I get hundreds of emails daily, plus the texts and app messages that come in my mobile phone throughout the day and often late into the night. I have always been an early adapter of technology, so this post may surprise people who know me.
Emails can go off into cyberspace, fail to be delivered, be accidentally deleted or vanish completely from servers.
Faxes can be sent to a wrong phone number or fail to send, with a human operator unaware of whether the fax ever reached its intended recipient.
But paper sent through the United States Post Office remains the king of all legal documents. Paper cannot be lost, deleted, bounced, hacked, or spammed.
Under the rules of evidence, there is a very strong rebuttable presumption that a letter put into a mailbox was delivered.
To this day, when you serve something by mail and you file an affidavit of service with the court, it is deemed served
It is next to impossible for individuals to argue that they received no letter.
Our office sends certified and regular mail -the certified mail can come back as unclaimed - not unknown - there is a difference. The United States Post Office attempts to deliver three times and it will come back with one of three responses:
- Address unknown
- Not at this address
Unclaimed means that the USPS tried to make delivery three times and has left a slip advising the intended recipient they can come to the local Post Office and pick up the letter.
When you serve a document that is unclaimed, it is deemed to have been served.
People cannot avoid service by not picking up a piece of mail.
No matter what you want to say or do, paper is still king.
And you can email, text or send me a fax about it – but if you send me a letter, I will respond.