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  1. #1
    Join Date
    Sep 2007
    Location
    South Carolina
    Posts
    89

    Default Package Disappeared After Delivery

    Hi all. I live in South Carolina. I need to sue the apartment complex I used to live in. Long story short, an expensive package that an employee in the rental office signed for disappeared. The USPS stands firm that they are not at fault because the package was delivered (signed for), even though the carrier ignored my mail hold order because I was away. The item was insured.
    Whom do I sue? Do I list the name of the complex? Do I include the manager and the employee who signed the delivery slip? Do I need to include the parent company? I want to make sure all of my t's are crossed and my i's dotted. Thanks!

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: to Know What to Do

    So WHO actually signed for it?

  3. #3
    Join Date
    Sep 2007
    Location
    South Carolina
    Posts
    89

    Default Re: to Know What to Do

    Quote Quoting Dogmatique
    View Post
    So WHO actually signed for it?
    It was one of the leasing girls. The post office does not deliver packages to your door. They go to your mailbox, and if they won't fit they go to the office. Packages are kept in a "sometimes" locked supply closet that has been accessed by residents.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: to Know What to Do

    You would sue the individuals and their employer. When in doubt, sue EVERYONE.

    That way you can do discovery on them all and find out the truth, and also find out the employer's procedures and how the employees violated them.

    There are times when the defendants will point fingers at each other and file cross claims. It gets real interesting then.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: to Know What to Do

    If I may attempt to decode that a bit....

    You were on vacation and you put a hold on your mail with the USPS. During that time they attempted to deliver a package that required your signature. As you were not home, they followed standard procedure for your apartment complex and had somebody in the office sign for the package. The package was then kept in the office, perhaps in a locked supply closet, pending your return. By the time you returned, some unknown number of days later, the package had disappeared. Is that correct? Are there any additional details that we should know?

    Were you not aware of the practice of the Post Office to ask somebody in the office to sign for packages when tenants were not home?

    What exactly is it that you believe each person involved did wrong? Other than signing for the package, consistent with that policy, what are you alleging that the person who signed for the package should have done differently? Did she violate her employer's policies?

    Under what circumstances, and for what reasons, would tenants have access to the locked storage cabinet?

  6. #6
    Join Date
    Sep 2007
    Location
    South Carolina
    Posts
    89

    Default Re: to Know What to Do

    Quote Quoting Mr. Knowitall
    View Post
    If I may attempt to decode that a bit....

    You were on vacation and you put a hold on your mail with the USPS. During that time they attempted to deliver a package that required your signature. As you were not home, they followed standard procedure for your apartment complex and had somebody in the office sign for the package. The package was then kept in the office, perhaps in a locked supply closet, pending your return. By the time you returned, some unknown number of days later, the package had disappeared. Is that correct? Are there any additional details that we should know?

    Were you not aware of the practice of the Post Office to ask somebody in the office to sign for packages when tenants were not home?

    What exactly is it that you believe each person involved did wrong? Other than signing for the package, consistent with that policy, what are you alleging that the person who signed for the package should have done differently? Did she violate her employer's policies?

    Under what circumstances, and for what reasons, would tenants have access to the locked storage cabinet?

    You are correct. That's what happened. I was aware of the practice to leave packages at the office. That's why I had my mail held. I didn't want it sitting there. The post office recognizes the carrier did wrong. But their contention is that the package was delivered. The slip was signed.
    The employee didn't violate the policy. This is what they do. They accept packages for residents. My argument is that they do not safeguard the packages properly. They are left out in the open if delivered by other than USPS until one of the employees sees fit to put them in the closet. This closet was not always kept locked and residents could walk in and get a package. I've done this many times myself.
    The property managers excuse is that the office girls were busy and the carrier stuck the slip under her nose and pushed her to sign it. I pointed out that, when you sign for a package, you're responsible for that package. She disagreed saying that they aren't responsible as they only do this as a courtesy.

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