Why Delivery Method Matters
How you send your demand letter affects its legal effectiveness. The key concerns are:
Proof of Delivery
You need to prove the recipient received your letter. "I sent it but they claim they never got it" is a weak position in court.
Creating a Record
The delivery method creates documentation showing when you sent the letter and when (or if) it was received.
Demonstrating Seriousness
A certified letter carries more weight than a text message. The recipient knows you're serious when they have to sign for something.
Certified Mail: The Gold Standard
Why Certified Mail Works
When you send a letter via USPS Certified Mail with Return Receipt Requested, you get:
- A tracking number showing when the letter was sent
- Notification when the letter is delivered
- A signed receipt proving who accepted the letter
- An official postal record of delivery
How to Send Certified Mail
- Take your letter to the post office
- Request "Certified Mail with Return Receipt Requested"
- Fill out the green return receipt card
- Pay the fee (approximately $4-7 in addition to postage)
- Keep your receipt and tracking number
- Track delivery online at USPS.com
The Returned Receipt
You'll receive back the signed green card showing:
- Date of delivery
- Signature of person who accepted it
- Address delivered to
Keep this with your records—it's powerful evidence.
Other Delivery Options
Regular Mail
Less proof but still acceptable. Send a copy and keep a record of when you mailed it.
Email
Can work for less formal disputes or as a supplement to certified mail. Request a read receipt. Screenshot your sent email.
FedEx/UPS
Provides tracking and signature confirmation. May be faster than USPS.
Personal Delivery
You can hand-deliver the letter yourself. Bring a witness who can later testify that they saw you deliver it. Have the recipient sign a copy acknowledging receipt.
Process Server
For very important matters, a process server can deliver your letter and provide an affidavit of service.
Best Practices
Send Multiple Copies
Consider sending your demand letter via both certified mail AND regular mail. Some recipients refuse to pick up certified mail; the regular mail copy may still reach them.
Also Send by Email
If you have their email address, send a PDF copy the same day. Now you have multiple delivery attempts documented.
Keep Copies of Everything
Keep the original letter, tracking receipts, returned receipts, email confirmations, and any responses.
Note the Dates
Record when you sent the letter and when it was delivered. Your deadline runs from delivery, not from when you sent it.
Address It Correctly
Use the recipient's legal name and correct address. For businesses, address it to a specific person (CEO, General Counsel, or at minimum "Legal Department").
What If They Refuse Delivery?
Sometimes recipients refuse to accept certified mail or it's returned as undeliverable. This doesn't mean you've failed:
"Refused" Is Still Proof
If the postal service returns your letter marked "Refused," that's actually good evidence—it shows the recipient knew mail was coming and actively rejected it.
Send Regular Mail Too
Your backup regular mail copy may still be delivered.
Try Alternative Addresses
If they've moved, research their current address.
Consider Email
Some courts accept email as valid service, especially if it's an address you've used to communicate before.
The key is documenting your good-faith attempt to notify them. Courts don't require that someone actually read your letter—just that you made reasonable efforts to deliver it.
Frequently Asked Questions
Is email enough to send a demand letter?
Email alone may not be sufficient for legal purposes, especially if you end up in court. It's best to send via certified mail as your primary method and use email as a backup. Some courts accept email, but certified mail provides stronger proof of delivery.
What address should I use for a company?
Use the company's registered agent address or corporate headquarters address. You can find this through your state's Secretary of State business lookup. Avoid using store locations unless that's the only address you have.
Can I send a demand letter by text message?
While text messages can document communication, they're generally not appropriate for formal demand letters. Use certified mail for the official letter, though you could send a follow-up text letting them know to expect it.
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