coldblackheart
Junior Member
What is the name of your state (only U.S. law)? Washington
Based on the judgement of a property settlement agreement in a divorce decree, a monthly payment must be sent and received before the 10th of every month. A late fee is applied if received after that date. The recipient recently attempted to charge a late fee after not having received the payment until the 13th of the month Upon verifying the Certified Mail tracking number, the payor realized that there was an attempted delivery on the 1st and 10th of that month. It was simply not signed for and picked up until the 13th. A letter was sent to the recipient with printed proof of the attempted deliveries and request to remove the late payment. Two weeks later, the recipient responded with a letter, advising that Delivery via Certified mail is not considered 'received' until it is signed for.
Regardless of attempted deliveries prior to the due date, it seems the signed date could be delayed by the recipient, at which point, the payor becomes responsible for ensuring that the payment is collected in a timely manner. This defeats the purpose of even attempting to send a payment in time as the ball falls entirely in the recipients court. What is the best way to send this payment in order to legally ensure that the recipient cannot charge a late fee?
Based on the judgement of a property settlement agreement in a divorce decree, a monthly payment must be sent and received before the 10th of every month. A late fee is applied if received after that date. The recipient recently attempted to charge a late fee after not having received the payment until the 13th of the month Upon verifying the Certified Mail tracking number, the payor realized that there was an attempted delivery on the 1st and 10th of that month. It was simply not signed for and picked up until the 13th. A letter was sent to the recipient with printed proof of the attempted deliveries and request to remove the late payment. Two weeks later, the recipient responded with a letter, advising that Delivery via Certified mail is not considered 'received' until it is signed for.
Regardless of attempted deliveries prior to the due date, it seems the signed date could be delayed by the recipient, at which point, the payor becomes responsible for ensuring that the payment is collected in a timely manner. This defeats the purpose of even attempting to send a payment in time as the ball falls entirely in the recipients court. What is the best way to send this payment in order to legally ensure that the recipient cannot charge a late fee?