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Lawyers, Come In

This is going to sound very much like immature drama....and it is...

Can you tell me about laws against "mail tampering"? This is me very much making an assumption about you, Seattle Nestie lawyer, that you would have expertise in this area....Embarrassed

Specifically, if a package of mine is delivered to one of my previous addresses, and said resident (former landlord) refuses to hand package over to me, can I have the police escort me to retrieve the package? 

 

I read one law that basically said yes...and they could be fined and given 6mo to 5yrs prison depending on what they do with the package. But then I read somewhere else that since it was delivered to their address, they can do anything with it with no consequences...

What is the true story? 

 

eta: I should mention that I have a tracking number that proves the package was delivered....and the recipient has not denied having possession of the package. 

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Re: Lawyers, Come In

  • i'm not a lawyer but i'm nosy.. why won't they hand it over? who is it from? what is it?
    BabyFruit Ticker BabyFetus Ticker we're having twins!
  • Haha. We just left there on bad terms, in general. They aren't happy with us...and I think this is their "retaliation"....

    It is just a school book for H...a $97.00 school book...that we don't really want to have to purchase again. and he has homework due on Friday from the book...and the book was delivered last Thursday...

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  • Well, I don't know off-hand.  But, mail-related charges are federal crimes.  However, he might even be charged with theft for keeping you package.  I would call or send a letter demanding it and threatening legal action if he doesn't hand it over.  And then try calling the police if he won't, but they might ignore you. 
    BabyFruit Ticker
  • I'm not a lawyer either.... but I agree that it's a federal crime to tamper with other ppl's mail. I would look for specifics on the law on usps.com and see whether it's listed there. I would try scaring him into submission before actually involving the law. Have you confronted him in person? Maybe going in person with a copy of the actual law and a copy of the delivery confirmation would help.

    I'm curious though, why did you ship it to an old address?

    You might also see if you have any recourse through the shipping company and the company who provided the textbook.

    image"I've always followed my father's advice: he told me, first to always keep my word and, second, to never insult anybody unintentionally. If I insult you, you can be goddamn sure I intend to. And, third, he told me not to go around looking for trouble." -John Wayne
  • imagePurposelyVague:

    I'm not a lawyer either.... but I agree that it's a federal crime to tamper with other ppl's mail. I would look for specifics on the law on usps.com and see whether it's listed there. I would try scaring him into submission before actually involving the law. Have you confronted him in person? Maybe going in person with a copy of the actual law and a copy of the delivery confirmation would help.

    I'm curious though, why did you ship it to an old address?

    You might also see if you have any recourse through the shipping company and the company who provided the textbook.

    We have gone in person several times and they are either not home or are ignoring the knocks/doorbells....

    I suppose I could go in person and tape a copy of the law to their door...but I feel like that is over stepping and causing childish drama.

     In regards to the bolded.....it was a stupid mistake. H ordered it through amazon and didn't check the shipping address....for some reason, it was marked as our old address and here we sit today.

    I didn't think it would be this big of a problem. It's just ridiculous. We have tried to be adults and make it easy...but they just don't seem to think that is the best course of action.

    ETA: I have tried to find the laws online but haven't had any luck...which is why I was reaching out here. 

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  • Here is part of federal code, but I'm not sure if a delivery from Amazon is considered "mail."  I believe these only apply to mail delivered through USPS, not Fed Ex or UPS.

    Title 18 U.S. Code Section 1701:

    Whoever knowingly and willfully obstructs or retards the passage of the mail, or any carrier or conveyance carrying the mail, shall be fined under this title or imprisoned not more than six months, or both.
     
    Title 18 U.S. Code Section 1702:
     
    Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the custody of any letter or mail carrier, before it has been delivered to the person to whom it was directed, with design to obstruct the correspondence, or to pry into the business or secrets of another, or opens, secretes, embezzles, or destroys the same, shall be fined under this title or imprisoned not more than five years, or both.
    BabyFruit Ticker
  • However, it might be considered theft under Washington Law:

     

    RCW 9A.56.020:

    (1) "Theft" means:

         (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

         (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

         (c) To appropriate lost or misdelivered property or services of another, or the value thereof, with intent to deprive him or her of such property or services.

     

    RCW 9A.56.050:

    (1) A person is guilty of theft in the third degree if he or she commits theft of property or services which (a) does not exceed seven hundred fifty dollars in value, or (b) includes ten or more merchandise pallets, or ten or more beverage crates, or a combination of ten or more merchandise pallets and beverage crates.

         (2) Theft in the third degree is a gross misdemeanor.

     

    The maximum punishment for a gross misdemeanor is 364 days and a $5000 fine; there are no mandatory minimums.

    BabyFruit Ticker
  • don't have any advice since jennuine is wonderful and got the laws for you, but just good luck!

    if you've already talked to him, i would remind him it's against the law and considered theft for keeping your items.

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  • Federal law or not, it's illegal and dumb.  Good luck!
    EDD 9/24/13 BabyFetus Ticker
    Best sound ever: baby's heartbeat! (Heard @ 10w1d)
  • WOW! Wonderful! Thanks jennuine!

     

    I typed out this email. Does it sound legal enough? haha. 

    To joebloe,

    I really didn't want to take it this far. I honestly thought this simple matter could be dealt with easily and we could interact civilly in order for the matter to be resolved. It has been seven days since my property has been in your possession and I have yet to get any solid notice from you that you will meet with me so I can retrieve my possession. By withholding the possession from me, you are committing Theft under Washington State Law. I have pasted the laws below for you to look over. Please contact either myself or my husband as soon as possible so we can schedule a time for me to retrieve my package. If we do not have possession of the package before tomorrow, we will be contacting the police to take the matter further. We really don't feel that it is necessary to take the matter in that direction, but if you refuse to arrange a meeting with us, that is the direction we will take this. 

     

    I agree CDMay...it is DUMB! 

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  • Okkkk I need help now. 

     

    I sent that email and he wrote back completely denying that he ever got the package. 

    "Oh yeah?.  Now that I think of it? I talked with the neighbors, and J.  None of us recall this delivery.  Bummer?.  Maybe you can see if FedEx or UPS can see who signed for it.  I hope that they didn?t leave it on the porch or something.  A lot of packages get stolen near Christmas.  It is in the news every day it seems.  Damn crooks."

    and then he went on to dare us to call the police....

     

    Soooo should we call the non-emergency line and explain the situation? Mannnnn this is f**kin BS. I really didn't want it to go this far....

     

     

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  • imagekinmir30:

    Okkkk I need help now. 

     

    I sent that email and he wrote back completely denying that he ever got the package. 

    "Oh yeah?.  Now that I think of it? I talked with the neighbors, and J.  None of us recall this delivery.  Bummer?.  Maybe you can see if FedEx or UPS can see who signed for it.  I hope that they didn?t leave it on the porch or something.  A lot of packages get stolen near Christmas.  It is in the news every day it seems.  Damn crooks."

    and then he went on to dare us to call the police....

     

    Soooo should we call the non-emergency line and explain the situation? Mannnnn this is f**kin BS. I really didn't want it to go this far....

     

     

    That sucks.  He sounds like a ***.  Although, it's true packages do get stolen and I don't know if you can prove he has it.  Did someone sign for it?

    If he wants to be a ***, there's no harm in calling the police.  Obv not 911.

    BabyFruit Ticker
  • Thank you everyone for your help.

     

    We did call the police and they went to the house and called them on the phone with no answers. 

    At this point we just need to chalk it up as a loss, sadly. So frustrated that people can be that way.

    Anyways, thanks for dealing with my childish drama. Embarrassed

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  • i'd argue with your credit card and say you didn't get it. i'd also file a claim with ups or fedex or whoever that brought it.. i'd start there, not with the guy.
    BabyFruit Ticker BabyFetus Ticker we're having twins!
  • imagesarack:
    i'd argue with your credit card and say you didn't get it. i'd also file a claim with ups or fedex or whoever that brought it.. i'd start there, not with the guy.

    yeah, can you contact fedex and find who who signed for it?  I know when we get things delivered at work we have to sign on an electronic thing and they also write down our last name.

  • No one signed for it...they left it at the front door...which is why I have no case. The police could have done a lot more if there was a signature....but since he "claims" it "must have been" stolen from the front porch, there is nothing we can do. The law is funny that way. Super Angry
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  • imagekinmir30:
    No one signed for it...they left it at the front door...which is why I have no case. The police could have done a lot more if there was a signature....but since he "claims" it "must have been" stolen from the front porch, there is nothing we can do. The law is funny that way. Super Angry

    man that really sucks.  I'm guessing you aren't friends with any of the neighbors who might be able to find out?

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