The USPS now has a feature called informed delivery.  

Prove you NEVER got the bill?

I’m not an attorney and I can’t find a citation, but if you have this feature in the future it looks like it would be excellent evidence to backup an assertion that the Insurance company never sent a bill or late notice.

Visit the USPS site for more information.


View the envelope of all your snail mail before it arrives - save emails to prove a letter was never sent to you?

View the envelope of all your snail mail before it arrives – save emails to prove a letter was never sent to you?

How to prove you never got a bill?

There is no evidentiary proof of a negative act (i.e. failing to receive a document).

There is a presumption of regularity with the mail US Court of Appeals  * Marquette Law Review * PAA * Berkeley Law Review Presumptions *  so it would be tough *

The “mailbox rule” provides that depositing a properly addressed letter with prepaid postage with the post office raises a presumption that the letter reached its destination by due course of mail.  However, seemingly insurmountable “rebuttable” presumptions like the mailbox rule can in fact be rebutted with the right combination of law, luck, and attention to detail. PAA * *

Appeals?  Grievances?

Check the FULL policy, EOC – Evidence of Coverage here’s a specimen and see what the rules are on cancellation and notice.

Then if you do decide to do an appeal, (page 151 in specimen policy) or view our webpage  on appeals, you’ll  know what to argue about.

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2 comments on “USPS Informed Delivery – Proof you never got the bill?

  1. This is probably hearsay, it would also almost certainly fall under the “business records” exception in California (Evidence Code § 1271), and, consequently, be admissible.

    HEARSAY EVIDENCE [1200 – 1390]
    Exceptions to the Hearsay Rule [1220 – 1390]

    ARTICLE 7. Business Records [1270 – 1272]

    1271. Evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered to prove the act, condition, or event if:

    (a) The writing was made in the regular course of a business;

    (b) The writing was made at or near the time of the act, condition, or event;

    (c) The custodian or other qualified witness testifies to its identity and the mode of its preparation; and

    (d) The sources of information and method and time of preparation were such as to indicate its trustworthiness.

    1270. As used in this article, “a business” includes every kind of business, governmental activity, profession, occupation, calling, or operation of institutions, whether carried on for profit or not.

    ***So, I guess a private person, not in business wouldn’t count?

  2. That’s interesting.

    While, of course, it might not show that someone never sent something, it could possibly serve as evidence that something was never delivered.

    Generally speaking, the way that’s handled now is someone makes a statement under oath or by affirmation (the whole “I declare under penalty of perjury” thing), and unless the other person can show by certified, registered, or delivery confirmation mail that it was delivered, the lack of receiving is presumed. Sometimes, though, if the person can show that it was mailed as in a certificate of mailing by a law office, it will be presumptively received, but judges don’t usually like that argument.

    We’ll have to see how accurate the post office is found to be with this new service!

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