Recipient denies receiving your letter: what now?

"We never received your cancellation." One sentence that can blow a deadline. Who must prove what now — and how do you save the situation? Here are the answers.

Who has to prove receipt?

A declaration to an absent person takes effect only on receipt (§ 130 BGB). Receipt must be proven by whoever relies on it — you as the sender. A plain letter barely helps: per case law, even a posting receipt doesn't prove arrival.

Evidence that counts

Einwurfeinschreiben with delivery record: according to the Federal Court of Justice (judgment of 27 Sept 2016, II ZR 299/15), a properly documented drop-off indicates receipt — the recipient must then present reasons against it.
Handover registered mail / return receipt: the signature proves handover.
Messenger with witness who knows the content and saw the drop-off.
Bailiff service under § 132 BGB — the safest route.
a written confirmation from the recipient.

On a table: letter copy, posting receipt, tracking on a smartphone and a witness photo, each with a check mark — Collect everything: copy of the letter, receipt, tracking status and a witness if you have one.

What to do now

Secure evidence: letter copy, receipt, tracking screenshot (data is only available for a limited time).
Resend immediately with delivery proof. If the deadline has passed, a cancellation usually takes effect at the next possible date.
Object in writing: state when and how you sent it, with copies of the evidence.
If lost: file a tracing request with Deutsche Post — see letter not arrived.

Prevent it next time

For anything with a deadline: send early and with proof. With the letter editor you send online with a dispatch confirmation — no trip to the post office.

Note: This article is not legal advice.