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sailorimc 23.05.2020 08:08

Einschreiben
 
Hi All,
I have a question regarding "Einschreiben".
I was obliged to send an Einschreiben letter, even though i hate this way of discussing.
Anyhow, the letter seems to be stuck in the PostOffice waiting for pick up, the deadline is on Monday. I know that the guy is at home because doesnt live too far and i spotted him in Migros yesterday.
Now, my dilemma is: how does this Einschreiben letter works? Is the receiver allowed to ask the postman from who is receiving the letter and therefore, he can refuse to accept it? Is the name of the sender(my name) written on the Collection note left by the Postman, so that the receiver wont go to the Post Office to collect the letter?
What would you do in such situation?
Thank you for any advise,

catandmouse 23.05.2020 14:12

Re: Einschreiben
 
Your name doesn't appear on the collection slip, only the location where the item was deposited at the post office. The recipient normally has 7 days to collect the item and if he doesn't collect it it will be returned to you.
You will be in possession of the tracking data and if it's a legal document, in almost all cases it will be considered as having been delivered even if the recipient hasn't bothered collecting it.

Urs Max 23.05.2020 21:37

Re: Einschreiben
 
Quote:

Originally Posted by catandmouse (Post 3183985)
You will be in possession of the tracking data and if it's a legal document, in almost all cases it will be considered as having been delivered even if the recipient hasn't bothered collecting it.

OP, you may need to prove this. That's why you need to keep the receipt from Die Post safe. Perhaps stick it to your copy of the letter.

Personally, I usually make a photocopy of the receipt. The way they're produced isn't built to make them last.

Guest 23.05.2020 22:08

Re: Einschreiben
 
The letter is legally deemed as having been received on the first day they can pick it up from the postal office.

3Wishes 24.05.2020 19:35

Re: Einschreiben
 
Quote:

The letter is legally deemed as having been received on the first day they can pick it up from the postal office.
Is that also true if the recipient officially put the mail on hold?

I thought that for example if you received a bill while on holiday, if the mail is on hold the due date is extended until after your mail hold expires. Thus why I've always made sure to put the mail on hold. I don't have a source for this though so it could be wrong.:o:o

Guest 24.05.2020 20:14

Re: Einschreiben
 
Quote:

Originally Posted by 3Wishes (Post 3184292)
Is that also true if the recipient officially put the mail on hold?

I thought that for example if you received a bill while on holiday, if the mail is on hold the due date is extended until after your mail hold expires. Thus why I've always made sure to put the mail on hold. I don't have a source for this though so it could be wrong.:o:o

I know from cancelling a labour contract that the extra delay due to a holiday only is valid if the employer is aware of the holiday.

It depends a bit what exactly the letter is for, but there is otherwise always a maximum a 7 days, and not till when the mail hold is expiring (heck, that could be a year..)

aSwissInTheUS 25.05.2020 09:33

Re: Einschreiben
 
Quote:

The letter is legally deemed as having been received on the first day they can pick it up from the postal office.
There are two school of thoughts. One says it is the first day it could have been picked up, the second is the last day it could have been picked up.

Nevertheless, in both cases a successful deliver can not be averted by not picking up the letter. In some cases such as you are abrod or in unconscious in the hospital the deadline is extended. But be careful, if you could expect that an important is sent to you, beieng abroad is not a good enough excuse. Such circumstance are for example as a landlord or tenant during the usual cancellation dates, or if there is a pending court case.

Be aware that a letter is considered as received if someone else receives and signs for the letter on your behalf!

http://archiv.hev-zuerich.ch.rubin.c...-200502-14.htm
https://www.mietrecht.ch/fileadmin/f...ash_1_2017.pdf


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