33-992.02. Proof of mailing of preliminary twenty day notice; receipt; affidavit

Proof that the preliminary twenty day notice required by section 33-992.01 was given in accordance with section 33-992.01, subsection F shall be made as follows:

1. If given by mail, by an acknowledgment of receipt of the notice in a form substantially as follows:

"____________________________

Signature of sender

Acknowledgment of receipt of preliminary

twenty day notice

This acknowledges receipt on (insert date) of a copy of the preliminary twenty day notice at (insert address).

Date: _______________________________________

(Date this acknowledgment is executed)

_____________________________________

Signature of person acknowledging

receipt, with title if acknowledgment

is made on behalf of another person"

2. If a person to whom the notice is served pursuant to section 33-992.01, subsection F fails to complete the acknowledgment or fails to complete and return the acknowledgment within thirty days from the date of mailing, proof of mailing may be made by affidavit of the person making the mailing, showing the time, place and manner of mailing and facts showing that such service was made in accordance with section 33-992.01. The affidavit shall show the name and address of the person to whom a copy of the preliminary twenty day notice was mailed, and, if appropriate, the title or capacity in which he was given the notice. If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing shall be attached to the affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration shall be attached to the affidavit.

33-992.02. Proof of mailing of preliminary twenty day notice; receipt; affidavit

Proof that the preliminary twenty day notice required by section 33-992.01 was given in accordance with section 33-992.01, subsection F shall be made as follows:

1. If given by mail, by an acknowledgment of receipt of the notice in a form substantially as follows:

"____________________________

Signature of sender

Acknowledgment of receipt of preliminary

twenty day notice

This acknowledges receipt on (insert date) of a copy of the preliminary twenty day notice at (insert address).

Date: _______________________________________

(Date this acknowledgment is executed)

_____________________________________

Signature of person acknowledging

receipt, with title if acknowledgment

is made on behalf of another person"

2. If a person to whom the notice is served pursuant to section 33-992.01, subsection F fails to complete the acknowledgment or fails to complete and return the acknowledgment within thirty days from the date of mailing, proof of mailing may be made by affidavit of the person making the mailing, showing the time, place and manner of mailing and facts showing that such service was made in accordance with section 33-992.01. The affidavit shall show the name and address of the person to whom a copy of the preliminary twenty day notice was mailed, and, if appropriate, the title or capacity in which he was given the notice. If mailing was made by first class mail sent with a certificate of mailing, the certificate of mailing shall be attached to the affidavit. If the mailing was by certified or registered mail, the receipt of certification or registration shall be attached to the affidavit.