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A Sample Mailing Process

This is an example mailing process and is not hard and fast but there some fundamental
aspects that one must be aware of. The use of an independent party to act as your
presenter/acceptor and custodian of records is a critical function that needs to be
employed. The presenter/acceptor and custodian of records can be a number of different
people eg Person A to present all Documents, Person B to accept all responses and
Person C to be the records keeper. Typically, a single independent person will fulfil these
roles who has nothing to do with the matter at hand and has an ability to:

1. manage records
2. have time on hand to perform the functions
3. have certificates of services and non-response/non-performance witnessed by a JP
or Notary along with the rest of the original documents

A mailing process must by default, be a genuine process with authenticated records,

responses, non-responses etc. If you were to undertake all these functions by yourself
Heres some potential problems one may face (Ive included some commentary):

1. The opposite party may claim that they didnt receive your process. Remedy Use
registered post with return receipt.
2. The opposite party may claim that there was nothing in the envelope. Remedy
Use a third party presenter who uses registered post with return receipt who will
have their document witnessed.
3. Your process is merely hearsay. Remedy Contract with a 3rd party to be your 3rd
party presenter/acceptor and custodian of records, thus making your process an
exception to the hearsay rule, as it is now a business record.
4. You cannot testify in your own case your bias. Remedy same as in 3 above.
use a 3rd party as a 2nd witness who can testify in your case.
5. You dont have an authenticated record. Remedy Your 3rd party will authenticate
the certificate of service and certificate of non-response/non-performance and the
rest of the documents with a JP or Notary.
Combining the above 5 points leaves only one logical outcome a 3rd party presenter
using registered mail with return receipt will overcome the above issues. This could save
you from running an entire process only to have the recipient claim they never received
anything or your process be considered hearsay.

The below graphic depicts the general flow of a process, the responses a recipient of an
offer will initiate, the roles of the 3rd party in order to achieve a specific outcome, note: click
on graphic to zoom in:

Certificate of Service. The next graphic below outlines steps the 3rd party will undertake
when issuing a Certificate of Service. Some additional notes to consider:

1. 3rd Party keeps all originals, the only exception to this is if an original instrument is
tendered to the respondent as a tender of payment. In this case, the original
instrument must go along with copies of the rest of the documents to the
respondent and the Certificate of Service should indicate that.
2. The advantage with a 3rd party is they can have your documents certified by a
Justice of the Peace or Notary. For Private processes, in some jurisdictions a Notary
will move your private record into the public by placing your PERSONs public ID
number onto your record (eg in Australia). Therefore, a 3rd party acting as a gateway
to the public side may have your original private record notarised under the
certificate of service document when signing in front of the notary.
Certificate of Non-response/non-performance. The second part of the graphic above
outlines steps the 3rd party will undertake when issuing a Certificate of Non-
response/non-performance. Some additional notes to consider:

1. The 3rd party takes the original step 1 documents and the signed certificate of
service together with a unsigned Certificate of non-Response/non-Performance to a
JP/Notary to have it signed and witnessed.

Repeat Certificate of Service and Certificate of Non-response/non-performance

steps as required to complete the entire 3 Step process

It should be noted that a Justice of the Peace (JP) can witness public process documents,
but for Private Documents a Notary should be used (esp in the United States) as a private
process is from a foreign jurisdiction.

At the end of Step 3, the 3rd Party presenter issues a Certificate of Administrative
Judgement as a record to verify the respondent has not responded and/or not performed

Step 3.1 is a optional Cease and Desist Enforcement Process to have the respondent
cease any existing action against your PERSON. A Notice to Cease and Desist with all
copies of the record is sent to the Respondents CFO or CEO and a demand to Cease and
Desist is made. A failure of the plaintiff to stop all action will lead to you opening a court
case in order to have the record between the parties enforced. [more info tba]
Step 4 is a optional Court Process that is initiated by the respondent (eg they are the
Plaintiff, YOU are the defendant). As the defendant, having successfully finished the 3 Step
process to gain agreement, are considered an aggrieved party defendant. An aggrieved
party is one that is:

An individual who is entitled to commence a lawsuit against another because his or

her legal rights have been violated.; or
A person whose financial interest is directly affected by a decree, judgment, or
statute is also considered an aggrieved party entitled to bring an action challenging
the legality of the decree, judgment, or statute.

In summary, the opposite party (Plaintiff in this case) is bringing an action against a party in
contravention of an existing agreement between the parties where the matter has been
previously settled. The steps in this process are:

The 3rd Party will be tasked to send into the court file the original records showing
agreement between the parties called a Presentment of Evidence, including the
Certificate of Administrative Judgement from Step 3 ; and
The defendant (eg You in this case), will send into the court file and cc the Plaintiff a
Conditional Acceptance of hearing and a copy of the Presentment of Evidence
from the 3rd party (all via the 3rd party).

Overview of the entire Process Steps 1 4

Examples.

An example Certificate of Service for a public side process that would be witnessed by a
JP:

CERTIFICATE OF SERVICE

It is hereby certified, that on the date noted below, the undersigned Third Party
Presenter/Acceptor and custodian of records, hereinafter Undersigned, mailed to:

Orange City Council

PO Box 35, 135-137 Byng Street, Orange, NSW 2800

hereinafter, Recipient, copies of the original documents and sundry papers regarding
BOB JONES, Ref: 20140101BJ, as follows:

a) copy NOTICE OF CONDITIONAL ACCEPTANCE (two leafs) dated Nunc Pro Tunc to
3 January 2014, by BOB JONES, original on file with Third Party Presenter/Acceptor and
custodian of records; and

b) copy AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT (two leafs) dated 10

January 2014, by BOB JONES, original on file with Third Party Presenter/Acceptor and
custodian of records; and

c) original Speeding Infringement in its original envelope dated 1 January 2014 by

Orange City Council marked CONDITIONALLY ACCEPTED; and

d) Unsigned Courtesy copy of Certificate of Service (signed original will be on file)

by Registered Post 1111111 with Return Receipt Attached by placing same in a postpaid
envelope properly addressed to Recipient at the said address and depositing same at an
official depository under the exclusive face and custody of the Australia Post Service
within the STATE of New South Wales.

Original documents on File with Undersigned.

____________________________________ Date: 11 January 2014

Sarah Brown

Third Party Presenter/Acceptor and Custodian of Records

1 Main Street, Orange, NSW

before me

_________________________________

signature of Authorised Witness

Example. An example Certificate of non-response/non-performance for a public side

process that would be witnessed by a JP:

CERTIFICATE OF NON-RESPONSE/NON-PERFORMANCE

It is hereby certified, that, the Person signing below, Third Party Presenter/Acceptor and
Custodian of Records, hereinafter Undersigned, at the request of BOB JONES
(Claimant) in care of 51 Main Street, Orange, NSW, did duly present on 11 January 2014
to Orange City Council at PO Box 35, 135-137 Byng Street, Orange, NSW 2800 via
Registered Post 1111111 the following documents:

a) copy NOTICE OF CONDITIONAL ACCEPTANCE dated Nunc Pro Tunc to 3 January

2014, by BOB JONES; and

b) copy AFFIDAVIT OF SPECIFIC NEGATIVE AVERMENT dated 10 January 2014, by

BOB JONES; and

c) original Speeding Infringement in its original envelope dated 1 January 2014 by

Orange City Council marked CONDITIONALLY ACCEPTED; and

d) Unsigned Courtesy copy of Certificate of Service

copies attached herein, requesting Point-by-Point response via Affidavit, the time limit
having elapsed for a timely response and/or performance thereto.

DEFAULT

Whereupon, the Undersigned signing below, for the reason dishonour by non-
response/non-performance, does publicly and solemnly certify the dishonour as
against all parties it may concern by reason of non-response/non-performance thereof
and stipulations therein.

Original documents on File with Undersigned.

____________________________________ Date: 25 January 2014

Sarah Brown

Third Party Presenter/Acceptor and Custodian of Records

1 Main Street, Orange, NSW

before me

______________________________

Signature of Authorised Witness

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