Can a process server INVADE my postal mail box?

[sylvesterfl]

What is the name of your state (only U.S. law)? Florida

recently caught a process server pursuing my company for a case going through my home mailbox. I have several video feeds and snapshots of her doing this. In the video she is holding several papers in her hand and since the camera quality isn't too good you can't really tell if she simply examines the mail or steals a piece. A friend of mine knows this person as she used to work for him. He is in the legal business, and is pretty well convinced that this evidence could help me get this case dismissed. Short background on the case is that it's a bogus lawsuit from an out of state attorney for the phone company yellow page. It's bogus because they had made mistakes in my ad and changed/disco'd my numbers without my knowledge thus costing me a lot of lost business. I just don't have the time and money to fight them on this in an out of state court. Given the fact this is a crime?, a violation of process server rules?, and possible mail theft ... couldn't I somehow use this as part of my counterclaim against the phone company?

Thanks for any details on this as I plan on having someone contact the attys that are suing my company and sending them the photographic evidence. I just want to know what the law really is and how it might impact my case before I proceed on this issue. I've been getting some conflicting answers from other venues.What is the name of your state (only U.S. law)?

 

[sylvesterfl]

What about sec 1702? and NO I have not been served. Whatever would make you think this?

I see some in this forum are about as useful as buckets with holes in them. Just like Yahoo Answers. Next, we'll see the replies saying that going through mail and stealing it is simply not a crime. Oh well such is life

 

[Nativity]

So then you have made a report to U.S Postal Inspection service, right?

 

[sylvesterfl]

So then you have made a report to U.S Postal Inspection service, right?

No, I haven't. See, if you read my original post ... what I really wanted to find out was "Is this legal?" "Will anyone do anything about it?" "Can I use it in my case if/when it goes to trial?". Common sense. You know?

Anyway, yes I know I should make a complain to the USPS inspector. Will do tomorrow. However, I've heard they don't do much of anything about much of anything. That's what I've heard on the Internet anyway.

 

[Nativity]

Stealing mail is illegal, yes.

Whether it will help or hurt your case when it goes to court someone else will have to answer that. Be patient it's the weekend yet.

But if you believe someone did steal your mail you need to make a report to the U.S Postal Inspection service, whether or not you feel they will do anything or not, and why wait until tomorrow? You can make a report online.

 

[sylvesterfl]

Stealing mail is illegal, yes.

Whether it will help or hurt your case when it goes to court someone else will have to answer that. Be patient it's the weekend yet.

But if you believe someone did steal your mail you need to make a report to the U.S Postal Inspection service, whether or not you feel they will do anything or not, and why wait until tomorrow? You can make a report online.

Imagine a process server going to your mailbox. She removes all your mail and presumably looks at it for about 30 seconds or so and shoves it back in. You catch this on a regular surveillance camera and of course she already has papers in hand. Of course, you can't tell if/what she took of your mail. You'd have to have an amazing sharp and close security camera to do this. So, no ... I simply have proof she opened the box and rifled through the mail but no exact footage of stealing mail. Furthermore, those forms online are pretty crazy as they want you to list the exact mail that you are claiming stolen or tampered with. How do I know?! There was mail in the box that day. I have that mail. However, I don't see the point to the forms on the PIS site. I plan on calling tomorrow and taking it from there.

Again, nothing with the USPS is likely to help me at all in the case. However, there *might* be an angle on using this evidence to help my negotiation, dismissal, and/or case with those that are suing me. Does that make sense?

 

[sylvesterfl]

Stealing mail is illegal, yes.

Also, I must correct you. ANY access to a mailbox that doesn't belong to you is illegal according to sec 1702. Look it up. It's up to the USPS to decide on prosecution.

 

[poncho]

Would be a good idea to report this to USP. Id also check your state laws on this subject. Mine in relevant part:

For the purposes of this subsection, "usual mailing address" shall not include a United States postal service post box or the person's place of employment.

 

[Nativity]

Also, I must correct you. ANY access to a mailbox that doesn't belong to you is illegal according to sec 1702. Look it up. It's up to the USPS to decide on prosecution.

I never stated that mail tampering was or wasn't illegal so I fail to see what you're correcting.

Simple fact you claim someone was messing with your mail, you claim you have this on tape yet you haven't called the police, and you refuse to make a report to the Inspection service because they want you to list the articles that were tampered with. Even though they leave enough space on the site to leave comments, you are still refusing.

Your hopes are dismissing this case by what you have on footage with your mailbox, but without reporting it to anyone when you have ample opportunity to do so RIGHT NOW whose to say that's not someone you know digging around your mailbox and you taped it in hopes it will work?

When you contact your local post office tomorrow they will tell you to file out form PS Form 2016, which is the same form that is online and will tell you to contact the police when you check "no" where it asks if you have.

 

[cyjeff]

You may have a case against the process server.

However, I am not sure why you believe that her actions give you a get out of case free card.

 

[sylvesterfl]

I never stated that mail tampering was or wasn't illegal so I fail to see what you're correcting.

Simple fact you claim someone was messing with your mail, you claim you have this on tape yet you haven't called the police, and you refuse to make a report to the Inspection service because they want you to list the articles that were tampered with. Even though they leave enough space on the site to leave comments, you are still refusing.

Your hopes are dismissing this case by what you have on footage with your mailbox, but without reporting it to anyone when you have ample opportunity to do so RIGHT NOW whose to say that's not someone you know digging around your mailbox and you taped it in hopes it will work?

When you contact your local post office tomorrow they will tell you to file out form PS Form 2016, which is the same form that is online and will tell you to contact the police when you check "no" where it asks if you have.

I see what you are saying, however I'm quite doubtful the USPS will do anything and I'm almost sure the cops won't do anything as they never do anything about anything. I got robbed for the first time in my life about a month ago and I called them within hours of it hapenning. As usual they did NOTHING. I don't depend on police protection as it is pretty much non-existent in this country. On top of that, they'll probably wind up helping this person serve me which is the last thing I want to do at this particular point in time. Also, about the person digging around. This process server has picture of herself on the Internet, etc. I have phonecalls from her, and I have three different camera angles of her last visit. In short, I've got some fairly decent face shots and full body shots so I would hope that I have her fairly well identified on camera in addition to her actions at the mailbox.

Anyway, back to the story. Yes, I am still hopeful of using this in conjunction with my case as more of a negotiating tool. That's why I asked the other question in debt collection about calling or emailing these guys without it constituting service of process. Believe it or not, more than one attorney have advised me to avoid service of process on this as long as possible for a number of different reasons - the biggest of which is that it will cost me in many ways to even try to defend myself on it and a local attorney can't even do it.

I'll try my best to report this to the USPS, but again I'm puzzled by the complaint process and suspect it's driven this way so they can basically ignore most complaints. I mean, who is going to even look at the video footage and pictures I have if I just fill out this form on the site? Probably nobody ... I mean we are talking about postal workers. However, I still haven't gotten any information from anyone on just who to complain to about this process server and her license. Now, common sense would tell me that route might yield some more results. Again, process servers and those that license them seem to be elusive. I've been googling it and asking around and still no dice. Who do you complain to about a process server, their license, and their actions on the job? I'd like to know.

 

[Zigner]

This won't change your case. I hope you aren't pinning your hopes on it in the hopes of prevailing on an otherwise hopeless case.

Furthermore, your attitude really stinks. Good luck!

 

[sylvesterfl]

This won't change your case. I hope you aren't pinning your hopes on it in the hopes of prevailing on an otherwise hopeless case.

Furthermore, your attitude really stinks. Good luck!

Who says my case is "hopeless"? I haven't even posted half the details of the case as it wasn't the topic of the post. Must you invade this thread with ill-informed rude comments that provide absolutely no help at all? Honestly.

... and you don't even know the first thing about it. How do you know it won't "change the case"? Explain your comments or they are ASSumed to be wrong, ignorant, etc.

 

[Ozark_Sophist]

Also, I must correct you. ANY access to a mailbox that doesn't belong to you is illegal according to sec 1702. Look it up. It's up to the USPS to decide on prosecution.

So, the mailperson violates the law by accessing your mailbox.

 

[Rexlan]

Why are you even here and why are you arguing - just to get people to agree with you I guess.

Go do your thing and tell it to someone else.