When You Receive Something How Can You Prove That It Was Received?

[easynbwc1]

When You Receive Something How Can You Prove That It Was Received?



My guess my be a "Certificate of Receiving" or Something.



There's a Affadavit of Mailing (but that is for sending something)



IE Someone executes the contract re copyright , but

there is no postmark on the envelope.

[suijuris]

Well, first off, you have the physical evidence, the contents of the mailing, even though the postmark is missing. That is really weird though...



Also, just like anything else, you can make an affidavit stating the facts you have first hand knowledge of.

[Jerseee]

with a return receipt. If used.

[EnSabahNur]

Originally Posted by easynbwc1

When You Receive Something How Can You Prove That It Was Received?



My guess my be a "Certificate of Receiving" or Something.



There's a Affadavit of Mailing (but that is for sending something)



IE Someone executes the contract re copyright , but

there is no postmark on the envelope.

Is it something you want to admit to recieving? If it is then the simple fact that you now have it is pretty much proof enough. You can make an Affidavit about absolutely anything you want, as long as it states only facts, and you have first hand knowledge of the facts.



If it is something that you are disputing that you got, then simply put "Prove it".

“The rule is well settled that if a letter properly directed is proved to

have been either put into the post office or delivered to the postman, it

is presumed, from the known course of business in the post office

department, that it reached its destination at the regular time, and was

received by the person to whom it was addressed.” Rosenthal v. Walker, 111

U.S. 185

[SKYGZR]

onemaster, and others,



Mail does get "lost" or "mis-routed". There have been numerous times where I am en-slaved/employed, that a recipient of a "mailed" check has not received such, and a "stop payment" has had to be issued, or requested to the "bank" and another payment/check "cut" and remailed.

So the following seems to "leak" very badly, and has many holes. Remember, the USPS is afflicted with all ills associated with potential problems...Humans, and Machines...mixed together, there is no sure way to insure delivery unless one uses "REGISTERED or CERTIFIED MAIL / Return Reciept". (REGISTERED is the Prefered method)



**A personal note:

Although, most recent correspondence "mailed" to the IRS / c/o Dept of The Treasury in DC, the "green card/RR" was never returned, yet, was able to be tracked and "delivery confirmed" using the USPS web site.

Unless it can be tracked, and confirmed, then it's not "a given, a sure thing, or any "Rule", period!!!









“The rule is well settled that if a letter properly directed is proved to have been either put into the post office or delivered to the postman, it is presumed, from the known course of business in the post office department, that it reached its destination at the regular time, and was

received by the person to whom it was addressed.” Rosenthal v. Walker, 111 U.S. 185

[easynbwc1]

Well the whole reason I brought this up was
to document the (copyright) trademark usuage to get collection.

I guess my question should be do you need the postmark in order to
prove when you received the written communication? If not can someone
post an affadavit ie for that or one they might use?

Then proceed with you know the Ucc -1 filing claim etc., invoice ....

[Jerseee]

good luck with that. Let me know if you ever get paid from that.

[KITCHIE]

Hey There,

Why not use a Certificate of mailing, and ask someone to make a declaration that they mailed it for you, so that you a an independant third party witness?

Kitchie

[Jerseee]

Kitchie,

the post office is a independent disinterested third party witness. the postmark is a good start.