What happens if you do not accept registered mail from the court

When a notice of court mail is stuck on your front door, it is frightening. Some people let the post office's holding period lapse, thinking the trial will not start if they do not accept it. But in civil litigation, avoiding service only delays things a little, and in the end it often works to reduce your chance to make your case, because the plaintiff is taking the next steps even while you avoid service.

Service can be made even if you do not accept it

Court documents are in principle handed to the person themselves, but if the person cannot be found at home, they can be handed to a family member living with them (Article 186(1) of the Civil Procedure Act). In principle, the day a family member receives it becomes the day of service, so if a family member takes the mail and passes it on a few days later, your deadline shrinks by that much. If you refuse to accept it without a justifiable reason, service can also be made by leaving the documents at that place (paragraph (3) of the same Article).

If service keeps failing, the plaintiff applies for service at night or on holidays, and if that also fails, the trial proceeds by service by public notice (공시송달). If it proceeds by service by public notice, judgment can be given without the defendant having said a word. Some people only learn there was a lawsuit after their bank account is seized on the basis of that judgment, and to challenge it from that point they must go through procedures with strict requirements, such as a subsequently supplemented appeal (추후보완항소).

Deadlines are counted from the day after receipt

If you have received documents, check the title first. Each document has a different deadline.

• Payment order (지급명령) or recommendation for performance (이행권고결정): file an objection within two weeks of service
• Recommendation for settlement (화해권고결정) or a decision in lieu of conciliation: file an objection within two weeks
• Copy of a complaint: file an answer within 30 days
• Written judgment: appeal within two weeks

The period is counted from the day after receipt, and if the last day is a Saturday or public holiday, it runs to the following day (Article 170 of the Civil Procedure Act and Articles 157 and 161 of the Civil Act). Write the last day in large letters on your calendar and, if possible, file a few days early. If you file through electronic litigation, the time of receipt is recorded immediately. If you file by post, the day it arrives at the court is what counts, so mailing it on the last day may be too late.

If you have moved, you must inform the court

If you move while a lawsuit is in progress, you must report your new address to the court immediately (Article 185(1) of the Civil Procedure Act). If you do not, the court may send documents to your old address (paragraph (2) of the same Article), and the fact that you did not receive them is hard to have protected. Even if no lawsuit has started yet, if there is someone you are in a dispute with, it is a good idea to arrange a way to check mail sent to your old address after you move. Applying for the post office's mail forwarding service is one option.

If you have received mail, take a photo of the first page of the documents and the envelope with your phone before putting them in a drawer. These two things are what we check first in a consultation. If the date stamped on the envelope differs from the date you actually received it, do not forget to note the date of receipt separately.