O/T: anyone know if it's illegal for someone to put a letter in your mailbox?


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Clovis Boo Flynn and Gary avatar image

O/T: anyone know if it's illegal for someone to put a letter in your mailbox?

I came home from work one day and found a large envelope with some documents from an insurance company's lawyer in my mail box, no postage and no return address and no postmark. Thus, I'm pretty sure they had someone hand deliver it to my house by putting it in my mailbox. I kept the envelope. But I'm not sure if it's illegal. Does anyone have any idea? Thanks.



BoosRV02



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This is copied from the Domestic Mail Manual..........

8.3 Mailable Matter Without Postage in or on Mail Receptacles
8.3.1 Penalty
Whoever knowingly and willfully deposits any mailable matter (such as statements of account, circulars, sale bills, or other like matter) on which no postage is paid, in any letterbox established, approved, or accepted by the Postmaster General for the receipt or delivery of mail matter on any route, with intent to avoid payment of lawful postage thereon, shall for each such offense be fined not more than $300 (18 USC 1725).



yes it is

my ongoing problem with my neighbor, doing just that in my mailbox, lots of friends working for u.s postal, deffinetly illigal, notify the post office, ours said they would do a warning, if i wanted to persue it, i could have gone further. Tampering with a mailbox--illegal for sure!

I had the same issue once. It was comical.

I have a 6' locked fence and my Akita was outside but she was wagging her tail. The mailman was in my driveway blowing the horn and I had to go outside and get the package from him. I was like there is no way she is jumping the fence but he didn't care. Oh well,

misbum's picture

I agree I have Dwayne

because GSD went after him and bit me (he was never the same and unable to finish the Seeing Eye program), but you would have to see my yard to know the humor in it. There is no way out of the yard -- I really do have the gate locked with a bright yellow pad lock. I would understand if I had an invisable fence, which I hate.

Clovis Boo Flynn and Gary's picture

That's too funny

!!

BoosRV02



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It's illegal if it doesn't have a stamp.

That's why people have a separate place for the newspaper to go when delivered. However, it's not a big enough of a deal for law enforcment to go after unless it's widespread, such as when a company would send people around to the whole neighborhood with a flyer that they put in a mailbox.

Re: I must tell you I can't even

one dog bite is all it takes to learn to avoid unknown dogs

misbum's picture

I must tell you I can't even

get the mailman to deliver my mail let alone someone else.

I have a Postmaster for a husband and I went a week without mail because my regular mailman went on vacation and the covering person wouldn't deliver to the house with the dogs ---- what!!!

I know my GSD is a big guy and he likes to bark BUT I have a fenced yard with a pad lock (because he can open it otherwise) and the mailbox is in the front not back.

Could you imagine if he knew the truth --- Dwayne even knows how to open the front door :0)

He runs and the bullies follow!

GARY - here is a thought

a person can put mail inyoru box ( or at least use to be able to, not sure after 911) providing they dont remove or tamper with any of teh other mail in there and PROVIDING THEY STAMP THE piece of mail they put in there and then cancel it by drawing a line thru it. but they must do that or else its not legal

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It happens all the time...

The lawyer hires a constable to deliver court papers & documents to your home or work or anywhere.

I work in the insurance industry & get calls sometimes from customers who find a summons tucked in their front door.

Sue

misbum's picture

I just called him

He said you need to go to the local police department and file a complaint – mail tampering. The police will then contact the local post office and the post office will then contact the Postal Police --- yes there really is that much red tape. This is the new rules since 911 – before then you would just go to the post office and start there.

Take it from me they make you jump through hoops for everything. I tell my husband all the time I know why people go postal :0)

Clovis Boo Flynn and Gary's picture

Yep

the service is good, it only has to be sent, either by hand, mail, etc. My big concern is whether they went through my other mail and have done so on other occasions, as well as whether they have trespassed onto my property.



BoosRV02



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Re: O/T: anyone know if it's illegal for someone to put a letter

anything delivered to a mailbox has to have the postage paid on it. Usually though the only thing that we can do about it is to charge the person who sent it, the postage that is due on it.

Would leaving it in your mailbox

constitute good service under La law? Or were they not trying to serve you, just hassle you?

Clovis Boo Flynn and Gary's picture

I'm pretty sure I can prove it

the sender said in an email to me the next day that he mailed it to me, but I'm pretty sure that he had someone put it in my mailbox rather than mail it.

Does your husband know if it is actually a crime, or just a minor thing that only involves a fine? Any jail time for doing it? Does your husband know what the statute number is? I'd like to get a copy of the statute.

Thanx.



BoosRV02



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misbum's picture

oops! here not her

n/m

misbum's picture

oops! here not her

n/m

misbum's picture

oops! here not her

n/m

Clovis Boo Flynn and Gary's picture

Just some info

pertaining to a case in which I sued their client.

BoosRV02



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misbum's picture

Postmasters Wife her ;0)

and yes it is illegal the trick is proving it!

Clovis Boo Flynn and Gary's picture

Thanx

!!

BoosRV02



Free fried chicken at Boo and Clovis' Pbase.com photos:

http://www.pbase.com/glandry113

And click here for puppy photos of Boo & Clovis:

http://www.flickr.com/photos/glandry113

Re: Interesting, but it doesn't say whether it's illegal

I don't think its illegal--can't imagine under what theory. What were the papers, someone trying to hassle you with a sample Complaint?

BentleySlaves's picture

Here is your court desicion


http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=453&invol=114




U.S. Supreme Court
U.S. POSTAL SERVICE v. GREENBURGH CIVIC ASSNS., 453 U.S. 114 (1981)
453 U.S. 114
UNITED STATES POSTAL SERVICE v. COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS
ET AL.
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK.
No. 80-608.

Argued April 21, 1981.
Decided June 25, 1981.



Title 18 U.S.C. 1725 prohibits the deposit of unstamped "mailable matter" in a letterbox approved by the United States Postal Service, and violations are subject to a fine. The local Postmaster notified appellee civic association that its practice of delivering messages to residents by placing unstamped notices in the letterboxes of private homes violated 1725, and advised it that if it and other members of appellee council of civic associations continued such practice it could result in a fine. Appellees then brought suit in Federal District Court against the Postal Service for declaratory and injunctive relief, contending that the enforcement of 1725 would inhibit their communications with local residents and would thereby deny them the freedom of speech and press secured by the First Amendment. The District Court ultimately declared 1725 unconstitutional as applied to appellees and the council's member associations and enjoined the Postal Service from enforcing it as to them.

BentleySlaves's picture

You get the same crap I do...

Neighborhood kids stuffing their mom's real estate flyers in the box are annoying, yes.

A law firm hand delivering an envelope of ANY MATTER screams wrong to me Gary! On more levels then the glaringly obvious!

So.... the next question is whose is in the hood and why???

I leave after you and get home before you. I'll be making it a point over the next several days to keep an added eye on your place.

I know that it's illegal here in Illinois

How annoying!

Clovis Boo Flynn and Gary's picture

Interesting, but it doesn't say whether it's illegal

I'm pretty sure the Postal Service would not bother with neighborhood flyers and things like that, even if it is illegal. But my situation is very different since it was a law firm that did it. Could be wrong, but I think the Postal Service would take that a lot more seriously.



BoosRV02



Free fried chicken at Boo and Clovis' Pbase.com photos:

http://www.pbase.com/glandry113

And click here for puppy photos of Boo & Clovis:

http://www.flickr.com/photos/glandry113

BentleySlaves's picture

Federal

Or so I thought....
1.1Authorized Depository
Except as excluded by 1.2, every letterbox or other receptacle intended or used for the receipt or delivery of mail on any city delivery route, rural delivery route, highway contract route, or other mail route is designated an authorized depository for mail within the meaning of 18 USC 1702, 1705, 1708, and 1725.

1.2Exclusions
Door slots and nonlockable bins or troughs used with apartment house mailboxes are not letterboxes within the meaning of 18 USC 1725 and are not private mail receptacles for the standards for mailable matter not bearing postage found in or on private mail receptacles. The post or other support is not part of the receptacle.

1.3Use for Mail
Except under 2.11, the receptacles described in 1.1 may be used only for matter bearing postage. Other than as permitted by 2.10 or 2.11, no part of a mail receptacle may be used to deliver any matter not bearing postage, including items or matter placed upon, supported by, attached to, hung from, or inserted into a mail receptacle. Any mailable matter not bearing postage and found as described above is subject to the same postage as would be paid if it were carried by mail.

This is a pretty common practice here in

my neighborhood. We've had many things hand delivered to our mailbox....most of the time they stick it in the newspaper tube...but on occassion we have found things in the mailbox. I never thought much about it.



Bernata and Angels Lily and Chester's picture

i would say post office would know...

they are primary providers of mail for our mailboxes so they would be familiar with the law.

I think it is illegal

I used to be a vol. fire fighter and we couldn't put flyers in mailboxes for fund raisers. We had to pay postage to use the mailboxes. hope this helps.

Pam, Winston, Mallie, Wesley and for now Rockie

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