Date Calculation Florida HOA law (FS718) indicates a response is required from the board within 30 days of receipt of certified mail. Assume a letter is mailed July 1. How exactly would the courts decide which day the letter is received? Assume that the letter is mailed within the same zip code. Assume return receipt is not used. NEW twist (maybe I should create a new question?): Assume that a copy is also emailed July 1. hand delivered by sender and signed for by recipient.
It's based on the date the letter was received, not the date it was mailed. Since it's certified, it's not received until somebody signs for it, which starts the clock. The actual date isn't possible to calculate from the information on hand. The delivery receipt would have the date it was signed for, it would be prior to the end of the 30th calendar date from that date. Edit... Your new &quot;twist&quot; results in void service and doesn’t require action by the HOA. Certified mail is a service of the USPS, hand delivering or email does not legally count as &quot;certified mail&quot;. If a contract requires service by a specific method (e.g. certified mail), then delivery by any other means is invalid and of no effect.
These all seem to be issues with how the local post office is handling your mail (and no doubt that of others). I would start by asking to see the person in charge of that office, and asking that person the same questions that you asked here. I am not sure that, under US law, the "envelope information" of your mail is protected in the way that the contents are.
NY Est Pow &amp; Trusts L § 3-2.1(a)(1)(C)(4) requires that There shall be at least two attesting witnesses, who shall, within one thirty day period, both attest the testator's signature, as affixed or acknowledged in their presence, and at the request of the testator, sign their names and affix their residence addresses at the end of the will. There shall be a rebuttable presumption that the thirty day requirement of the preceding sentence has been fulfilled. The failure of a witness to affix his address shall not affect the validity of the will. That means that the witnesses attest to having seen you sign the will, and you must know that it is a will being signed. There is no requirement that they see the will itself, and they do not &quot;attest&quot; anything regarding sound mind, memory or testamentary capacity. It is not required that witnesses receive a copy of the will (for any reason), and it is probably extremely rare for them to do so. However, a witness could be called, during a subsequent court procedure, to testify as to relevant facts such as that a beneficiary held a gun to the testator's head.
What is one supposed to do if they want to take an extended trip somewhere? Or is one basically not allowed to take such trips if they are a US citizen eligible for Jury Duty? In the US you are not required to seek permission to travel, or prove your past whereabouts to the government if you happen to miss some civic duty. They generally call up way more people than they need for this sort of reason. The length of time you are gone or where you choose to travel is irrelevant. In my experience you are given about a month heads up. If you didn't receive the notice until you returned from out of town, and they send a follow up, simply inform them of the fact that you were gone and didn't receive the notice until you returned. Jury duty is an obligation to some extent, but it is also a right and a privilege. It isn't a criminal offence you are liable for if you didn't get the notice. If it were that important to verify your availability ahead of time the notification would be sent registered mail with a signature required.
According to Consumer Rights 2015, is there a deadline from when the issue is raised to the trader to then taking action to fix it, or is it based on what deadline I set on my letter? The &quot;deadline&quot; is one that is reasonable in the circumstances. See s.23 of the Act: [...] (2) If the consumer requires the trader to repair or replace the goods, the trader must— (a) do so within a reasonable time and without significant inconvenience to the consumer, and (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage). [...] (5) Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of— (a) the nature of the goods, and (b) the purpose for which the goods were acquired. [...] If I do send a letter, for instance, notifies him for court, to which address should I send it to? His official one in gov.uk, where he claims he didn't notice or his yard? The Civil Procedure Rules Pre-Action Protocols do not dictate where such a letter (referred to a letter before claim and described here and here) must be served but the usual requirement is to an address at which the potential defendant resides or carries on business within the UK. See Rule 6.8(a) for example.
I cannot answer whether this particular person committed a crime or not. Only a court can answer that. I can give you general information about laws involving destruction of mail. Under 18 USC 1703: Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be fined under this title or imprisoned not more than five years, or both. So it would generally be a crime to deliberately destroy or delay mail that was otherwise deliverable. If a carrier took back mail that should have been delivered, that would probably count as &quot;detaining&quot; or &quot;delaying&quot; that mail. In the case at hand, though, I suppose the carrier might argue that when you refused to sign for the letter, it gave her reason to doubt that the addressee(s) actually lived there, in which case perhaps the mail should not have been delivered after all. So she might say that she took it all back to the post office for further investigation as to where or whether it should be delivered. Destroying the mail would similarly be illegal. However, based on other information in your question that is now removed, it appears that she did not actually do so. Merely threatening to destroy mail, if the threat is not carried out, does not seem to be a crime under this section. I don't know whether it might be prohibited by some other statute. Crimes involving mail are normally investigated by the US Postal Inspection Service, not by local police. Of course, even if the behavior is not a crime, it may still be cause for the postal employee to be fired or otherwise disciplined.
In most jurisdictions a message sent by email is now legally the same as one sent on paper by, say, postal mail, and a name typed at the end, or other indication of source is the legal equivalent of a physical signature. You are probably in the same legal position yu would have been in if you had written, signed, and sent by post a letter of acceptance.
Is a response to a N5B section 21 accelerated claim required to be given on the dedicated form N11B? YES. Assuming this refers to an accelerated possession claim on property let on an assured shorthold tenancy in England then Rule 55.14 Civil Procedure Rules applies: A defendant who wishes to – (a) oppose the claim; or (b) seek a postponement of possession in accordance with rule 55.18, must file his defence within 14 days after service of the claim form. (2) The defence should be in the form set out in Practice Direction 55A. Practice Direction 55A, at Rule 1.5, states: [...) The defence must be in form N11, N11B, N11M or N11R, as appropriate. The use of must is well established in British law as meaning a non-optional obligation (unlike should). It is not, as far as I can see, defined by statute so the courts' convention is to use the normal meaning of the word by reference to the Oxford English Dictionary. The recently revised free online version has limited availability but the previous version merged with Dictionary.com which offers these examples: 1 to be obliged or bound to by an imperative requirement 2 to be under the necessity to; need to The use of must in Rule 1.5, by my reading, trumps the use of should in Rule 55.14 but Alice might be able to argue this apparent contradictory terminology as to why her case for her defence is submitted by letter rather than the prescribed form. What happens with this letter when it is received by the court...what happens with the case more generally? Does it get listed for a hearing? Do the contents of her letter reach or get considered by the judge? All that would be a matter for the court to decide and could go either way: a judge has the inherent power to deal with matters in his own court as he sees fit (within the limits of the law etc).