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Stolen delivery

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Bulgarian

Junior Member
What is the name of your state?The state is Ohio.

Ohio
Hello,

My wife and I have been divorced for several months and she was awarded the family residence. Since I lived at this address for 12 years my name is in countless databases and occasionaly mail arrives on my name there.

Recently my bank have sent my renewal set of personal checks to my old address. The boxes were taken in the residense, she admits that she has handled them, but now they can't be found. My ex-wife doesn't communicate with me directly, so through the kids I told her how important is this shipment but according to the children she puts no effort in searching for the boxes. No one in the house had thrown them away so they are still in the residence.


My questions are:
1. Is she breaking any laws?
2. Since she's the only competent adult in the residence isn't it her responsibilitty to care for and report a misdirected delivery to USPS?
3. What can I do to make her search and hopefully find my checks (total of 400) for which I've been charged and which I am reluctant to cancel and pay once more for replacement?
4. Who am I suposed to report this and to turn to for help on this matter?

Thank you.
 


snostar

Senior Member
1. No.
2. How do you know she hasn't done this considering she does not communicate with you directly?
3. Say, "Pretty please."
4. Contact the bank immediately, and depending on how long they have been missing reconsider canceling them and reordering.
 

Bulgarian

Junior Member
Thank you

Thank you for responding.

1. It's a little puzzling to me. If I receive somebody elses mail by mistake am I not obligated by any regulation to make sure this mail gets back to the post office? Am I not responsible for loosing it?
2. I know that she didn't take care of it because it's GONE. The children can't find it and they say that mom sais: "I left them on a the cabinet" and leaves it at that.
3. How can I say: "Pretty please" when there's no communication between us. I said that through the children many times.
4. I hoped I could avoid this.
 

Bulgarian

Junior Member
Does'n this apply to my question #1?

TITLE 18 > PART I > CHAPTER 83 > § 1708

§ 1708. Theft or receipt of stolen mail matter generally

Release date: 2005-08-03

Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or
Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or
Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted—
Shall be fined under this title or imprisoned not more than five years, or both.
 

CdwJava

Senior Member
Bulgarian said:
1. It's a little puzzling to me. If I receive somebody elses mail by mistake am I not obligated by any regulation to make sure this mail gets back to the post office? Am I not responsible for loosing it?
Not necessarily. The issue is one of intent, and whether it can be proven that you knowingly and intentionally destroyed or misapproriated someone else's property.


2. I know that she didn't take care of it because it's GONE. The children can't find it and they say that mom sais: "I left them on a the cabinet" and leaves it at that.
Then there isn't much you CAN do besides contacting the bank, canceling the account, and changing all your addresses.


3. How can I say: "Pretty please" when there's no communication between us. I said that through the children many times.

4. I hoped I could avoid this.
See above.

You'd have to go a long way to prove any crime occurred. In the meantime, change your account information and then monitor your account to make sure no one has accessed it unlawfully.


- Carl
 

Bulgarian

Junior Member
Thank you very much. I called the post office and I was stunned to learn that once a mail is delivered to the right address the rightful occupant of this residence can legally deal with the mail as he/she pleases: dispose it, return it, keep it – anything! And this despite of the fact that it is actually intended to another person. That's unbelievable... Sad fact.

However, my bank was good enough to replace the checks and to put a stop on the lost ones.

Thank you again.
 

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