Legal Question in Business Law in New York

postmark date

In receipt of a payment, is the postmark date the legal date or the date of receipt. Is there such a law, federal or state?

Asked on 8/29/07, 12:34 pm

3 Answers from Attorneys

Charles Williamson Charles J. Williamson, Attorney At Law
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Re: postmark date

Yes. Its called "the mailbox rule." In most states I believe it is 3 days. That is, an item of mail is deemed received three days after it has been mailed, unless the proposed recipient can show otherwise. The best practice is to send mail items by registered mail, return receipt requested, since the return card will show when the recipient actually signed for the item.

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8/29/07, 12:46 pm
Robert R. Groezinger GroezingerLaw P.C.
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Re: postmark date

It is whatever you have agreed to or contracted for.

Good Luck

RRG

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8/29/07, 12:47 pm
Nancy Delain Delain Law Office, PLLC
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Re: postmark date

Your answer is a resounding and thoroughly unsatisfying IT DEPENDS.

Is there something in the contract being paid on that addresses this issue? Is there some limitation that runs out between the date of mailing and the date of receipt? What would be the resolution of the question that would be the most fair to all parties involved?

I'd need to know what's riding on the difference in dates before I can legitimately answer your question.

Of course the third answer (that may also be valid) is that payment is received when the check clears the bank.

If I can be of further help, please contact my office.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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8/29/07, 3:04 pm

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