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California - Pay/Appear within 15 Days - Does date of Postmark hold up in court?

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Travka

Junior Member
Hello,

I have a civil matter in which I failed to appear in court and I must PAY or APPEAR within 15 days of a notice in the mail.

I've mailed a check to a Court in California toward the later part of the 15 days. However, the letter/check should be postmarked within the 15 days. It is unlikely to arrive before the the 15 days but should be postmarked prior. Will it be considered late?

While obviously i'm not a lawyer, I did find this:

26 U.S. Code § 7502 - Timely mailing treated as timely filing and paying
a) General rule
(1) Date of delivery
If any return, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under authority of any provision of the internal revenue laws is, after such period or such date, delivered by United States mail to the agency, officer, or office with which such return, claim, statement, or other document is required to be filed, or to which such payment is required to be made, the date of the United States postmark stamped on the cover in which such return, claim, statement, or other document, or payment, is mailed shall be deemed to be the date of delivery or the date of payment, as the case may be.
I'm under the assumption that I could be okay but then again, this brings up a second question, is this seemingly Federal Law, applicable to a State Court?

Thanks for your time!:confused:
 


Isis1

Senior Member
Hello,

I have a civil matter in which I failed to appear in court and I must PAY or APPEAR within 15 days of a notice in the mail.

I've mailed a check to a Court in California toward the later part of the 15 days. However, the letter/check should be postmarked within the 15 days. It is unlikely to arrive before the the 15 days but should be postmarked prior. Will it be considered late?

While obviously i'm not a lawyer, I did find this:

26 U.S. Code § 7502 - Timely mailing treated as timely filing and paying


I'm under the assumption that I could be okay but then again, this brings up a second question, is this seemingly Federal Law, applicable to a State Court?

Thanks for your time!:confused:
as of right now.....are you late?

if you are to pay OR appear and you are not legally late....what is stopping you from walking into the office or paying online?
 

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