Helpful tip or possible legal leverage

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Old 02-18-16, 08:06 AM
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Helpful tip or possible legal leverage

Here is a tip that can serve as a legal leverage when an item or situation is in dispute. If you foresee or can imagine a possible legal dispute take place as you proceed with a transaction, take pictures, write a letter or make notes and put those into a self addressed envelope and mail it to yourself. Make sure that the post office makes a clear post mark on the envelope. When the envelope is received by you in the mail DO NOT OPEN IT. You want to preserve the seal and post mark date. When and if you need to present evidence of what was said or done you will have a time capsule to present to legal authorities. (It prevents the “he said, she said” argument). Never open it unless under the supervision of legal authorities.

This method can be used in many instances. Just to name a few.
Home inspection or renting (both the renter and landlord can take advantage of this).

Possible harassment at the work place or promises made but not delivered. (make notes on the same day and mail it).

Copy of a confirmation letter of what you think is taking place if a contact is not formally written. If the other party does not respond, your letter will take precedence over anything other party might say. Send original to party involved and copy to yourself.

If you have a disagreement with a person, company or civil entity, write a letter indicating your stance and sent it to individual and copy to yourself.

Possible proof of who originated an idea or invention.

I have used this process on several occasions, but never had to follow through. But it does give complete piece of mind.
 
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Old 02-18-16, 08:49 AM
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Good tip, thanks. But make sure it actually gets postmarked. Recently here in OHIO there was a controversy over a number of absentee ballots for some election that were not counted because they were not postmarked by the postal service, and thus there was no proof they were submitted before the deadline. Seems USPS is transitioning to using a bar code marking for routing and it does not include a human-readable date stamp.
 
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Old 02-18-16, 10:00 AM
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Can you still ask for a hand stamp from the Post Office?
 
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Old 02-18-16, 10:37 AM
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Don't know...but I know you can ask for proof of mailing, although I think there's a small charge for that. Would be worth it in this case though.
 
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Old 02-18-16, 12:53 PM
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I have used this process on several occasions, but never had to follow through.
That's the upside. The downside is that this "proof" is absolutely worthless. It is NOT acceptable as evidence in any court.

I've seen variations of this method for various purposes many, many times over my lifetime and the one thing ALL have in common is that when a bona fide lawyer responds the answer is ALWAYS no. Some of the variations include sending by registered mail, sending to a friend, sending to your attorney and similar schemes.

BUT, I am not a lawyer so don't take my word for it. Do a Google search, or better yet, ask a REAL lawyer.
 
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Old 02-18-16, 01:20 PM
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It's not meant to provide proof of anything. It's meant to give credence to actions that are time sensitive. Lets take the example of an apartment rental.

With or without a pre-move in list and inspection, I would take many pictures showing condition of walls, appliances, flooring, plumbing, and everything I could. When the time comes to move out, no land lord is going to say that I damaged an item or scratched a floor. Same thing if I was a landlord. No tenant is going to say the walls had holes in them when they moved in. If a dispute arises very seldom will it reach the point of a lawyer or full blown court to prove anything. This method will provide a preponderance of the evidence to show what the conditions were at time of action. Any arbitrator will certainly use such information to weigh the issue to one side or the other. I don't need to use the Internet or call a lawyer to provide reasonable evidence of a situation.

Lets take a lesson from day time TV court. OK I know what you're going say. It's all fake. Why is it fake? What's the point to fake the day to day disagreements that people have? Yes, I will agree that those TV court shows are edited BUT NOT SCRIPTED. There's no need. On most of those cases all that is needed is a little bit of evidence or preponderance of evidence. I quote from

Preponderance of Evidence legal definition of Preponderance of Evidence

"For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third standard, proof Beyond a Reasonable Doubt, is used in criminal cases and very few civil cases." and "A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true."

I would be very surprised if you refute my claim that a self addressed envelope does not fall into this category.

Furd, I know you like to get technical but even murders with indisputable proof of crime have gotten off due to technicalities. That's not the point of this scenario. But your point is well taken.
 
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