Legal notice?

[steve999990]

What is the name of your state (only U.S. law)? Rhode Island

A notice of violation and administrative penalty was sent by a state agency by certified mail to my office address. My adult son signed for it. At the time I was living in Florida. I did have discussions and emails with the agency but was unaware of the penalty. On returning to RI, I received a collection letter for the penalty. I appealed the penalty but was denied because the 20 day appeal period had expired and they claim legal notice was given. My question, Is this legal notice?

 

[justalayman]

it is simpler to ask you:

why would you think it is not legal notice?

 

[steve999990]

it is simpler to ask you:

why would you think it is not legal notice?

Because I never received the notice and was living in Florida.

 

[quincy]

Because I never received the notice and was living in Florida.

Your adult son works in your office? In what capacity?

Your son signed for the notice but never informed you of its receipt?

 

[justalayman]

Because I never received the notice and was living in Florida.

but apparently you have a business presence in Rhode Island and from the sound of the violation, it sounds like it might have been a business matter. Was it? If so, is the address it was sent to the address registered with the state for business purposes?

 

[steve999990]

but apparently you have a business presence in Rhode Island and from the sound of the violation, it sounds like it might have been a business matter. Was it? If so, is the address it was sent to the address registered with the state for business purposes?

It was related to a residential property I own and the contact address for the property is my office address.

 

[FlyingRon]

It was related to a residential property I own and the contact address for the property is my office address.

Then it sounds like you were properly notified. I assume the property itself is in Rhode Island?

 

[steve999990]

Then it sounds like you were properly notified. I assume the property itself is in Rhode Island?

Yes, and thank you for your input. So in the future if I cannot personally accept certified mail, it would seem best if no one accepts it on my behalf because there is no guarantee I will receive it or view it in a timely manner.

 

[justalayman]

Yes, and thank you for your input. So in the future if I cannot personally accept certified mail, it would seem best if no one accepts it on my behalf because there is no guarantee I will receive it or view it in a timely manner..

that depends. If the notice is sent to your business or to you as the owner or officer of the business, they are not accepting it on behalf of you but on behalf of your business. In that same note, if they refuse it, they would also be refusing it on behalf of your business which in itself could allow the sender to take action based on the notice, depending on what it actually involves.

 

[steve999990]

that depends. If the notice is sent to your business or to you as the owner or officer of the business, they are not accepting it on behalf of you but on behalf of your business. In that same note, if they refuse it, they would also be refusing it on behalf of your business which in itself could allow the sender to take action based on the notice, depending on what it actually involves.

The property is in my name. The office is my personal office and there are no employees, no other legal entities like corp llc etc

 

[Silverplum]

'Scuse me for addressing the elephant in the room, but you are not blaming the correct person/entity. You know who to blame.

 

[justalayman]

The property is in my name. The office is my personal office and there are no employees, no other legal entities like corp llc etc

so son is slave labor or just likes hanging out at your office. Gotcha.

I don't think there is one size fits all answer to your question. Depending on the specifics of the situation, in most situations, it is likely a simple refusal to accept the letter will serve your purposes but I do not believe that address all possible situations.

 

[FlyingRon]

Well it would be better if you recorded an address that you could get such notifications at reliably. That's why you provide one.

In fact, you were probably notified as soon as the certified letter was posted. Doesn't matter if anyone signed for it or received it.