![]() ![]() The appellate court vacated the default judgment on the grounds that the postman’s notation of “Covid 19” or “C19” did not qualify as a valid signature under Ohio Civil Rule 4.1(A)(1)(a), which authorizes service of process by certified mail. Without proper service, the trial court lacked personal jurisdiction over the defendant, which in turn required the default judgment to be vacated. The defendant argued that the designations on the return receipts-“Covid 19” and “C19”-did not demonstrate that a person received the summons and complaint. Rather than moving to set aside the default judgment, the defendant appealed to the Court of Appeals of Ohio, First District, Hamilton County. This prompted the defendant to answer the complaint, but it was too late: The court entered default judgment in favor of the plaintiff that same day. After several months, the plaintiff moved for a default judgment. The defendant did not file an appearance or answer the complaint. Under the COVID-19 Continuity of Operations Update, carriers were to maintain a safe distance from the recipient, ask the recipient for a first initial and last name, write the information on the return receipt, then have the recipient step away while the carrier places the mail somewhere for the recipient to retrieve it. Postal Service (USPS) modified its procedures to limit its mail carriers’ proximity to customers. To help stop the spread of COVID-19, the U.S. Mail carriers delivered the documents to the recipients but wrote “Covid 19” and “C19” on the signature lines rather than requiring recipient signatures. The clerk did so, sending the summons and complaint to both the defendant’s registered agent and its principal place of business. The plaintiff’s attorney delivered the summons and complaint to the clerk with instructions to serve it by certified mail. , the landlord plaintiff sued the defendant, its tenant, after the defendant abandoned its office space and stopped paying rent during the pandemic. The Court itself is not precluded from using it in Pennsylvania.Plaintiff Complied with the Letter of the Law, Letter Carriers Did Not.In West Virginia, electronic return receipts can be sent when serving foreign corporations per this and that.The money saving benefits are pointed to on a Nebraska Small Claims Court form, although their legislature or bar has not made explicit that it can be used.A Pennsylvania court explicitly permits electronic return receipt.Here are similar rules in Indiana's Randolph and Henry Counties.In April of 2009, Washington passed House Bill 1426 allowing the use of ERR when a Return Receipt is authorized or required.Here is one such notice from the New Jersey Supreme Court.We feel that while this abundance of clarity is helpful, it is also a bit of "belt and suspenders" given the Postal Service's Sent with a Green Card, then it's going to be tough to know if Return Receipt Electronic is acceptable.Īll courts' statements we have seen are clear that the Return Receipt Electonic can be used in place of Certified Mail Return Receipt Requested The USPS declaration is helpful, but if the courts see a difference between Certified Mail sent Return Receipt Electronic and Certified Mail However, because either party can get the PDF directly from the USPS, this should essentially eliminate any risk of spoliation controversy. ![]() The Green Card has the original ink on paper, whereas the PDF just has a They both contain the receipient's signature acknowledging receipt. that provides proof of delivery for Certified Mail™. Return receipt (electronic) is the equivalent of the traditional "green card". The USPS announced Electronic Return Receipt in September of 2004 on of USPS Postal Bulletin 22137 stating: Is There a Legal Difference? The USPS Says. Your mail piece to the post office to be scanned in. Docsmit unlocks the discounted rate by bringing The mail piece is scanned in for an Origin Acceptance when received by the post office. Sending using the less expensive Electronic Return Receipt can only be done via an electronic service (such as Docsmit) or by bringing the mail piece toĪ post office. You can also enter the 20 digit tracking code on the USPS website to get it yourself by email. Those emails can be imported directly into document or case management sytems - sometimes even automatically. We get the PDF for you and deliver it to your email, along with your original document and our Certification of when we mailed it and when it was deliveredĪnd signed for. We are able to detect the signature within a few hours (when the USPS delivery person uploads his route's data). When the recipient signs for receipt of the certified mail, the signature and delivery address is scanned the USPS and placed in the PDF. ![]()
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