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Old 11-13-2014, 06:22 AM
 
2,283 posts, read 3,843,204 times
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Quote:
Originally Posted by oldtrader View Post
Never use email to the brokerage office. Always use certified mail with return receipt as it would stand up even if a court of law if you want to prove someone got something.

Email is not for anything you want to make happen. The post office is the only way to go when pursuing something like this. Email is not acceptable for legal actions, and is not accepted in court as such.
Incorrect. Once authenticated under evidentiary rules, email is perfectly admissible.
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Old 11-13-2014, 05:21 PM
 
9,891 posts, read 11,705,760 times
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Quote:
Incorrect. Once authenticated under evidentiary rules, email is perfectly admissible.
Problem with email, is proof of delivery. It is very borderline, and hard to prove a lot of things.

Any attorney, will tell you to send by certified mail, with a return receipt. Just been through this for the past 5 months, when someone was trying to get an easement forced through our pasture. We won, without going to court. His first letter was improperly addressed, and he ended up getting it back about 6 weeks later. An email would not have been satisfactory. Especially with 2 attorneys involved. Some emails were used between us and our attorney, and between the attorneys. But when real notices were given, they were by certified mail or were delivered by a sheriff's deputy a couple of times.

When giving notice such as sending the information to the brokers, with demands, it needs to be done by U.S. Mail with a return receipt. It will be much more of a formal notice, than by email. Email has it's place, but it is not for everything. It is too informal for this type of use. Certified mail with return receipt, gets the attention of the one receiving it. Email does not have the same impact.
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Old 11-15-2014, 05:50 AM
 
2,283 posts, read 3,843,204 times
Reputation: 3680
Quote:
Originally Posted by oldtrader View Post
Problem with email, is proof of delivery. It is very borderline, and hard to prove a lot of things.

Any attorney, will tell you to send by certified mail, with a return receipt. Just been through this for the past 5 months, when someone was trying to get an easement forced through our pasture. We won, without going to court. His first letter was improperly addressed, and he ended up getting it back about 6 weeks later. An email would not have been satisfactory. Especially with 2 attorneys involved. Some emails were used between us and our attorney, and between the attorneys. But when real notices were given, they were by certified mail or were delivered by a sheriff's deputy a couple of times.

When giving notice such as sending the information to the brokers, with demands, it needs to be done by U.S. Mail with a return receipt. It will be much more of a formal notice, than by email. Email has it's place, but it is not for everything. It is too informal for this type of use. Certified mail with return receipt, gets the attention of the one receiving it. Email does not have the same impact.
And the authentication process establishes delivery, much like the receipt from certified mail. Both work, both are admissible. Mail may be easier for the layperson, but I've been involved in dozens of legal actions wherein electronic communications (including text messages) were used as evidence.
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