When and why to use a registered letter as proof of delivery

At first glance, a registered letter may seem like an ordinary postal service. In reality, it is of crucial importance in legal relations and often determines whether a legal act is valid and effective. The difference between an ordinary letter and a registered letter lies primarily in its probative value. While with an ordinary letter you can never prove whether you actually sent the parcel and whether the addressee received it, a registered letter provides you with several confirmations – of sending and, if necessary, of receiving it.

In law, the question of delivery plays a huge role. You can serve a notice of termination of tenancy, of a contract or serve a pre-action notice, but if the other party disputes that they have knowledge of the contents, you are in a weak position. This is why the registered letter has become indispensable in legal practice. It’s a cheap, easy, and above all, legally admissible way to have proof in hand that a package was actually sent and delivered.

Legal effects of delivery

In law, it is not the case that service of a document is automatically effective when you execute it. The decisive factor is service – the moment when the addressee can learn of the contents. This is where the registered letter plays its key role.

The evidentiary power of a registered letter lies in the fact that the delivery note confirms that the parcel was sent, while the delivery note proves that the addressee received the parcel. That is why we often recommend our clients to always opt for a delivery note service. If there is a dispute, you will be able to prove in court not only that you sent the letter, but also when and to whom it was delivered.

From a legal point of view, the institution of the so called fiction of service is also important. This occurs, for example, if the addressee does not take delivery of the registered letter even though he or she had the opportunity to do so. After the expiry of a certain period of time (usually 10 days from the date of deposit at the post office), the letter is deemed to have been delivered, even if the addressee claims not to have been aware of its contents. This legal construction ensures that parties to proceedings cannot deliberately obstruct service by refusing to accept service.

This means one thing for both the addressee and the sender: registered letter is a legally effective method of service which gives you the certainty that your notice, resignation or other legal act will have the intended effect.

Registered letter in civil law

Civil law is the area where registered letter is most commonly used. Typical situations include notices of termination of a lease of a dwelling or commercial premises, rescission of a contract of sale or lease, claims or pre-action notices. In these cases, it is essential that you are able to prove that the other party has actually received a document that may significantly affect their legal position.

When considering evidence, courts always look not only at the delivery slip but also whether the contents of the delivery can be proved. Therefore, it may sometimes be worthwhile to keep a copy of the letter and ideally have it certified, for example by a solicitor, before sending it. This will minimise the risk of the other party claiming that the envelope contained a different document.

A registered letter therefore has two key functions in civil law: it protects you against a challenge that you sent the document in the first place, and it protects you against a claim that the addressee has not received anything. Courts routinely accept such evidence and, in practice, often rule on the basis of registered letters.

In layman’s terms, this means a simple recommendation: if you are dealing with a matter that could end up in litigation, always opt for a registered letter with a return receipt. It’s a small investment in legal certainty that can pay off many times over.

Letter of recommendation in employment law

Employment law places special emphasis on the service of documents. For example, a notice of termination or immediate termination of employment must be delivered to the employee by hand. The Labour Code even lays down the exact procedure: first the employer attempts to deliver the document at the workplace, and only if this is not possible does a registered letter with a delivery note sent to the employee’s last known address come into play.

If the employee does not take delivery of the letter, the fiction of service is again triggered. This means that, even if the notice is not actually read, the legal effects take effect after the deadline for collecting the mail has passed. Thus, the employee cannot block delivery by avoiding the post office.

For the employer, therefore, a registered letter is not only an option, but in practice often a necessity for a notice or other act to be valid. Conversely, employees can use a registered letter to, for example, resign from an employment contract or file a complaint.

In employment law, a registered letter is therefore a tool that gives both parties legal certainty and prevents service from being abused as an obstruction.

Letters of recommendation in judicial and administrative proceedings

Courts and authorities use registered mail as the basic method of service of documents. Summonses, judgments or decisions of administrative authorities are sent by registered letter. The letter of transmittal, which is returned to the file, serves as irrefutable proof that the party to the proceedings has had the opportunity to acquaint himself with the contents of the document.

The registered letter is of particular significance when service is effected abroad or on persons who deliberately avoid receiving parcels. The legal fiction of service ensures that proceedings cannot be blocked indefinitely. It is essential to the rule of law because it guarantees the functioning of the judicial and administrative system.

It is therefore always important for the addressee to accept registered letters – ignoring them does not lead to the document not existing, but only to losing the opportunity to respond to it.

The pitfalls of a registered letter

Although a registered letter is a powerful means of proof, it also has its pitfalls. The most common problem is when the addressee claims not to have received the parcel or that there was another document in the envelope. The only way to avoid this is to keep a copy of the contents and, in the case of essential documents, consider using a notary or solicitor’s certificate of contents.

Another complication can be the loss or damage of the parcel. Although the Czech Post provides some compensation, this does not give you the legal effect of delivery. If the parcel disappears, the evidentiary situation becomes much more complicated.

Delivery to addresses where the addressee is not present for a long time is also controversial. For example, if you rent an apartment but actually live elsewhere, service at your permanent address is still considered valid. This can have significant consequences for the addressee if he or she does not collect the mail.

Alternatives to registered letter

Data boxes have played an increasingly important role since 2009. These have even greater legal probative value than a registered letter. In addition, they are mandatory for public authorities for legal entities and entrepreneurs. Nevertheless, registered letters have not lost their importance – especially in communication between private individuals.

Alternatively, an e-mail with an electronic signature can be used. In practice, however, the courts treat such service with caution and do not always recognise it as equivalent to a registered letter. Therefore, as a rule, clients are advised to stick to the traditional documentary form. A registered letter gives you legal certainty that your communication cannot be easily challenged.

Summary

The registered letter is a key tool in legal relations because it serves as proof of both the sending and delivery of important documents such as depositions, withdrawal notices, pre-action notices or decisions of the authorities. Its evidentiary power lies in the delivery slip and the delivery note, while the legal system also provides for the so-called fiction of service – a situation where a letter is deemed to have been delivered even if the addressee does not receive it. In civil law, it protects against disputes over the validity of legal acts, in employment law it is essential, for example, in the delivery of notice, and in court or administrative proceedings it ensures the functionality of the delivery system. Nevertheless, it is necessary to bear in mind the possible pitfalls, in particular the impossibility of proving the contents of the envelope or the risk of losing the parcel, which is why it is worth keeping copies of the documents or using a lawyer’s or notary’s certificate. Although data boxes carry even more legal weight, registered mail remains an accessible and reliable way to ensure legal certainty and avoid disputes over delivery.