I know, YANAL, YANML, YDNWLS (You do not watch law shows), etc. I’m not looking for information specific to my case but just kind of a general concept.
Let’s say you have a contract, in this case a lease, where all notices, alerts, etc. are to go to a private mailbox via CMRRR. Whenever UPS, FedEx, USPS drop off a package that needs to be signed for (such as CMRRR), the worker at the Mailbox Etc. signs as an agent of the person the package was sent to. The problem I am facing is the other party now will claim they never received the statutory notice because they never signed for the letter.
So is there a general element of contract law that states that if you put a mailing address into a contract and an agent there signs for it, that it counts as you having received it for all legal notices?
This might answer your question. For a USPS delivery to a PO Box, but I’m sure it’s the same process for any private box.
The person could deny he never received the package only if he never checked his box. However, you have proof that the letter is in fact sitting in his mailbox. I’d say that means the notice was sent to the person and you’re good. You can’t force someone to check their mailbox or read anything.
You’re particular question re: agency would likely hinge on the particular contract.
The contract would need to state that the employees there or the business itself is a “designated agent” for the purposes of receipt. This is usually stated in the Contract, and it’s something that an experienced Contracts Manager is always on the look-out for. I always check to make sure that the address given is a designated business address, or else make sure that language is there. The paragraph that defines notice should delineate. Something along these lines:
"Any notice, consent, demand, or request required or permitted by this Subcontract shall be in writing and shall be deemed to have been sufficiently given when personally delivered or deposited in the United States mail, postage prepaid, addressed as follows: . . . " And then the address.
In general though, if you can prove that your correspondence arrived at the address given by the party in the Contract, you’re golden. Look also in the first paragraph, and see if there is a different address in the area where the parties are defined, if so, send to both.
If you have any reason to believe that the person will no longer receive mail sent to that address (such as a previously returned item) then you’ll need to make sure you investigate the rules of service/notice in the particular court.
Nope. At least at this Mailbox Etc. the person working the counter signs for it.
There is a similar statement, though not as formal, in the contract. I guess what I’m looking for is something like let’s say I write in a contract to send all notices via CM to 2000 Pennsylvania Ave, Washington D.C. and someone there as a matter of course signs for it. Since I put it in the contract is it my responsibility to make sure I get the letter or can I come back later and say I don’t live/work there so I didn’t receive it. Seems to me if the latter that would be open for abuse in contracts.
This may not apply in your case, but the definition of “delivery” is different for real estate transaction documents, at least in my state. It doesn’t mean what is logical, that the document was given to the recipient. If you need me to expand on this, just say the word.
Actually, while IANAL, I believe that in some cases, the guy who never checks his mail actually can legally deny he got it.
(I was part of team that needed to send something with proof of delivery, and he didn’t sign for the USPS mail, either because he was trying to get away with something, or some other reason, who knows).
That’s when you need a process server or someone to physically hand the guy whatever document he’s getting. Or, in our case, you need to send it to his secretary by FedEx (signature required), since he forgot to tell his secretary not to accept anything with a signature. Of course, y the secretary working for the target company/individual is obviously in a different legal state than the MailBox R Us employee, so my little story doesn’t really affect the OP; just saying that the recipient can indeed ignore the notice about a signature required letter and have a valid defense.
If its posting acceptance of a contract, the the Postal Rule applies and acceptance takes place at the time it is posted, whether or not the person receives it or not.
Also, most contracts specify not only where a notice/communication is to be sent but also the method by which it will be deemed to have been effected on the other party. So a contract might say that it will deemed to have been served on you when sent by registered mail while others might specify that effectance only takes place when received.
With statutory notices the relevant rules and regulations will set how service is effected. In my own jurisdiction, some notices are deemed to have been served on a person when sent by registered post while others are effected only when a person signs a receiving slip.
I’m going to guess that the Mailboxes, etc. contract has something to the effect of “You agree to appoint us as a designated agent to receive CRRR correspondences.” And mailboxes, etc. will certify that they notified the box holder that he had something to pick up. It does depend on the wording in your contract and how the judge who would resolve the matter is feeling that day.
I don’t know about contract law in general, but I was in small claims court a year ago and overheard another case. The plaintiff was arguing with the judge about whether proper notice had been served. The plaintiff insisted that a signature of an authorized agent (a secretary in this case) on a certified letter should indicate that notice was served. The judge ruled that it had to be the signature of the actual defendant and no one else.
So… there are at least some notices that may have special requirements other than what a contract stipulates.
In NJ, what constitutes proper service is detailed in the court rules. I suspect this is the same for most other jurisdictions. The unannotated version should be available online at one of the websites maintained by your state government.
I’d go with AK84’s view, as USPS code IS federal law, overall. ESPECIALLY in D.C., where ANY state law would be moot and only federal code/law applies.
The key is, HOW was the mail sent? Registered? Certified? First class?
If registered, well, federal code is king, as even SECRET documents can be sent by registered mail.
In other states, one needs to consider law for mail room employees being or not being agents of the company. That said, it still boils down to REALITY in a court of law.
Would, in civil cases, an officer of the company be viewed, as a reasonable person would presume, to NOT have received registered or even certified mail, after the same arrived at the mail room.
A reasonable person would normally presume so, as BUSINESS REQUIRES timely service of mail.
Lest some unforeseen conditions prevail, which would also be reasonably proven as a fact.
Without specifics to go on, it’s beyond difficult to consider a true or false condition.
Which is WHY we have courts of law and attorneys.
The courts have their own very specific rules about serving notice in litigation cases.
The answer to the OP’s question is, basically, “no”, there isn’t a universal provision of contract law that addresses such a situation. We’d need to know the jurisdiction, and even then we’d probably need to be lawyers familiar with that jurisdiction. And even then the answer might well depend on circumstances.
That was me at the first SC hearing? Were you there?
I found his actual address and he is now properly served (I sent the sheriff out the second time) but the problem will arise with the “I will sue you in seven days if we don’t resolve this” notice required by my state. My claim will be that “notice” is different than “service” and that notice is OK with CMRRR while service is not. Ah well, even if I win with triple damages its not like I’ll ever see the money.