Quick overview
- Depositing means that you are deemed to have received a parcel from a court or authority even if you have not actually taken delivery of it.
- It typically occurs on the 10th day after the parcel is deposited (post office) or delivered to your mailbox.
- If this day falls on a weekend or holiday, delivery is postponed to the next working day.
- You can defend yourself against the fiction of delivery, but only if you show a good reason why you could not take delivery (e.g. hospitalisation).
If you’re dealing with being served by fiction and are at risk of missing the deadline, you can quickly discuss this with us – we can help you assess whether it makes sense to challenge the fiction of service.
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Have you been subjected to a delivery fiction but have a good reason for not knowing about the delivery? Contact us. We can help you with a challenge to the delivery fiction and any other problems that may have arisen.
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Delivery to natural persons
The basic rule is that natural persons are served with a document:
- to the address for service,
- to the address recorded in the information system of the population register at which the documents are to be served,
- to the address of his or her place of residence,
- in the case of a business, to the place of business,
- or, where appropriate, to their electronic address or data box.
Some documents (typically decisions, summonses) can only be served by hand. They must then be received by the addressee himself or by someone authorised by the addressee by power of attorney. This must be in writing and have a certified signature. If there is no specific requirement for service of the document, then it is sufficient to serve it by placing it in a post box or other suitable place. If acknowledgement of receipt by the recipient is required, this can also be satisfied by handing it over to a neighbour or other person who lives or is employed in the same place and agrees to hand it over.
Delivery to legal persons
A legal person is typically served at the address for service or at its registered office (usually the same address). If the proceedings concern only its organisational unit, service shall be effected at its registered office. Where service is effected by means of a public data network, service shall be effected at the electronic address or data box of the legal person.
Where certain documents are addressed to the person concerned, they may not be received by any employee but only by persons designated by law to receive them. As a rule, these are the statutory bodies or persons authorised by them in writing.
If it is not hand-delivered, it is sufficient to place it in the addressee’s mailbox or, if a receipt is required, it may be delivered to any natural person who is authorised to receive the document on behalf of the addressee (for example, another natural person living, working or employed in the same place or its vicinity who agrees to hand over the document to the addressee).
When can the parcel be deposited?
Sometimes it happens that the parcel could not be delivered to the addressee. For example, because he or she was in hospital, on a long business trip or was afraid of receiving the parcel and denied receiving it. In the case of legal entities, for example, a situation may arise where the entity uses a virtual registered office and there is no one to receive the mail at the address.
Tip for article
Tip: A virtual registered office can be a fee-based service where the registered office provider leases a specific address to a legal entity, which it registers in the commercial register. However, it is a fictitious registered office which is not used by the company and hundreds of companies may be located at one address. Although this may smack of illegal practices by the company, the use of a virtual registered office is legal under Czech law and cannot be fined or otherwise punished.
In the event that the document cannot be delivered according to the above-mentioned procedures, the parcel is deposited, for example, with the administrative authority that issued it, with the municipal authority or at the post office. The Code of Civil Procedure for judicial proceedings generally allows for service at any place where the addressee can be found.
If it is obvious that there will be delays in service, the court may call for the appointment of a representative for service. And if all options fail, the service shall also be deposited at the post office or at the court.
Fiction of service
After the deposit, the addressee is notified that he or she has ten days to collect the document and is also informed exactly where and when the document can be collected and what will happen if he or she fails to do so. After this period, the mail is normally deposited in the mailbox (unless the administrative authority has ruled it out). This increases the likelihood that the addressee will get to know it after all.
Under the Administrative Procedure Code, the act of service begins on the day following the day on which the addressee is notified and starts on the tenth day thereafter. However, service cannot be effected on a public holiday or at the weekend. In such a case, it would not occur until the first weekday following.
Similarly, in the case of data boxes, the document is deemed to be delivered on the tenth day following the day on which the document is delivered to the data box. It shall be deemed to have been delivered even if the person concerned does not log in to the data box. From 2022, this rule will also apply to communications between natural and legal persons, i.e. not only official communications with courts and authorities.
This unifies the time of delivery of public and private legal documents. The aim of the regulation is, among other things, to prevent obstructions in the delivery of private-law documents where the addressee, for example, did not log in to the data box on purpose.
Some examples of how to calculate the fiction of service by post and by data box:
- On Monday 6 April 2026, a letter of demand was delivered to a post office box. The notion of delivery occurs on Thursday 16 April 2026.
- On Wednesday, June 3, 2026, a notice to collect was delivered. The tenth day falls on Saturday 13 June 2026, so delivery will not occur until Monday 15 June 2026.
- A message was delivered to the data box on Wednesday 1 April 2026. The tenth day falls on Friday 10 April 2026, which is Good Friday (a public holiday), so it will not be delivered until Tuesday 14 April 2026 (Monday 13 April is Easter Monday).
In practice, we often see people underestimate the 10-day deadline and think that if they do not collect the parcel, “nothing will happen”. In fact, quite the opposite – the fiction of delivery triggers the running of time limits, for example for appeals.
Are you unsure whether the fiction of service has actually been correctly triggered in your case? Contact us – we will quickly assess your situation.
From law practice: Ms. Marcela contacted us with a request for advice. In the last six months she suffered a serious car accident, as a result of which she spent almost three months in hospital. On her return she discovered that she had been served with a fictitious judgment in a compensation dispute with her former employer and, as she had not had time to appeal, she would not be awarded what she had claimed. We have advised Ms Marcela that in serious circumstances such as a hospital stay, it is possible to challenge the fiction of service (of course, everything must be properly explained and documented to the court or administrative authority). We also helped Marcela to appeal against the decision, which she eventually succeeded in doing.
Is it possible to defend against the fiction of service?
Both the user of a data box and the ordinary citizen who is served with a document have legal protection against the fiction of service. He can seek a declaration that the service by fiction is ineffective. However, according to the Administrative Code and the Code of Civil Procedure, it is necessary to prove that the addressee, due to temporary absence or for another serious reason, was unable to collect the data message or parcel, for example, at the post office within a ten-day period without his/her fault.
A typical reason for the ineffectiveness of the delivery may be the aforementioned hospitalization in hospital, which did not allow the document to be collected. However, this is also the most common mistake – although people have a serious reason (e.g. illness), they do not follow it up. Without evidence (medical report, etc.), the court or the authorities will usually not grant the application.
If you are considering filing a motion for ineffective service, we can help you prepare it so that it has the best chance of success.
Tip for article
Tip: We covered other potential problems with data mailboxes and how to avoid them in our article on tips for using data mailboxes.
How to prevent such situations?
First of all, everyone should take care of their mailbox so that it is easily identifiable and accessible.
If you are involved in any legal or administrative proceedings and you know you are going away for a long period of time, inform the relevant authority and agree on an efficient form of delivery. For example, you can set up a data box.
However, even a data box will not fully protect us from the fiction of service. On the contrary, it must be consulted regularly. If you know that you will forget to do this, set up a delivery notification that can be sent to your mobile phone or email address.
Tip for article
Tip: The obligation to own and use a data box applies to all sole traders. However, it is not only for them. In many ways, you will appreciate it even if you are not a sole trader. In our next article, we will advise you on how to set up a data box.
Summary
A delivery deed means that a parcel is deemed to have been delivered even if you have not actually received it. It most often occurs on the 10th day after the parcel is deposited or delivered to your mailbox, moving to a business day if it falls on a weekend or holiday. This mechanism triggers important time limits, for example for appeals. It can only be defended in exceptional cases where you show a good reason why you could not take delivery of the parcel. It is therefore crucial not to underestimate the delivery and to respond as soon as possible in problematic situations.
Frequently Asked Questions
Can the fiction of service be revoked retrospectively?
Yes, but only if you can show a good reason (e.g. hospitalisation) and file on time.
What if I was abroad?
Leave alone is usually not enough – you must prove that you were objectively unable to take delivery.
Does the fiction of delivery also apply to ordinary letters?
No, it only applies to official mail and data messages.
Can the fiction of delivery occur even without a notice in the mailbox?
Yes, if the parcel was properly sent, the absence of a notice does not automatically invalidate the delivery.
How do I know that my deadline is running?
Typically, from the date of delivery – that’s why it’s important to monitor your mail or data box.
