceed with anything else. I will be stopping by to ask for their guidelines on CHL application on my way home though.
 
celticredneck

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builtjeep said:
Like many of you, I OC most of the time, but keep a CHL for those times when OC is not possible or not prudent. Some of you may remember the hassle I went through with the Petersburg Clerk's office 5 years ago. It appears that nothing has changed.

As my permit is coming up for renewal, I decided to take advantage of the changes in the law over the last few years and renew by mail, within the 90-180 day window so that my new permit will begin when the old one expires. So I sent my notarized application, via certified mail, along with a $50 check to the clerks office. I recieved my return reciept Monday.

Today, I recieved in the mail, an envelope from the clerks office, containing my application, my check, and a post it note stating "The application has to be taken to the Police Department along with $35 and identification to have background checked." signed by C. Pettiford

This is the same process they insisted on 5 years ago, when the Clerk told me that the law was written wrong and that his 45 day period did not begin until he received the application from the police dept.

Right now my plan is to print the applicable laws, highlight the relevant sections, and re-mail the application, along with a brief letter informing them that they are in violation of state law. Again by certified mail. Any other suggestions?
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I see that Petersburg is still Petersburg. I hope that you will be able to find somewhere else as soon after the baby as possible. I'll probably give you a call either tonight or tomorrow.
 
Grapeshot

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builtjeep said:
Still waiting to hear back from Phillip before I proceed with anything else. I will be stopping by to ask for their guidelines on CHL application on my way home though.
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Philip with one L or PVC = we'll know who you mean.:)
 
user

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Your filing date is the date the paperwork was actually received in the Clerk's office. What they do with it internally is their problem. The real question is going to be whether or not they issue you the new permit on time. One thing I think is mission critical that people understand is that the application is a new case filing as far as the Clerks' offices are concerned, so you need your case number. You can file a motion in the Circuit Court under that case number to have any "peculiar" situations like this taken care of. If they haven't issued a case number, then I'd file a petition in the Circuit Court for a writ of mandamus requiring them to accept your application as filed and to issue a case number. But then, I don't have to pay a lawyer...
 
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builtjeep

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user said:
But then, I don't have to pay a lawyer...
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Indeed, which is one of many challenges in this situation. They have not issued me a case number as far as I'm aware. I'm pretty sure that they are going to claim that they either never received the application (which I can disprove) or that I somehow mishandled things. I believe PVC is still waiting on a return call from them, which I'm less than optimistic that he will receive.
 
user

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Have they issued you a receipt for your having paid the filing fee? Has your check been paid by the bank? I think that establishes your filing date. You could call them and ask for the case number.
 
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builtjeep

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no, they mailed my check back to me. the only thing I have is a post it note from C.Pettiford, and my return receipt from the post office showing it was received and signed for.

Sent from my DROID RAZR using Tapatalk 2
 
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builtjeep

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If I lived elsewhere I'd write to my representatives, but mine are Marsh, Dance, and another anti gunner whose name escapes me right now.

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Tosta Dojen

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I suggest contacting Senator Bill Carrico. In the General Assembly's 2010 session, he introduced HB 8, which provided most of the current requirements for how a court must handle a renewal application.

I contacted him about a similar experience I had with the Roanoke City Circuit Court. He seemed interested until Philip Van Cleave erroneously told him the situation had been resolved, after which he stopped responding. :/ I think Senator Carrico would want to know that multiple courts are disregarding the law he wrote.
 
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builtjeep

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So it seems. Still not sure how they would even do their job after a writ of mandamus. Since they do not possess the application that they will be ordered to process.
 
Grapeshot

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builtjeep said:
So it seems. Still not sure how they would even do their job after a writ of mandamus. Since they do not possess the application that they will be ordered to process.
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That would seem to be their problem - suspect that could be resolved at the hearing......can hear the tap dancing already :lol:
 
TFred

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Grapeshot said:
Might take a Writ of Mandamus to bring the Clerk in line.
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After this disaster, I'm not sure why we still think that this is a good strategy.

Maybe someone who understands what happened at the end of that linked case better than I do can explain to us (me in particular) what happened in terms of how any positive precedent was set for the citizens at all.

As I read through that thread, what I take from it (admittedly from a completely uninformed perspective) is that the "good old boy" system is alive and well in Virginia, and that the citizens are still virtually powerless against it.

Someone please tell me that is wrong, and explain what happened to support a reason why.

What reason do we have to believe that a Writ of Mandamus will work any better in this case than it didn't work in that case?

TFred
 
Grapeshot

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TFred said:
After this disaster, I'm not sure why we still think that this is a good strategy.

Maybe someone who understands what happened at the end of that linked case better than I do can explain to us (me in particular) what happened in terms of how any positive precedent was set for the citizens at all.

As I read through that thread, what I take from it (admittedly from a completely uninformed perspective) is that the "good old boy" system is alive and well in Virginia, and that the citizens are still virtually powerless against it.

Someone please tell me that is wrong, and explain what happened to support a reason why.

What reason do we have to believe that a Writ of Mandamus will work any better in this case than it didn't work in that case?

TFred
Click to expand...

You have a point TFred - still no teeth/penalty in the law.

Just a certain amount of public acknowledgement/disclosure that they aren't doing there job. Only effective if they care about having a light focused on them.
 
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