What "receipt" means in law
Under § 130 BGB, a declaration takes effect once it enters the recipient's sphere of control in such a way that, under normal circumstances, they can be expected to take note of it. For a residential letterbox that is the usual emptying time — normally the same day up to early afternoon, otherwise the next day. The recipient's holiday or illness does not change this.
The options compared
| Method | Evidential value | Note |
|---|---|---|
| Ordinary letter | low | No proof of receipt, only proof of posting via an outgoing-mail log |
| Einwurf-Einschreiben (drop-in registered) | good | Delivery record with date and courier signature |
| Übergabe-Einschreiben (signed-for) | limited | If nobody is home, only a card is left — receipt occurs on collection |
| Messenger | very good | Witness knows both the content and the time of delivery |
| Bailiff service | highest | Official certificate, expensive, for critical cases |
Why signed-for registered mail is often the worse choice
If the recipient is not at home, only a collection card is left. If they never collect the letter, it has not been received — and the deadline keeps running. For deadline-bound declarations, drop-in registered mail or a messenger is safer.
Using a messenger correctly
- The messenger reads the letter and notes its content in keywords.
- They put it in the envelope themselves and seal it.
- They deliver it and record date, time and address.
- They sign a short delivery record.
Family members are admissible witnesses, but courts weigh their testimony more critically than that of neutral third parties.
Receipt at companies and public authorities
For companies, dropping the letter into the business letterbox during business hours is enough. Authorities apply their own presumptions — for example the three-day rule for formal notices under § 41 VwVfG or § 122 AO.
Practical checklist
- Keep a dated copy of the letter.
- Save the tracking number and delivery record digitally — online records expire.
- For critical deadlines, use two channels: letter plus email.
- Verify the recipient's address first; delivery to a wrong address proves nothing.