Legal Question in Business Law in New York

faxes

When you send out information via Fax. Can this be a legal document?


Asked on 1/23/03, 10:27 am

4 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: faxes

It depends. I do not accept service by fax.

Therefore, if it is faxed to me, it is not a legal document.

If you wish to discuss the FACTS of your case, please call me to schedule a consultation.

I practice in NYC and Long Island.

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Answered on 1/24/03, 6:27 am
Walter LeVine Walter D. LeVine, Esq.

Re: faxes

If both the sender and recipient agree that FAXES can constitute agreements, they could have legal effect. For example, when I handle real estate matters, I provide and it is usually accepted, that FAX notices are equally valid to those sent by regular mail.

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Answered on 1/23/03, 10:35 am
John Friedman Law Office of John K. Friedman

Re: faxes

Your question is somewhat vague, so I'll deal with a couple of potential scenarios.

If you mean, "can a document sent and received via fax have legal weight?" the answer is "yes" unless the delivery of the specific document is prohibited via fax either by statute, regulation or private law (i.e. contract).

If your question is "can a 'legal document' (i.e. a will, a contract, a deed, a writ, a court order, etc.) be sent and received via fax and still be considered an 'original' for legal purposes (i.e. for filing or use as evidence, etc.)?" the answer is "yes" unless an original is required by statute, regulation or private law, or, unless a copy (generally) or a fax copy (more specifically) is barred from having such affect by statute, regulation or private law.

If your question is "can he/she serve me with a summons via fax for civil or criminal court?" the answer is generally "no" though in some limited instances in some jurisdictions it is permissible.

In all cases, check with the relevant governing authority -- statutes, regulations or contracts -- and be aware that in some commercial instances "use in industry" that accepts a particular type of delivery may control regardless of other authority.

Good luck.

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Answered on 1/23/03, 10:36 am
Robert R. Groezinger GroezingerLaw P.C.

Re: faxes

Yes--the fact that it may not contain an original signature does not in and of itself make it invalid.

Good Luck

RRG

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Answered on 1/23/03, 4:25 pm


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