Absent-mindedness No Excuse

Delivered or Not?

Delivered or Not?

According to Polish law, correspondence addressed to parents may be accepted by an adult son. The alleged acceptance of a delivered letter can be contested but not by invoking absent-mindedness, according to Wrocław Court of Appeal. A married couple received an order for payment dated 3 December; the letter was delivered 13 December. In the parents’ absence, their 21-year-old son accepted the letter and the postman noted receipt of this in his records. This was not against the rules – article 138§1 of the Criminal Procedure Code states that only when the recipient is a party in the proceedings or if he/she refuses to forward the correspondence, is it unacceptable to deliver such correspondence. Since that was not the case in the above example, delivery of the correspondence was deemed lawful. Unfortunately, the son did not give the letter to his parents and therefore the deadline for filing an objection to the order for payment passed. The married couple decided to file a motion reinstating the possibility for responding to the order in which they claimed that they were unaware of the delivery due to their son’s absent-mindedness. However, the court dismissed this. According to the court this excuse was not credible since, in the court’s opinion, it is unlikely that a 21-year-old, educated student would be so irresponsible as to forget an important letter and not inform his parents. What is more, the parents and son are in constant touch and the mother stated that she had asked her son about any correspondence.
prawo.gazetaprawna.pl

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