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IronMan

An Alternative to Return Receipt Costs

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Yes, I'm back!! But as always, I'm pressed for time thesedays. Really, really pressed.

Here's something that I thought of about 2 months ago as I am engaging my last CA nemesis to help alleviate costs....at least in California. Why I didn't think of it earlier??? Dunno. $0.37 vs $5.00....

California Evidence Code has what are called presumptions. One presumption is that a letter sent through the mail is presumed to have been delivered. I'm sure many other states have this presumption as well. Perhaps it's a common presumption of law?

Now, instead of spending $5 to send a letter, I think it's more economical to go to the post office window and PURCHASE the postage from them. Don't use stamps! They'll generate the postage sticker and apply it to your envelopes. You then get a receipt from the postal clerk and you then save that receipt. Ask the clerk if they'd be kind enough to stamp the receipt for you too.

Later, when you need to prove that you sent the letter(s), you'll have your proof to show in court. The presumption, coupled with the fact you have postage receipts should satisfy the reasonableness that you did, in fact, send the letter and will strengthen the presumption that the receiver did receive the letter(s). The stamp will go to seal the proof of authenticity as well. That way the authenticity can't be raised at court.

I'm not going to argue that Certified w/ return recipt is the way to go for undisputed proof, but at $5 a pop, it's expensive when you have multiples to send off. Maybe spend the $5 for your final demand letter.

Fax is even better when you get a confirmation report. Especially those that put some of the image on the report sheet.

Just a suggestion for those of you who are finding the costs of traditional CM/RR too burdensome.

Cheers!

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This is sorta true. Better if you spend the .90 for what is called "proof of mailing." In proof of mailing, the PO stamps a receipt with the mailing address of the article on it.

But...Isn't there always a "but"...the green card gives you a name and a signature. The FDCPA lets you sue not just companies, but individual collectors for their actions. The extra leverage is worth the $4.30.

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It's a good idea, but courts don't always accept proof of mailing because sleezeballs can claim they never received much like the debtor can use as a defense as well. You could use Certified and USPS tracking to save on the green card.

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But a debtor CAN'T use I never received it as a defense.. thats the point.

They ASSUME that if it wasn't returned you got it. So if you get a proof of mailing then the court ASSUMES that the CA got it.

I have paid for proof of mailings and they have worked WONDERS with CAs

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I think the presumption of delivery -- or whatever the official name is -- is easily countered by the addressee pointing out the US Post Office's own stats on the amount of letters that are delayed, misrouted, destroyed or end up in the 'dead letter office', which is one of the reasons they offer certified, registered, priority and express mail in the first place.

Also,does a postage receipt have the recipient's address? I thought it just had the origination point. If so, you would still have to prove what you mailed.

I'm all for saving money, and although you have a valid point, I don't think it's that strong.

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Yesterday as I paid another $10 at the post office I was thinking about this whole issue.

Before I joined this board, I was considering hiring Lexington Law to do my credit repair. It would had cost me $79 to enroll and then $35 a month; I have no doubts that they are reputable and may deliver on their objectives but this board is teaching me how to do it on my own.

There is a special sense of accomplishement in doing it myself, it makes me feel like I am in control of the process, that I am the one fighting.

Also there is somethingelse that takes place, by going thru the pains, suffering, frustration, disapointements, and then the joyfull moments and the victories..... one starts looking at the whole issue of preserving credit from a diferent angle.

The responsibility and accountability increases, the careless behaviour changes............in my case I am learning the hard way all the lessons from the past.

I will be watching carefully my utilization, being very mindfull of on time payments, of preventing spiraling debt, etc etc.

I still budget the same $35 a month that I was going to pay anyway to Lexington, and with the ability of disputing online with EQ and TU I save my money for the DV's and PR's. I send those CMRRR and I figure that my budget gets 7 pieces out per month, so I can only say that I am gratefull to the BOARD and to all of you.

Thanks sincerely :p:p:p

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The certificate of mailing actually has the address that it is sent to and the P O stamps it over the name and address so it is PROOF that you mailed it to them

CA's only have to say that they generated a letter and it was sent.

If it works for them .. it should work for us.

My 2 pennies.

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