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-   -   Is opening someone else's mail a federal offense? (https://www.yorkietalk.com/forums/off-topic-discussions/170193-opening-someone-elses-mail-federal-offense.html)

daisymae2012 04-22-2009 01:02 PM
Quote:
Originally Posted by Nancy1999 (Post 2590063)
I don't know why you are so angy with the advice we have given.
I'm not angry at all, I just think I didn't deserve to be laughed at for my question. That's all!

JJC 04-22-2009 01:03 PM
I'm so sorry your going through a custody battle. It creates so much stress for everyone involved. It's definately a highly emotional period of time to go through and I'm sorry you have found yourself in this situation. I hope that whatever happens is in the best interest of the child.

I'm not a lawyer but I would guess that since the mail was sent to her address it would be hard to prove that she intentionally opened it. If she had stolen it and opened it that would be one thing but with the way it all played out it seems like it would be hard to prove that it was intentional. The best bet is to talk with your attorney and get actual legal advice.

Best of luck to you.

daisymae2012 04-22-2009 01:05 PM
Quote:
Originally Posted by FlDebra (Post 2590065)
I don't think it is right, but she can probably be held blameless as she claims opeing it was accidental (which I would not believe for a minute either). But the Insurance pharmacy is in huge violation of HIPPA for inadvertently divulging medical information on your husband. There is law that makes this a crime even if it is unintentional. So, they could be held liable. If this does cause problems with ongoing litigation, might want to discuss with the lawyer about that. I doubt she could use information she obtained by opening the package in court, but I am no lawyer and am just guessing.

I don't think anyone should be making light of this. When there are divorce, remarriage, children issues going on it is always serious. Sometimes small things can cause BIG trouble. If you have never been on the receiving end of a spiteful ex-wife, count your blessings. I understand the concern but there probably is no way to make her pay for opening the mail accidently mailed to her address. Hope it all works out for the best for all of you!
Thank you!! It is nice to know that someone understands what we are going through. This situation is a very tough one to deal with and I guess some people just don't understand b/c they have never been in this situation.

LilDaysha 04-22-2009 01:06 PM
My fiance is a mailman so he would know a little more then I do and I asked him just out of curiosity. He said yes you can take legal actions because she open something that was not in her name. Especially if its medication cause it could had been tampered with since she opened the package.

FlDebra 04-22-2009 01:07 PM
Quote:
Originally Posted by Nancy1999 (Post 2590063)
I don't know why you are so angy with the advice we have given, you did say, " Any advice or opinions are appreciated." I answered your question the best I could, and feel like you just slapped me in the face.
I don't think she was angry with advice, it was all the joking, like it was such a trivial thing to have had happen. I can think of lots of different medications that I would not want the whole world to know if I had to take them, let alone an exspouse! So, I understand her hurt at coming where she felt others might be sympathetic and instead have them make fun of the situation.

I know no one meant any harm, but what might seem a small matter to some, might be a lot more personal and insurmoutable to another.

daisymae2012 04-22-2009 01:07 PM
Quote:
Originally Posted by JJC (Post 2590073)
I'm so sorry your going through a custody battle. It creates so much stress for everyone involved. It's definately a highly emotional period of time to go through and I'm sorry you have found yourself in this situation. I hope that whatever happens is in the best interest of the child.

I'm not a lawyer but I would guess that since the mail was sent to her address it would be hard to prove that she intentionally opened it. If she had stolen it and opened it that would be one thing but with the way it all played out it seems like it would be hard to prove that it was intentional. The best bet is to talk with your attorney and get actual legal advice.

Best of luck to you.
Thanks Jennifer! It is a very stressful & emotional time for us right now. We are just praying and trying to do the right thing for the child. I appreciate your concern!

daisymae2012 04-22-2009 01:09 PM
Quote:
Originally Posted by LilDaysha (Post 2590079)
My fiance is a mailman so he would know a little more then I do and I asked him just out of curiosity. He said yes you can take legal actions because she open something that was not in her name. Especially if its medication cause it could had been tampered with since she opened the package.
Thanks, we really don't want to go there if we don't have to, but we thought if she tries to play it against him, then we need some kind of documentation! Tell your finance I said thank you for the information.

daisymae2012 04-22-2009 01:11 PM
Quote:
Originally Posted by FlDebra (Post 2590081)
I don't think she was angry with advice, it was all the joking, like it was such a trivial thing to have had happen. I can think of lots of different medications that I would not want the whole world to know if I had to take them, let alone an exspouse! So, I understand her hurt at coming where she felt others might be sympathetic and instead have them make fun of the situation.

I know no one meant any harm, but what might seem a small matter to some, might be a lot more personal and insurmoutable to another.
You are exactly right!!! I can take people's opinions whether I agree with them or not, but I just didn't feel like I needed all of the smart & joking comments. Thanks for your support.

BamaFan121s 04-23-2009 05:09 AM
Was the mail sent from the insurance company itself, or from the place where he orders his medicine? (Just curious, you said 'the insurance company sent it.')

If the insurance company sent it, given that her daughter is being carried by your husband's insurance and EVERYTHING from them will have his name on it, then it's not surprising that she opened it and I think she was probably within her right to do so. If it wasn't from them, but was from a company where he ordered the medication, then that may be different.

In any event, I think the law applies more to stealing other people's mail, or opening mail that was misdelivered. I'm just thinking that the law wouldn't really apply in the same manner given that they were married(?) and he has things that will inavoidably come to her mailbox.

BamaFan121s 04-23-2009 05:19 AM
Might I just add that I can potentially see why this situation could be troublesome, depending on what type of medication it was. (NOT that I want to know, nor am I trying to suggest anything about your husband's medical state.)

Thankfully, I have not had to deal with what you guys are going through, but I can only imagine what an ordeal it could be. I am, however, female and I know how spiteful and vindictive we gals can be. ;) ESPECIALLY when our children are involved. So I can easily see how, depending on the contents, she could see this as information that she could use against him, so I can understand your angst.

I don't think that anyone was trying to make light of the situation or make fun of your question. Honestly, we joke around a lot here and I have to admit some of the comments made me giggle too. I don't think anyone meant to offend you and I'm sure no one expected you to take it so seriously. I don't think anyone realized the seriousness you were placing on the incident.

daisymae2012 04-23-2009 05:20 AM
Quote:
Originally Posted by BamaFan121s (Post 2591036)
Was the mail sent from the insurance company itself, or from the place where he orders his medicine? (Just curious, you said 'the insurance company sent it.')

If the insurance company sent it, given that her daughter is being carried by your husband's insurance and EVERYTHING from them will have his name on it, then it's not surprising that she opened it and I think she was probably within her right to do so. If it wasn't from them, but was from a company where he ordered the medication, then that may be different.

In any event, I think the law applies more to stealing other people's mail, or opening mail that was misdelivered. I'm just thinking that the law wouldn't really apply in the same manner given that they were married(?) and he has things that will inavoidably come to her mailbox.
I guess the company had to send the medicine b/c insurance don't actually mail medicine out, but the insurance would have been the ones to mess the address up. They were never married, so she is not entitled to anything concerning him. He only has to carry primary insurance and when we get bills for his daughter, then the only thing that shows on the envelopes address is his daughter's name, not his. She may have mistakenly opened the mail and not paid attention. I know people make mistakes, but I also know how this woman is and she would have opened it knowing that it was his just to see what kind of medication he was taking so she could use it against him. Thanks for your input though, I really do appreciate it. We do not have enough proof that she did open it knowingly though, so I'm not sure if we could do anything about it.

txshopper73 04-23-2009 05:20 AM
I currently work for the postal service.

First class mail, incorrectly sent, should ALWAYS be returned (with explanation written) if it is not addressed to the persons living at that address.

Third class mail can be returned with explanation (i.e. deceased, moved, etc), but the post office will dispose of it and not return third class to the sender.

I would file a complaint with the insurance company...they need to be made aware of the situation so the mistake does not happen again.

This woman "could" have charges filed against her (if the family sees fit) because she opened first class mail that was not directly addressed to her.

daisymae2012 04-23-2009 05:27 AM
Quote:
Originally Posted by txshopper73 (Post 2591049)
I currently work for the postal service.

First class mail, incorrectly sent, should ALWAYS be returned (with explanation written) if it is not addressed to the persons living at that address.

Third class mail can be returned with explanation (i.e. deceased, moved, etc), but the post office will dispose of it and not return third class to the sender.

I would file a complaint with the insurance company...they need to be made aware of the situation so the mistake does not happen again.

This woman "could" have charges filed against her (if the family sees fit) because she opened first class mail that was not directly addressed to her.
Thanks for this information. We do not want to charge her with anything at the moment b/c it could have been an accident and we are not out to get people like that. However, if she was to bring his medication up in court, then we would like to have some kind of documentation stating that she should have never opened his mail, so I'm not sure how to go about doing that. I guess I can call our lawyer and find out how to document it. We did already call the insurance and got all of that straightened out so it should not happen again. Thanks!

daisymae2012 04-23-2009 05:28 AM
Quote:
Originally Posted by BamaFan121s (Post 2591045)
Might I just add that I can potentially see why this situation could be troublesome, depending on what type of medication it was. (NOT that I want to know, nor am I trying to suggest anything about your husband's medical state.)

Thankfully, I have not had to deal with what you guys are going through, but I can only imagine what an ordeal it could be. I am, however, female and I know how spiteful and vindictive we gals can be. ;) ESPECIALLY when our children are involved. So I can easily see how, depending on the contents, she could see this as information that she could use against him, so I can understand your angst.

I don't think that anyone was trying to make light of the situation or make fun of your question. Honestly, we joke around a lot here and I have to admit some of the comments made me giggle too. I don't think anyone meant to offend you and I'm sure no one expected you to take it so seriously. I don't think anyone realized the seriousness you were placing on the incident.
Maybe I should not have taken it all so personally, but after being up until 3:00 AM the night before dealing with this mess, then I guess I wasn't in the best of moods for joking about this stressful situation. I apologize for being that way if people thought I was out of line.

daisymae2012 04-23-2009 05:37 AM
And when I said that situation, it is a lot more complicated than just this mail thing. I guess that is why i wasn't in very much of a joking mood. If that was all that was going on, then it would be no big deal. But, there have been a lot of other things take place the last 2 weeks with this situation.


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