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UPS Mail theft

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What is the name of your state? California

I've had a very frustrating 3 weeks. My relatives overnighted my xmas presents via UPS, signiture required. Two boxes. One came to my correct address, and she made a computer error and sent the other to my former address. She didn't notice the glitch until it was already shipped. She had done this once before, no signiture required, for my birthday presents, and I never saw that package. I asked the new tenants if they had it, but they denied it, and since it was only dropped off and uninsured, there was nothing I could do. It just raised an eyebrow that the new tenants might have lied about having it.

So I check the status of the package sent to my former home, and it says it was delivered and signed for. I go to the house to ask for it. They denied having it, and denied signing for it. We called the police, and they said mail theft is not their department. I don't know these peoples names and I'm afraid to ask because if they will steal my package they'll probably give me a false name. They didn't forge my signiture, but they signed it "M...... Ituck". The Delivery driver claimed it was signed for by "Peterson" which is my name. The only way I can think to get their names is to peek in their mailbox, but I am trying to avoid doing anything illegal.

So since the driver erroneously claims that I signed for it, and "Ituck" does not say "Peterson", I am suspicious. UPS has given me the utter run-around, opening two investigations and closing them. They claim they called the tenants of my former residence to ask if it was delivered, in which they replied "no we don't have it". UPS may have lied about making that call, because if those people signed for the package then the driver would be a witness, so why would they lie when he can just show up and say "remember me?". All I wanted was for the driver to give a description of the people, to prove that he witnessed them sign it, and he would be off the hook. But they refused to send him out. Even more ridiculous is they told me my claim against him is false because the tenants claim not to have it. That doesn't even make sense. If anything, that makes him look even more guilty. He already lied about who signed for the package.

Either the driver stole it or the people did, but I don't know who to report to the authorities. I also don't know which authorities to report them to, because the Police said they don't deal with it.

Can anyone please tell me who I contact about theft of mail? The cops gave me a theft complaint form for the USPS, claiming the Postmaster handles all mail theft, but the post office also said "Not our department". I know this is a federal crime. I just want to know how to pursue it. Does someone get arrested? Or do I hire a lawyer and take them to court? I'm sure jail time won't be given, but I want some justice. It's a pretty sick person who steals someones xmas presents.

And to anyone who says UPS did their job by delivering it to the correct address.... I realize that, but they haven't proven it was delivered. The driver could have signed it and taken it himself, as he has not proven that he witnessed anyone sign for it. If he indeed delivered it, then I need him as a witness against the theifs. My mail, addressed to me, was stolen from me. I would be asking this even if my roomate in my current home allegedly signed for it and denied having it. I would need proof that it was delivered before I can suspect my roomate. It's not about where I live, it's about someone stealing my mail.

P.S. fortunately one of the gifts was a Home Depot gift card that was cashed, and we are trying to get them to run tapes for a description. I'm not sure how to pursue this either, but it will prove who took my package.What is the name of your state?
 
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Zigner

Senior Member, Non-Attorney
This is not theft of mail...UPS is a private entity. That is why the Post Office wouldn't do anything for you. File a report with the police. You CAN do that (even if they say they can't do anything about it)
 
Does that mean "mail" is only defined as items delivered by the USPS?

Ok I'll try the Sherrifs office again.

If it's not mail, what is it considered? Is it still a felony? I was banking on them being in serious trouble, so I hope that's still the case.

Should I go after the driver first? Or should I claim the tenants as the suspects? I figure in order to file I'll need to know who to accuse, and the drivers boss told me to go ahead to the authorities because he "can't do anything".
 

FlyingRon

Senior Member
Mail is only stuff being handled for the USPS. It doesn't actually have to be taken from the postal service, it also covers stuff left for pickup by them or delivered by them before the recipient takes possession.

But yes, any common carrier such as UPS, FEDEX, DHL, etc... is not "MAIL".

It might be a felony. But you're going to have a hard time with the lack of real evidence.

Your course of action is still of civil one against UPS.
 
I realize you can't prove a negative, as in I can't prove that I don't have the package, and I can't prove that the new tenants do.

But like I said, the Hope Depot tapes are evidence of whoever took my package. The card has been reported as stolen. If it's not a federal crime it still must be theft of property.

It's shocking to me that the driver doesn't just give a description of what they look like to prove he mailed it. Any driver can just write a signiture and claim he delivered it. Criminals get jobs too. It's suspicious that he lied about who signed for it.

I don't understand why the police would say they don't handle it if they do. How can people not know what their job is. Grrr!

If somehow the driver proved he delivered it and I had to go after the tenants, then do I have them arrested? Is it a civil crime against them?
 
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CdwJava

Senior Member
You cannot "have" anyone arrested. You can make a report for suspected theft and that's about it. If the police look into it, they might not be able to prove anything. If the driver can't ID who signed for it (and I can't imagine he'd remember ... they see people all day), and the residents' don't admit to having it, there's not a lot to do.

You can always try to sue them in small claims court for the value of the gift as the proof there is less ... but, WHO do you sue?



- Carl
 
If the driver really delivered it, he would be able to ID the person who signed for it. I've spoken with several delivery drivers about this and they say it's true, they never forget a face. I was a waitress for years and I concur.

I hope the police cooperate, because it's very frustrating the everyone keeps saying "not my department!"


I don't understand why I can't find any information on the internet one weather or not parcel theft is a felony.

I can't wait to see those Home Depot tapes. It's about the principle at this point. Someone stole the package and thought they could get away with it. They won't.
 

CdwJava

Senior Member
If the driver really delivered it, he would be able to ID the person who signed for it. I've spoken with several delivery drivers about this and they say it's true, they never forget a face. I was a waitress for years and I concur.
Remembering a face and associating it with a specific address or delivery may be two different things. It might be part of building a case, but certainly not definitive.

I don't understand why I can't find any information on the internet one weather or not parcel theft is a felony.
It's based on the value of the item ... if under $400 it's a misdemeanor.

I can't wait to see those Home Depot tapes. It's about the principle at this point. Someone stole the package and thought they could get away with it. They won't.
If they can tie the Home Depot video to a specific register and transaction, they might be able to get something going. If not, then it may not avail them of much.

The police need to get the report before anything else can happen.

- Carl
 

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