Question about law and mail theft...

I had this problem once. They gave someone else my package on accident. They had a signature for some guy, but still had his package in the office. Any chance this is the case with yours ?

I would follow the advice of MattLikesAnalysis. Just one further point: You can not contract yourself outside of the law. An example of this is could be putting a sign on your house or parking area stating that you are not responsible for anything that happens on the property. In reality, you are still responsible as you must take reasonable steps to ensure that the area is safe. In your case, the person signing for the package becomes responsible when he/she takes responsibility for the package. They can not contract outside the law by stating they are not responsible anymore. The logic behind the above becomes obvious as you think of the societal repercussions surrounding the implications of letting the more powerful companies contract out of their responsibilities for delivering things such as clean water, health services or engineering a bridge. Regards,

I would draft a polite but stern letter explaining the situation, and send a copy to the corporate office as well. Include the email if it is that bad, noting your disgust in the lack of professionalism by the employees. I have quite a bit of experience in writing letters to management regarding foul practices of employees, and all have resulted in getting what I was seeking. Just be firm but polite. If they still do not do anything (which I assume they will after corporate hears about it), seek the advice of a lawyer. I don’t know the law in TX, but I can ask some of the lawyers in my office to see if they know anything (in CT though). That statement in your lease is pretty vague, and not to mention that the theft is occurring in their office if they are accepting a package; its not like they are accepting it and putting it outside the door. I think you have some good, logical arguments so the letter should be no problem. Always worth trying before having to pay a lawyer. Keep us updated.

Numi- I think the fact that you did not expressly request them to accept the package really changes things. In my complex policy states that the office will not accept any packages requiring a signature so residents typically leave signed notes to USPS/UPS releasing the package to the office. Since they don’t have to sign for it, they don’t take on the role of an agent as the signature receipt describes. The language in the lease is bogus and I cannot imagine how it would possibly hold up considering is basically gives them free reign to steal whatever package they choose. Furthermore- it does not specify that they will “sign” for packages- only “accept”. Personally I think there is an important difference between the two. I really think if you take this to corporate they will take care of it and promptly change their policy.

… also… pls provide a little color as to that letter :slight_smile:

http://www.avvo.com/free-legal-advice Looks interesting for free legal advice - like a community of members that answer questions.

Wow – thanks for the feedback guys. This is going to be good. I’m cautiously optimistic that things are going to work out. I may have to raise hell with management, but I’m not looking to make new friends; I’m just looking to get my mail. I’ll keep you guys posted as things progress. Thanks again.

Hey guys – quick update here. I actually spoke with an attorney friend who gave me lots of valuable information in terms of potentially taking the case to small claims court, and the type of argument I’d have to make to the judge if that happens. In many cases, my friend felt that escalating the matter to small claims could be avoided if I just went directly to property management, because they generally will act in the interest of the tenant for fear of getting their reputation smeared. In addition, litigating can be very expensive for them; whereas it would only cost me my time and nominal filing fees to go to the small court, the apartment management would need to be represented by an attorney, which would end up costing them multiples of what my “lost” parcel was worth. So, I became fairly optimistic that things could have been resolved just by going straight to management with a threat to take them to small claims. Fortunately, I was able to avoid all of that – I did approach the leasing office one more time explaining that if the package didn’t turn up, I’d have no choice to cooperate with the USPS investigators and escalate the matter to senior management. Coincidentally, 20 minutes later, they called me back saying they had found my package. Turns out they misfiled the parcel in the wrong apartment. The package didn’t look like it had been tampered with – I think more than anything, the office was just careless with how they handled the package – but it’s a shame that they didn’t get it together and look for my item until I turned up the heat. Anyway, the issue’s been resolved, and am glad that I didn’t have to get too deep in the matter. However, if any of you ever have a package stolen or missing, let me know and I can pass along some more detailed advice on how to handle the situation. Thank you all for your concern.

you should write this in yahoo answer so that everyone can google and find ur situation.