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Signed for receipt, yet no proof of receipt

A signature 'for receipt' does not always prove that the addressee actually received a piece of mail. The judge ruled that such a signature — for example, illegible or belonging to someone else — may be insufficient evidence. For important letters,...

Published on March 1, 2022 by MKBjuristen.nl
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A signature 'for receipt' does not always prove that the addressee actually received a piece of mail. The court ruled that such a signature—for example, if illegible or belonging to someone else—can be insufficient evidence. For important letters, such as a reminder or notice of default, this poses a serious risk.

The sender must prove receipt

Anyone relying on a letter must prove that the addressee received it or could have received it. That is why important letters—a notice of liability, a formal demand, or a notice of termination—are often sent by registered mail: the signature upon receipt must provide that proof.

No proof of receipt after all

The judge ruled that a signature on registered mail does not always prove that the addressee received the document. If the signature is illegible, or signed by someone other than the addressee, it is not established that the correct person received the letter. Sending by registered mail alone is therefore insufficient.

Why this is important

For legal consequences that depend on receipt — the occurrence of default, the interruption of the statute of limitations, a valid termination — it is crucial that you can prove receipt. If you fail to do so, your letter may lose effect, with major consequences.

How do you stand stronger?

Combine mailing methods: send important letters by registered mail, regular mail, and email; retain proof of postage and track-and-trace records; and use specific wording. This increases the likelihood that you can prove receipt—or that the letter reasonably reached the addressee.

Frequently Asked Questions

Is sending by registered mail sufficient proof of receipt?

Not always. An illegible signature or a signature of someone else may be insufficient to prove receipt by the addressee.

Why is proof of receipt important?

Because legal consequences such as default, interruption of the statute of limitations, and termination depend on receipt. Without proof, your letter may lose effect.

What is the best way to send an important letter?

Combine registered mail, regular mail, and email, and keep all proofs of postage.

Want to have an important letter drafted properly?

Our legal experts draft a watertight demand letter or notice of default . View our contract lawteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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