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Is opening someone else's mail a federal offense? Hello all! This is somewhat of a unique situation. My husband carries primary insurance on his daughter who lives with her mother the majority of the time. He has legal joint custody so he switches on weekends, holidays, part of the summer etc. Anyways, some of his medication went to his daughter's mom's house and her mom opened his mail. It had his name on it, but the insurance sent it to the wrong address. They have 2 addresses set up, one for us and one for his daughter's. So, it is pretty much our insurance's fault for sending it to the wrong address, but is still a federal offense for her to have opened it?? I would not be concerned about this if she wouldn't try to use this to get him back in court later on. She will try to twist anything around on him just to have total control. Any advice or opinions are appreciated !! Thanks!!! :) |
The law applies to stealing mail...not mail delivered to your home and opened in error. |
Well, I don't think it was opened in error. I think she opened it for a reason and she said she accidentally opened it. I could see if it was a card or something, but if medicine is being shipped, then I would atleast look at the name on the package before I opened it. |
Well, I don't think the prison system would be big enough to hold all those who inadvertently opened someone else's mail. I doubt if she could use anything in court against him on this matter. Why would the courts worry about medication he was taking? Is he fighting for custody? If so, medication information would not hurt him in any way. If it's more to do with him being reimbursed for expenses that she paid out of pocket, she could probably get that information straight from the insurance company. |
Might I suggest to get a P.O. box so your husband can have things sent there. It might help. |
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Since it was sent to her address, Mom had every right to open the mail. |
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See Nancy's response above. |
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I guess none of you all have had to go through an ugly custody battle. Be grateful that you never have had to, but I am sorry for posting this thread. I thought I would have gotten a little more support than people laughing and making smart comments about my thread. |
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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! |
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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. |
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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. |
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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. |
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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. |
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. |
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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. |
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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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