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Home > Guides > Backdating a fax

Can you backdate a fax?

No, not in any way that holds up. Every fax produces a transmission report with the send date and time, and phone-company call records independently prove when the call happened. Setting a wrong date on the machine's clock only fakes the header line. Backdating a fax to deceive someone, such as a court or an employer, can amount to fraud.

This is general information, not legal advice.

Why isn't the header date the real date?

Every fax machine prints a short header line at the top of each page: the sender's name, phone number, date, time, and page count. That line, called the transmit terminal identification, is generated from the sending machine's own clock. Anyone with access to the machine's settings can change that clock to anything. So a deliberately mis-set clock will happily print yesterday's, or last month's, date across the top of every page.

The problem is that the header line is the least trustworthy part of the transmission. The receiving machine keeps its own incoming call journal, stamped with its own clock. Both phone bills, the sender's and the recipient's, record the actual call with the actual date, time, and duration. Online fax services add a fourth source: server-side logs the sender never touches. Anyone who wants to check the real date has several independent records, and every one of them will disagree with your doctored header.

What does backdating to deceive actually mean?

A wrong date caused by a dead clock battery or a machine that never got set after a power cut is a clerical error. A wrong date set on purpose, to make it look like a document was sent before a deadline, is falsification. Courts, insurers, employers, and regulators treat those two things very differently. A backdated document can be thrown out of a proceeding, get an insurance claim denied, or, depending on the context and the jurisdiction, support fraud or forgery charges.

In litigation the stakes are higher still. Parties have a duty to preserve and produce honest records, and a document that turns out to be backdated can draw sanctions. Judges have tools for this, including adverse inference: the court assumes the hidden truth was worse than what you presented. The short version is that backdating almost never buys what the person hopes it buys, and it regularly costs far more than the missed deadline ever would have.

How do you prove when a fax really went out?

MethodWhat it provesHow to keep it
Transmission or confirmation reportThat pages went through, and when, per the machine's clockPrint it right after sending and staple it to your file copy of the fax
Phone carrier recordsThe actual call date, time, and duration, independent of both machinesRequest itemized records if you expect the timing to be disputed
Recipient's fax journalThe receiving machine's own log of the incoming callAsk the recipient for a copy when the timing genuinely matters
Dated cover sheet noteContext, not proof: it explains what this transmission isWrite plain notes like "Resending to replace the garbled copy sent Tuesday"

What should you do instead of backdating?

If a fax went out with a wrong date on the header, send a corrected one with a cover sheet that says so in plain language: "This fax supersedes the fax of [date], which carried an incorrect header date." If you need proof of timing for a deadline, ask the recipient to confirm receipt by return fax or email, and keep your confirmation page with your file copy. Remember that a confirmation page only proves that pages transmitted, never what those pages contained. For high-stakes filings, certified mail is the stronger record, and many courts want the original document or a sworn statement of service anyway.

One more honest note: any fax service stamps its transmissions automatically. LetterAgent faxes carry automatic transmission timestamps from the sending system, exactly like a machine's confirmation report, and no legitimate service can backdate them. The timestamp is the feature, not the obstacle.

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