Boxcarbill, summer possession question...

[ktarra617]

What is the name of your state? tx

we mailed a crrr letter to my hubby's ex this week because she has to be notified by May 1st of when my hubby is taking his summer possession. It has been a week and she has yet to pick up the letter. We have sent another one regular mail just to see if we get that one back..

If she refuses to pick up the crrr one and we don't get the other back can we assume that she has been notified and go ahead and go by our plans that we stipulated in the letter to her?

We are afraid she is trying to avoid the letter until after May 1st. So that she can say she wasn't notified and then my hubby would be forced to take the month of july instead of how we decided to do it this year.

any thoughts?

 

[MommieBear]

I believe it is my understanding that the written notice is deemed to be made timely if the letter is received or POSTMARKED before or at the time the notice is due. Do you "sent via First Class Mail and CMRR +the notice number" on the letters? If you did the court should see that you made the notice. I was told that it is presumed that if you send it both ways then the other party would have received one of them. Another option is that since it is still before May 1st, maybe you should send yet one more letter but send it with a delivery confirmation, that way you will have confirmation that it was delivered to that address.

 

[Boxcarbill]

What is the name of your state? tx

we mailed a crrr letter to my hubby's ex this week because she has to be notified by May 1st of when my hubby is taking his summer possession. It has been a week and she has yet to pick up the letter. We have sent another one regular mail just to see if we get that one back..

If she refuses to pick up the crrr one and we don't get the other back can we assume that she has been notified and go ahead and go by our plans that we stipulated in the letter to her?

We are afraid she is trying to avoid the letter until after May 1st. So that she can say she wasn't notified and then my hubby would be forced to take the month of july instead of how we decided to do it this year.

any thoughts?

The law presumes that a letter properly addressed with sufficient postage attached and mailed by U.S. postal was received. The burden of proof then shift to the addressee to prove that the letter was not received. With a receipt from the post office for certified, rrr, you not only have objective evidence that the letter was properly addressed with the proper postage but the date on which the letter was mailed. That is all that is required of the sender. If the addressee does not wish to pick up their mail that is their problem.

Sidenote: If you don't already know and want to know when delivery was attempted enter the label number in the "track and confirm" window and hit go on the following link page: http://www.usps.com/shipping/trackandconfirm.htm

 

[ktarra617]

Thanks, Bill!!

That is what we thought but we wanted to hear from someone who's been doing this a good long while!!!

Thanks again!