Legality of keeping missent/delivered mail/packages

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  • atgcpaul
    Veteran Member
    • Aug 2003
    • 4055
    • Maryland
    • Grizzly 1023SLX

    Legality of keeping missent/delivered mail/packages

    So I know there are a few Cliff Clavens (not postmen, but personalities) here.
    Maybe they can expound on the following mail related topic.

    Is there any legal responsibility on the part of a homeowner to forward mail or
    packages addressed to someone else? The address on the package could be
    for the homeowner or not.

    A FedEx package was delivered to my house last week with my address on it
    but addressed to another person. I knew it was for the retirement community
    down the street. The numbers were transposed. I called Fedex, told them of
    the mixup, and arranged a pickup. Morals/karma aside, would there be any
    legal implications if I decided that the screwup was not fault and I just
    treated this like found money and kept the package for myself? At some
    point someone is going to go look for this package and ask Fedex to track it.
    Can I tell them to just get lost? It's not my problem. Someone entered the
    wrong address, not me.

    By the same token, is US mail held to a higher regard. It's my understanding
    that tampering with someone else's mail is an offense. Does it legally become
    "yours" once it goes in your mailbox even though it has someone else's name
    on it? For example, Little Susie lived in my house 2 years ago. Grandma
    sends Susie $20 cash for her birthday but uses the old address (my house).
    The USPS is no longer forwarding mail and it arrives at my house. I may or
    may not know Susie's new address and open the card and pocket the cash.
    Can I be prosecuted?

    Talk amongst yourselves,
    Paul
  • Ed62
    The Full Monte
    • Oct 2006
    • 6022
    • NW Indiana
    • BT3K

    #2
    Originally posted by atgcpaul
    Can I be prosecuted?
    I don't know if you can be, but you should be. Little Susie needs that twenty bucks.

    Ed
    Do you know about kickback? Ray has a good writeup here... https://www.sawdustzone.org/articles...mare-explained

    For a kickback demonstration video http://www.metacafe.com/watch/910584...demonstration/

    Comment

    • shoottx
      Veteran Member
      • May 2008
      • 1240
      • Plano, Texas
      • BT3000

      #3
      Opening mail not addressed to you is a no-no!
      Often in error - Never in doubt

      Mike

      Comment

      • jackellis
        Veteran Member
        • Nov 2003
        • 2638
        • Tahoe City, CA, USA.
        • BT3100

        #4
        Opening mail not addressed to you is a no-no!
        In that case I could be in deep, deep, deep doo.

        We've lived in this house for 24 and a half years, give or take, and we still receive mail - mostly junk - addressed to the former occupant. I typically toss it in the trash. If USPS only forwards for six months or whatever the limitation is, why should I get in trouble?

        Comment

        • herb fellows
          Veteran Member
          • Apr 2007
          • 1867
          • New York City
          • bt3100

          #5
          RE: the post office, it actually rises from a no-no to a federal offense. I don't know if anyone has ever actually been prosecuted under the circumstance you mention, but the law is there. You are required to return mail delivered to your address in error.
          You don't need a parachute to skydive, you only need a parachute to skydive twice.

          Comment

          • herb fellows
            Veteran Member
            • Apr 2007
            • 1867
            • New York City
            • bt3100

            #6
            Originally posted by jackellis
            In that case I could be in deep, deep, deep doo.

            We've lived in this house for 24 and a half years, give or take, and we still receive mail - mostly junk - addressed to the former occupant. I typically toss it in the trash. If USPS only forwards for six months or whatever the limitation is, why should I get in trouble?
            There is a distinction between Bulk Business Mail (so-called junk mail) and first class or higher priority mail.
            However, 99% of BBM is now addressed as 'John Doe OR Current Resident', which means it's yours even if it has John Doe's name on it.
            The forwarding system works like this;
            For the first 12 months, all mail that is forwardable (ie: 1st class and higher) gets forwarded.
            For the next 6 months, the mail gets returned to the sender with the new address. They must pe-package it, pay new postage and re-mail it.
            After 18 months, the mail gets returned to the sender as 'forwarding order expired'.
            Presumably, this lets the company know to take that individual off their mailing list. If you just chuck it, guess what? You'll keep seeing it for eternity, or until they clean up their mailing list with a service or the USPS.
            Last edited by herb fellows; 02-09-2009, 11:50 PM.
            You don't need a parachute to skydive, you only need a parachute to skydive twice.

            Comment

            • Mr__Bill
              Veteran Member
              • May 2007
              • 2096
              • Tacoma, WA
              • BT3000

              #7
              It is my understanding that if something is sent to you at your address and you did not order it you may keep it without paying for it. If it is addressed to someone else then you should notify the shipper and have it returned.

              Disclaimer:
              I am not an attorney nor do I play one on TV, I don't even know one who is still speaking to me without charging by the minute.

              Bill

              Comment

              • newbie2wood
                Established Member
                • Apr 2004
                • 453
                • NJ, USA.

                #8
                I'm not a lawyer but I believe you have no legal responsibility to forward the mail or
                package addressed to someone else. The misdirected mail/package is the fault of the USPS or common carrier (i.e., FedEx, USP, DHL).

                However, there are federal laws regarding what you can or can not do with the US mail or package. You can not open it unless it is addressed to you or given consent. You can not destroy it until it is delivered to the right person (federal law regarding destruction of mail).

                You should notify the carrier of the mistake but I guess you can sit on the unopened package or leave it on the porch until they track it down.

                Packages delivered by common carriers are subjected to less restrictive laws. However, if the package in your possesion is reported stolen and you refused to return it, you may be violating local or state laws for possession of stolen property. The item in your possession is not a gift since it is not addressed to you. Even if you think of the item as found property, some municipalities have laws regarding reporting such finds if they are over a certain value.

                The best move and the right thing to do is to notify the carrier. Hypothetically, what if the new table saw you ordered is delivered to your neighbor?
                ________
                MICHEL_LATIN LIVE
                Last edited by newbie2wood; 09-15-2011, 06:08 AM.

                Comment

                • Stytooner
                  Roll Tide RIP Lee
                  • Dec 2002
                  • 4301
                  • Robertsdale, AL, USA.
                  • BT3100

                  #9
                  It happens to me a good bit at the post office, but never has regarding any packages. I always just hand them back during my next visit.
                  My neighbor had a riding mower deck delivered to his house by UPS. He didn't order it. It stayed on his porch for months. He finally gave it to someone that needed it. He figured that after that long, the storage on the equipment that he would have charged the company outweighed the cost of the deck.
                  Lee

                  Comment

                  • cabinetman
                    Gone but not Forgotten RIP
                    • Jun 2006
                    • 15218
                    • So. Florida
                    • Delta

                    #10
                    First of all, if "Susie" is 10 years old, make sure she doesn't log on to this forum, and doesn't have a new "air pistola". Next, if mail comes to your box/home/office, either addressed to you but with the wrong address, or addressed to someone else, don't open it and save it for 31 years, and then you can open it...in the middle of a forest...in the middle of the night...while wearing a disguise...rubber gloves...and have a getaway plan.
                    .

                    Comment

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