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USMAIL LEGAL QUESTION


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#1 friendlybull74

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Posted 15 February 2013 - 09:50 AM

My former step son, age 20, was living with my ex/his mother and they had a big fight. He moved out. Before he was able to do a change of address with the US Postal Service, some important mail was sent to him at her address.

His mother is being vendictive and refuses to give it to him, even after sending her a certified letter asking for it.

Is there anything legal he can do with this, criminal or civil?

#2 Tax_Counsel

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Posted 15 February 2013 - 12:27 PM

He may sue her in the appropriate court to recover his property. In the law, this is known as an action in replevin. Whether he may do that in small claims court will depend on the law of the state where his mother lives.

#3 FindLaw_Amir

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Posted 15 February 2013 - 12:36 PM

You may want to read the LawBrain: Replevin article as a good resource to learn more about this subject matter.
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#4 adjusterjack

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Posted 15 February 2013 - 02:04 PM

My former step son, age 20, was living with my ex/his mother and they had a big fight. He moved out. Before he was able to do a change of address with the US Postal Service, some important mail was sent to him at her address.

His mother is being vendictive and refuses to give it to him, even after sending her a certified letter asking for it.

Is there anything legal he can do with this, criminal or civil?


He can also file a complaint with the postal authorities. I think that intercepting somebody's mail is a federal crime. Whether it gets anywhere is anybody's guess. But it's worth a shot.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 Tax_Counsel

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Posted 15 February 2013 - 07:10 PM

He can also file a complaint with the postal authorities. I think that intercepting somebody's mail is a federal crime. Whether it gets anywhere is anybody's guess. But it's worth a shot.


The mail was delivered to the specified address where his mother resides. She thus had the authority to collect the mail out of the mailbox. For the most part, once the mail delivery is complete and rightfully removed from the mailbox, federal criminal law stops protecting it. Her holding the mail and failing to release it is not, as I recall, a federal crime. It’s a civil dispute between her and her son.

#6 knort4

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Posted 14 March 2013 - 07:26 AM

How does he know she received it? If he knows who sent it, he should contact the company/agency who sent and explain what happened and ask them to resend it to him at his new address.




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