Postmark changes could affect your legal deadlines

Know Your Legal Rights is a bi-monthly column distributed by the State Bar of Wisconsin. It is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service (LRS), which connects Wisconsin residents with lawyers throughout the state. To find an attorney in your area, visit wislaw.org.

Victor Forberger

By Victor Forberger

If you rely on mailing important documents close to a deadline, a new U.S. Postal Service rule could cause unexpected delays — and possibly make your mail late.

Beginning soon, most letters will no longer be postmarked the same day they’re dropped off at your local post office. Instead, they’ll be postmarked later — often the next day — when they reach a regional mail processing center.

That change may not sound like much, but it can make a real difference for anyone who must meet a legal, tax, or government deadline based on a postmark date.

What’s Changing

Until now, a postmark has shown the date a post office received your letter. That’s important because many deadlines under state and federal law rely on that date — such as when you file your taxes, submit an appeal, or mail an official notice.

Under the new system, only mail processed at a regional sorting center — not your local post office — will get a postmark. For most Wisconsinites, that means your letter could be dated a day or two after you send it, because it takes that long for your letter to be processed at that regional sorting center

Mail dropped off on a Saturday might not be postmarked until Monday or even Tuesday if there’s a holiday. Only people who mail items within about 50 miles of a regional processing facility (such as in Milwaukee or Minneapolis) are likely to still get same-day postmarks.

Why It Matters

Many state laws depend on the postmark date to determine whether something is “on time.” For example, tax returns, unemployment appeals, and property tax payments are often considered filed on the date shown on the postmark.

If your postmark now appears one or two days later than when you mailed your letter, you could accidentally miss a filing or payment deadline — even if you mailed it on time by past standards.

How to Protect Yourself

If timing is critical, don’t assume a letter will be postmarked the same day you send it. Instead:

  • Ask for a hand-stamped postmark at the post office counter when mailing the letter.
  • Mail it certified (certificate of mailing or certified mail).
  • Plan ahead and send items a few days early to account for possible delays.

Until laws are updated to reflect these new postal procedures, deadlines tied to postmark dates have effectively gotten shorter for much of Wisconsin. When it comes to time-sensitive mail, a little extra caution is needed.

Victor Forberger is a Madison lawyer who represents people and employers in labor and employment matters, including unemployment. Know Your Legal Rights is sponsored by the State Bar of Wisconsin’s Lawyer Referral Service, which helps connect the public with appropriate legal counsel. Learn more at wislaw.org.