A question about faxing vs CMRRR

[LUEser]

Hi all, new to the forums, been reading a lot lately.

I see a lot of posts swearing by CMRRR as if it were canon, and I agree it make a great paper trail.

However, can faxing accomplish the same thing?

I ask this because I have a myfax account which sends me digital receipts of anything I send out. Would this hold up just as well if I were to dispute with a CRA?

Thanks in advance

LUE

[AISLE4]

Most folks with experience in these matters suggest sending all correspondences to CAs or JDBs via CMRRR.

I fax everything and have had no problem, but I have yet to see the inside of a courtroom where those little green receipts can be very important.

[ALVA]

The problem is that even if the transmitting fax machine or electronic fax service reports a successful transmission, you have nothing to show that it was actually received. There could have been a paper jam, they could be out of toner, someone may have picked up your fax with someone else's, it could have fallen on the floor and be under a desk or in the trash etc. etc.

So yes, you have evidence of sending, but not receipt. CMRRR means someone had their hand on your correspondence and signed for it.

[Robert Nashville/Savannah]

I recommend that all correspondence with a CA or JDB have...

Original sent USPS CMRRR;

Copy sent USPS with proof of mailing

If you want to use the fax, use it to send a copy only.

Many feel that using Express or Priority mail with delivery confirmation is as good as CMRRR.

When dealing with a CA/JDB you need to be in the frame of mind they may sue you or you'll need to sue them meaning that you need to be preparing your "case" from the very first letter.

You may be able to "substitute" something "easy" that may or may not do the job for the "tried and true" but why risk loosing your case because you happen to get a judge that doesn't given a rip about a "fax"???

Said another way, a .45ACP is a nice weapon to have handy when someone breaks into your house at night but I'd always reach first for my 12ga pump - it makes a much bigger hole; pointing it in the general direction is usually "good enough" and it comes equipped with a universal warning system that no burglar wants to hear at 2AM in a dark hallway.

[CarolinaBlueEyes]

JUST my two cents., I have always faxed my C&D letters and in one case I know for a fact it was allowed, even with mail you can't know the person or dept got it since any gomer at the front desk signs for this stuff.. big companies have mail rooms..

I have never had an issue.. and in some cases (LOTS OF CALLS) I would do both only to get it to stop... Its not your fault its out of toner or paper and if that were the case you would get a verification back on your fax telling you it didn't go through if the fax didnt pick up..

[Robert Nashville/Savannah]

...

I think it's quite simple, I don't believe there is a judge in the country that won't accept a signed CMRRR green card as proof a letter was received and that the recipient is responsible for the contents; especially if the CMRRR is followed-up with a letter sent first class with proof of mailing...I doubt anyone can claim that same almost universal acceptance for email, faxing, or any other method of delivery.

It's the consumer's responsibility to prove they sent their correspondence; why risk your case by using anything less than the best proof?

[ALVA]

Its not your fault its out of toner or paper and if that were the case you would get a verification back on your fax telling you it didn't go through if the fax didnt pick up..

I do customer service for a client that provides electronic faxing services similar to MyFax, and I can tell you that transmission errors happen all the time, that don't show up on the sender's end. It looks like a good transmission but there were whatever problems (phone lines, fax machine issues). I personally had to send a fax to my mortgage company 6 times, even though my fax transmission report showed success on all attempts, they didn't actually verify receiving it until the 6th try. That was for a routine issue, not something I would need as evidence in court.

Technology is simply too imperfect to rely on for important matters.

If you could get them to send a receipt "We received your fax on XX/XX/XXXX and it is legible" or something, great. But what if they won't? A CMRRR proves they had it in their hand. What happens after that is their responsibility.

[swirlgirl]

LUuser, what's the objection to using CMRR? You can actual just do certified mail and track the envelope via the UP Postal Services website. Either case, using mail is just more reliable than fax. JMHO.

[CarolinaBlueEyes]

of course it is more reliable but at nearly 5.00 a pop that can add up to people who have several.. again and it can depend on the judge... but I know for a fact some judges (depending of course on the judge and the situation) do accept fax transmissions as viable... as it was told me to.. YOU are not responsible for their faxt machine anymore then you are responsible for susie at the front desk signing for it and it not getting to the right dept.

Yes mail is better.. but for something like a C&D I have found faxing does the trick with no problem.. IF you are in lawsuit territory then do both

[Robert Nashville/Savannah]

.....

The ultimate point of going through all this trouble is to build what might become a case that may go to court...if a person want's to risk loosing in court for the sake of saving $5 it's their risk to take; just seems like an unreasonable risk to me!

[swirlgirl]

I only do certified mail and I check the delivery online with the post office. It costs $3.65.

[LUEser]

I have nothing against CMRRR, just wanting an opinion. I actually prefer to use both, as it presents even more evidence in the case it has to go to court.

Not only will I have my green card, but also receipts electronic receipts.

Overkill in covering the bases I guess.

But then again, you can never be sure as to what the very bottom of the barrel collectors like the Sherman Group might do.