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Non-US Laws/Unsigned printed letter

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Question
QUESTION: I greet you Sir,

Can a letter sent to recipient which is printed/not written with hand/ and which has
no signature of a sender be presented as a letter which he sent?

Can sender deny he is the sender of letter if that letter is printed, unsigned and doesn't even have time and place when he was printed?

Can a a sender claim that such a letter is not the letter he put into envelope when he was sending it
from post office?

Content of letter is about sender talking that he was visiting therapist not because he had a mental issues but because he paid him for advices for his parents-alcoholics. He also mentions that he had a
'mind examination' probably thinks psychiatric examination that 'later' claimed he isn't mentally ill.
Now he is worried that recipient 'even if never had bad intentions towards him' could abuse the letter against him.

So please Sir, could he just in a case of abuse deny he is the author of a letter and claim that it wasn't the letter he put into envelope?

Please if 'only possible' could you judge such a case according to eastern and middle european law traditions and according to hungarian and Czechoslovakia's legal traditions.

If not I would like to know how such a case could be regarded according to
"world law" or simply european legislatures in general...

Thank you very much.

ANSWER: Dear Leo,

generally, if somebody claims that a certain letter originates from a certain person and said person denies being the author or the sender, the burden of proof is on the person who makes that claim. That burden will usually be very hard to meet, if the letter is printed and does not bear a signature. That does not mean the proof will ultimately be impossible in every case, but it will be very difficult in any case. In most, if not all jurisdictions one is free to deny facts alleged by the other side, until said other side can prove said facts.

Best regards,

Peter Koch, LL.M., MBA
Attorney at Law (licensed in Germany and New York)

KOCHLAW
Poststrasse 25
20354 Hamburg
Germany

Tel. +49-40-8079364-0
Fax +49-40-8079364-41
e-mail: pk@kochlaw.de
web: www.us-anwalt.de

---------- FOLLOW-UP ----------

QUESTION: Thank you Sir,

I forgot one important fact. In the end of the letter, there's a short 'little'
sentence  written with pen as a handprinting: "This letter is a duplicate"
I am not certain what does it mean but can even from this short handprinting
be proven the sender's identity ? Can this handprinting be regarded for manuscript?

That's all case.
Thanks for help.

ANSWER: Dear Leo,

unfortunately I cannot tell you whether a graphologist could identify an author based on a short handprinted note. I consider it possible but rather unlikely, considering that it is print and not script.

Best regards,

Peter Koch, LL.M., MBA
Attorney at Law (licensed in Germany and New York)

KOCHLAW
Poststrasse 25
20354 Hamburg
Germany

Tel. +49-40-8079364-0
Fax +49-40-8079364-41
e-mail: pk@kochlaw.de
web: www.us-anwalt.de

---------- FOLLOW-UP ----------

QUESTION: Thank you Sir,

Please,

Is it possible that it was a paper the sender was touching before there's a printed text?

Can he claim there were his fingerprints because it was his paper but the text he didn't print on it?

Would there be a reason to take someone fingerprints if the content of letter isn't criminal but
it just has got very sensitive touchy information ?

Can fingerprints be taken at home by layman
from paper?

Thank you.

Answer
Dear Leo,

let me answer your questions as follows:

1. Sure, it is possible.

2. He can claim that. Whether such claim is considered believable depends on the circumstances.

3. In some jurisdictions a court could order a party to submit its fingerprints and infer that the ones in question are his or hers, if he does not follow the order. In Europe, I would consider that unlikely.

4. Sure they can, if the layman gets the proper instructions from somewhere.

Best regards,

Peter Koch, LL.M., MBA
Attorney at Law (licensed in Germany and New York)

KOCHLAW
Poststrasse 25
20354 Hamburg
Germany

Tel. +49-40-8079364-0
Fax +49-40-8079364-41
e-mail: pk@kochlaw.de
web: www.us-anwalt.de

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Peter Koch

Expertise

I am a licensed attorney in Germany and the State of New York. The focus of my practice is on Business Law, i.e. Commercial, Corporate, Contract, Antitrust Law and Intellectual Property Rights, in particular in US-German cross-border transactions. I also advise clients in the area of International Trade Regulations.

Experience

I have advised domestic and foreign, in particular US-American, clients in the above stated areas since 1997.

Education/Credentials
First State Exam (JD-equivalent) 1989 - Second State Exam (German Bar Exam) 1992 - Master of Laws (Houston) 1995 - Master of Business Administration in International Business (Houston) 1996 - licensed Attorney Germany 1997, New York 1998

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