Can I sue USPS and win?

[sandyclaus]

Ok, let's assume that the OP actually went to the USPS (the Post Office) and paid for an envelope to get the ticket there over night...

The only remedy the USPS (the Post Office) offers if a next-day item doesn't get there on time is a refund of the postage, I don't see the OP getting anything but what s/he paid for postage.

EXACTLY.

When it absolutely must get somewhere on a schedule, the OP could have always paid the extra for an Express Mail overnight package, or if there was sufficient time, he could have done Priority Mail (2-3 days). Both of those methods are guaranteed delivery, and come with a refund of postage if the package doesn't make it in time.

Even if it HAD been sufficient postage, there would have been no guarantee those tickets would arrive on time. As we are all too familiar, the USPS loses packages and letters all the time.

 

[davidmcbeth3]

In small claims court? Nope. You'd have to air them in federal court...and good luck with that.

Why not ct. clerk? I sued the fed govt in small claims. It was removed to federal court by the gov't but did not kill the suit. Saved me $$$ as opposed to paying fed. ct. filing fees.

 

[Zigner]

EXACTLY.

When it absolutely must get somewhere on a schedule, the OP could have always paid the extra for an Express Mail overnight package, or if there was sufficient time, he could have done Priority Mail (2-3 days). Both of those methods are guaranteed delivery, and come with a refund of postage if the package doesn't make it in time.

The "guarantee" is that, if it DOESN'T arrive as scheduled, your postage will be refunded. THAT is the only remedy

 

[Jordand123]

repliez

Hey everyone,
thanks for the replies.

I acknowledge the facts that if my mail were to not have been received in time, or if it would have simply been lost in the mail, I would be out of luck. I didn't purchase insurance or delivery confirmation.

These were tickets to the Ohio State Buckeyes game. And yes, it was a Post Office (USPS). I told him the zip code, and told him I needed them there by Friday. He sold me the envelope with the postage on it, I went to a counter and put the tickets inside. I addressed the envelope and gave it back to him and he said he would take care of it.

Four days later, I receive it in my mail saying there wasn't enough postage.

Also, again, I was incorrect in saying they were privatized. There was a lot of talk about it in 2009, but it didn't actually follow through.

Thanks and I look forward to hearing from you.

 

[justalayman]

so, what kind of envelope was this, how much did it cost you, and how much postage was affixed to it?

 

[FlyingRon]

The "guarantee" is that, if it DOESN'T arrive as scheduled, your postage will be refunded. THAT is the only remedy

There is NO guarantee on priority mail nor any other mail other than EXPRESS.

 

[FlyingRon]

There is NO guarantee. Despite the fact he may have helped you select a type of mail based on when you said it needed to be there, that doesn't establish any liability on their part to actually get it there. Even if you COULD sue the USPS (as if it were a common carrier), you'd lose.

It was patently stupid on your part to send it by anything other than the express carriers (express mail or UPS or FEDEX one or two day). Those are the only one with a reasonable expectation of delivery time and a way to actually track the progress.


As pointed out, even with the express carriers that have "guarantees" the guarantee doesn't cover consequential damages just the cost of shipping.

 

[Zigner]

There is NO guarantee on priority mail nor any other mail other than EXPRESS.

OP said he paid for it to get there "overnight" - I ASSumed he meant express

 

[justalayman]

OP said he paid for it to get there "overnight" - I ASSumed he meant express

the problem with this entire thread is what happened is highly improbable and due to the very specific language used in the initial post is likely a bit of homework.

 

[Jordand123]

How is this highly improbable? I used a regular envelope and it was not express. It was simple everyday shipping (I believe they call it first class). The only difference is that it was a pre-stamped envelope that I bought because he told me it would work.

If you think my original post is highly improbable, then please don't waste your time commenting. I didn't create a thread to find out the answer to a false story.

I have a witness who was standing right next to me and heard everything. My question is, if I were able to 100% prove that I bought an envelope from the employee who suggested it to me based on the zip code and my need to get it there by Friday, is USPS liable to pay for the costs of the tickets? The employee knew they were tickets, the zip code, and when I needed it delivered by. Based on that info, he sold me a product that really didn't meet my needs and cost me the price of the unused tickets. There is a defined system with postage which the employee should know, or simply not make recommendations on if he doesn't know.

Thanks, and I really appreciate the comments!

 

[Jordand123]

Also, to answer the question above, I believe the total cost was around 60 cents or so. I am not sure on the exact details of how much postage was affixed and how much the envelope by itself cost me.

 

[CourtClerk]

Regardless, the USPS doesn't guarantee first class mail AT ALL. You took the cheap way out, and lost.

 

[Zigner]

Also, to answer the question above, I believe the total cost was around 60 cents or so. I am not sure on the exact details of how much postage was affixed and how much the envelope by itself cost me.

Now I don't believe you at all. You're lying somewhere.
Sorry, but you're not gonna be able to cheat the USPS today. Better luck next time.

 

[justalayman]

How is this highly improbable?

because nothing you say makes any sense or is within line with the standardized procedures of the USPS.




you have so many problems with your story, it simply make no sense. The only 1st class mail that is about $.60 is a for a standard size envelope weighing between 1 and 2 ounces. For the counter guy to be able to determine you needed the additional fee (over the $.44 that most people affix to an envelope) is for him to weigh everything. Now, the problem comes with you walking away from the counter with the letter in hand. Once you did that, they have no idea what you might put in the envelope. Then, when you drop the letter in the box, when it gets to the post office sorter, it might have gotten weighed again and that is when it was realized what the counter guy weighed and what you mailed were two different things.

So, your burden is to then prove the letter weighed less than 2 ounces. If you opened the envelope, that is not possible.




and, as with all USPS 1st class mail; there is no guarantee the mail will get there at all let alone within some specific time.

Zigner
Quote:
Originally Posted by FlyingRon
There is NO guarantee on priority mail nor any other mail other than EXPRESS.
OP said he paid for it to get there "overnight" - I ASSumed he meant express

well, I wouldn't go to that point just because of a mistaken interpretation but since he paid $.60 to mail these oh so precious tickets, he obviously did not mail them express.

 

[cbg]

My question is, if I were able to 100% prove that I bought an envelope from the employee who suggested it to me based on the zip code and my need to get it there by Friday, is USPS liable to pay for the costs of the tickets?

No. I don't know how to make it any more clear than that.