FedEx is not certified mail, Utah Court of Appeals declares in overturning ruling

SALT LAKE CITY — The state appeals court has overturned a ruling against a Juab County company because the Labor Commission sent a notice of violation via FedEx and not U.S. Postal Service.

In a ruling published Saturday night, the Utah Court of Appeals declared that you can’t call it “certified mail” unless you send it through the postal service.

The case centers around a 2016 safety violation citation issued to John Kuhni & Sons, an animal rendering plant near Levan, in central Utah. On Feb. 23, 2016, the Utah Labor Commission sent the citation to Kuhni & Sons via FedEx, the ruling states.

fedex_corp_logo

“There is no dispute that FedEx successfully delivered the Citation to Kuhni; indeed, one of Kuhni’s employees signed a receipt acknowledging delivery of the Citation on February 25, 2016, at 11:54 a.m,” Judge Ryan Harris wrote.

“Because we are persuaded that the term ‘certified mail,’ as used in the relevant statute, encompasses only items sent via certified mail through the United States Postal Service, we hold that the State did not properly serve Kuhni when it sent the Citation to Kuhni via FedEx,” the ruling states.

Read more

4 thoughts on “FedEx is not certified mail, Utah Court of Appeals declares in overturning ruling

  1. Even Judge Judy and The People’s Court knows this: slumlords must send letters via USPS Certified Mail as proof, and tenants must send letters via USPS Certified Mail in certain cases, as well.

  2. Very similar style issue at a Staples store. A letter of Application to the Bar was sent through a Staples postal store. They received it and forwarded it but it arrived after the due date. It was voided, except the mailer stated he had a receipt dated, and stamped. The ruling is its not received for forwarding until the USPS get it. He had to apply much later. It wasn’t dated by a USPS stamp.

    • I would think that they thought they did a great job! Unless it was an overnight, they did what they agreed and were paid to do.

Comments are closed.