Until Co Counsel Mike arrives, I will tell you what I recall about the "mail box rules" but that's been yearsssssssss ago so no warranty.
I remember three classes of US Mail....
1) "Proof of Mailing", is a document/receipt the post office stamps and gives you which provides evidence the item was indeed deposited by YOU with the US mail for mailing to a certain addressee. It isn't evidence it was received ONLY that YOU indeed posted it.
2) "Certified US Mail". This is evidence similar to the above and the US mail certifies YOU mailed it to a certain addressee. The post office has the document/receipt with you and your address and the addressee, plus you have a receipt.
3) "Certified US Mail with Return Receipt" This is the highest evidence, the post office certifies YOU mailed it to an addressee,,,,They must sing a receipt for its delivery which is then mailed back to you (The Green Card) and then you have evidence, YOU mailed it PLUS the addressee received it. In addition, the post office provides other evidence such as the addresee couldn't be found or refused it etc.
Proof of Mailing is a simple receipt you mailed it (but Post Office keeps no data),,,,,,,,,Certified US Mail proves you mailed it PLUS the Post Office has a record of such..........Certified Return Receipt proves it was mailed and provides evidence it was received or refused or the addressee couldn't be found etc.
PRESUMPTIONS: If I recall correctly, the law PRESUMES if it was mailed (and Proof of Mailing described above proves that for the sender) it was delivered and the addressee has the burden of proof to establish he did NOT get it
NOTE but that may just be for certified mail HELP ME OUT MIKE
ALSO if I recall correctly, if an addressee REFUSES to accept certified mail, the law provides NO protection and treats the addressee the same as if it had been received. IE YOU CANT AVOID SERVICE OR DELIVERY BY REFUSING TO TAKE THE MAIL. If its a legal "Service" the law takes the position you have been served anyway if you refused it REGARDLESS if you didn't see or read it
SOOOOOOOOOOOO if you don't want to burden the addressee with the hassle of signing for mail, if you just mail it with "Proof of Mailing" you have a receipt it was mailed but no further evidence like if it was refused or signed for and accepted, ONLY it was mailed. HOWEVER if you send it Certified Mail you and the Post Office have a receipt/document it was mailed and I believe that creates a rebuttable legal presumption it was received (which addressee has burden of proof to show it was NOT) BUT HE DOESNT HAVE TO SIGN ANYHTING.......The if you want the maximum protection of certified return receipt, he does have to sign or refuse etc.
John T Semi Retired Country Lawyer and rusty on the mail box rules so go by what Mike says who is still practicing
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