Legal Question in Credit and Debt Law in Maryland

Re: Consequences of Using Regular Mail vs Certified Mail

For an issue which lies within Maryland's jurisdiction, first class mail is generally acceptable for this type of matter. Other legal matters may require in-person service (i.e., a service processor or an affidavit of service completed by a disinterested adult party).

The presumption of the debt owing from non-response by the debtor is a misnomer. This presumption may apply based on the amount of the debt, the court in which the creditor files (i.e., district or circuit court), and the specific type of claim filed by the debtor. Where court action is occuring, you should contact an attorney.

In a situation such as yours where you suspect that the creditor may inappropriately deny receipt of your letter, use of certified-return receipt MAY not be advised as the creditor can simply may itself unavailable to sign for receipt or the party to whom you address the mail may not accept it. In such an instance it MAY be preferable to send the letter Priority Mail with Delivery Confirmation Receipt. Using this method you can log onto the US postal website and print a report showing delivery within the zip code. The receiver of the mail does not need to sign a receipt; however, your evidence is that the letter was delivered within the zip code and not to the specific address. Alternatively, you could use FedEx and obtain similar results but with confirmation to the specific address. Having to wait in line at the post office is simply no excuse for not protecting yourself.

Your choice of delivery varies based on many factors such as the specific creditor and their practices, the amount owed, previous collection efforts by the creditor, the history of payments and delinquency for the specific debt, the effect of adverse credit reporting in relation to your credit history and score, whether the debt is secured by property that is attachable through judgment or can be foreclosed upon or subject to repossession, the terms and conditions of the debt or loan or note, and other factors. It is important that you understand that your non-payment may subject you to paying the creditor's attorney's costs for collection, court costs and other costs associated with legal action such as repossession fees.

If you are experiencing problems with paying debts an attorney may be able to provide you with assistance that you may not otherwise be able to avail yourself of.

Hope this helps.

G. Joseph Holthaus III, Esq.

(410) 799-9002

Re: Consequences of Using Regular Mail vs Certified Mail

No, a court would not automatically refuse to accept your testimony that you sent the letter. However, the court can still hear the testimony of the debt collector claiming that they did not receive your letter, if that is what they claim. You really should use some kind of delivery confirmation, or certified mail, and if necessary find another post office that is not so crowded, or go at a time when the line is not so long.

You could also ask the debt collector for their fax number, or maybe find it on the interent, and fax the letter (in addition to mailing it) on a fax machine for which you can obtain a fax transmission verification report.

If a debt collector ever contested the fact that you sent them a letter, the consequences of your actions could be that the court will wonder why you did not go to the post office, and you could have your legal position adversely effected in a manner far worse than you expect, and worse than the inconvenience of going to the post office to protect yourself.