Question for Mike WA and using certified mail

Mike for documents that are important and having to send bank checks. I have used certified mail to cover me and help the dingbats at the post office not lose it!!!!! Well latly people are ticked at me because they have to sign for it and even the postal lady was less than helpful (to much paperwork) Questions are 1. what is the normal on this these days. 2. Chain of custody to show they got it??? It has been widely debated that I could send you something but not prove you received it!!!! ALSO what advice do you have on this as I could say I never received a letter (i.e. jury duty) thanks.

Until Co Counsel Mike arrives, I will tell you what I recall about the "mail box rules" but that's been yearsssssssss ago so no warranty.

I remember three classes of US Mail....

1) "Proof of Mailing", is a document/receipt the post office stamps and gives you which provides evidence the item was indeed deposited by YOU with the US mail for mailing to a certain addressee. It isn't evidence it was received ONLY that YOU indeed posted it.

2) "Certified US Mail". This is evidence similar to the above and the US mail certifies YOU mailed it to a certain addressee. The post office has the document/receipt with you and your address and the addressee, plus you have a receipt.

3) "Certified US Mail with Return Receipt" This is the highest evidence, the post office certifies YOU mailed it to an addressee,,,,They must sing a receipt for its delivery which is then mailed back to you (The Green Card) and then you have evidence, YOU mailed it PLUS the addressee received it. In addition, the post office provides other evidence such as the addresee couldn't be found or refused it etc.

Proof of Mailing is a simple receipt you mailed it (but Post Office keeps no data),,,,,,,,,Certified US Mail proves you mailed it PLUS the Post Office has a record of such..........Certified Return Receipt proves it was mailed and provides evidence it was received or refused or the addressee couldn't be found etc.

PRESUMPTIONS: If I recall correctly, the law PRESUMES if it was mailed (and Proof of Mailing described above proves that for the sender) it was delivered and the addressee has the burden of proof to establish he did NOT get it

NOTE but that may just be for certified mail HELP ME OUT MIKE

ALSO if I recall correctly, if an addressee REFUSES to accept certified mail, the law provides NO protection and treats the addressee the same as if it had been received. IE YOU CANT AVOID SERVICE OR DELIVERY BY REFUSING TO TAKE THE MAIL. If its a legal "Service" the law takes the position you have been served anyway if you refused it REGARDLESS if you didn't see or read it

SOOOOOOOOOOOO if you don't want to burden the addressee with the hassle of signing for mail, if you just mail it with "Proof of Mailing" you have a receipt it was mailed but no further evidence like if it was refused or signed for and accepted, ONLY it was mailed. HOWEVER if you send it Certified Mail you and the Post Office have a receipt/document it was mailed and I believe that creates a rebuttable legal presumption it was received (which addressee has burden of proof to show it was NOT) BUT HE DOESNT HAVE TO SIGN ANYHTING.......The if you want the maximum protection of certified return receipt, he does have to sign or refuse etc.

John T Semi Retired Country Lawyer and rusty on the mail box rules so go by what Mike says who is still practicing

And then there is the Internal Revenue Service who, much to the shock and dismay of those many folks over the years who mailed their tax returns in via certified/return receipt mail, refuse to acknowledge that there was anything in the envelope. The IRS position has long been that they signed for an ENVELOPE and not contents.

Learned counsel has summed up very well on the subject. Just a couple of observations.

From a purely practical standpoint, use certified return receipt for private matters where you think the recipient might deny receiving it. Also for documents that you want to be sure don't get lost, such as documents where the signers are deceased or no longer available. In situations where the signers could all sign again if necessary, I just use first class (as do the real estate closing companies). Ditto for routine mailings of checks where you trust the recipient.

From a legal standpoint, I only use certified return receipt when the rules say I must. When we mail out notices, etc. to opposing parties, we generally don't care if they receive it or not, just that we comply with the statute. As to mailings between attorneys, I've never had opposing counsel deny receiving it- its just too lame an excuse to state to a judge. As John said, the "mailbox rule" says intended recipient is served as soon as you put it in the mailbox. And a sworn statement by the lawyer that he did so will prevail over the litigant who says he didn't receive it (the judge is always mildly amused when some guy comes to court and says he didn't receive the notice of hearing- it brings up a pretty obvious question).

I am not aware of any service or mailing rule that says you must send by certified only- always just first class mail, or first class plus certified. Eviction notices can be posted and mailed first class. A case in Seattle was thrown out because the notice was mailed by certified mail only (which was not picked up), not first class. The judge queried, "Who ever gets good news by certified mail? Especially one who is delinquent on his rent?" And he's right- probably 75% of my certified mailings come back unclaimed.

Priority Mail will allow you to track the letter and confirm it was delivered without requiring a signature.

Proof of mailing is worthless on it's own. It only "proves that on a certain date you mailed 'something" to "someone".Best take a selfie with you and closeup of envelope.

Experiences with TAX bills, not service of legal papers:

I once mailed a tax bill by regular mail, got a late tax notice. Went and showed the tax guy my check stub, no joy, he said that was no proof they received it. Since then I usually go to the court house and pay in person with a check and of course get a receipt. Local bank has been taking tax payments and sending them to court house. Recently the bank stopped. I asked them about it at they said there was too much liability if the payments were lost in the mail.

Payment of utility bills: Friend has a real estate business. He pays a city water bill for his home and his office. He put two checks for the two bills in the mail. The city cut his water off at home. Being short tempered and with an invalid wife, he went out to the street and turned the water back on, finished breakfast, etc., went to city office and had words and straightened the matter out. His office payment had gone through. Since then he goes to city hall, pays by check, and get a receipt. He also has taxes to pay on numerous properties. He send the bills in with payment by certified mail.

KEH

A year ago a large seed company told me to send my payment to them by bank transfer instead of sending a check by mail. They have had too much trouble with farmer's payments arriving months after they are sent, getting the farmer in trouble for a late payment.

Because of that news I sent two farm program contracts to landlords by certified mail the other day. They have to be signed and returned by Feb 27 so it's in my best interest to know if they arrived or not. I got one of the return cards today. I've never sent anything certified before so this is new turf for me.