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  1. #1

    Default Mail Theft

    Recently my girlfriend and I split up. After I broke up with her she put a protection order against me. In that time I was expecting mail in our apartment mailbox my grandmother was sending me for my birthday which contained money inside. My ex refuses to give me my mail. My grandmother sent cash so I dont think I can put a case up for witholding mail...

    But also, I had the protection order dismissed yesterday 3/30/07 and I tried to contact my ex today for a good time to pick up my belongings that were still at the apartment since I could not go near the apartment while the order was in place. My ex told me all my things are gone, isn't this theft? I'm now missing my clothes, several electronics, important documents such as my birth certificate and other documents, computer desk, all my clothes, and more...

    I have another post in the slander thread. But in the time of the protection order police were at my apartment and already know my belongings were on the back porch...so it is proven that my things "used" to be there...what can I do?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mail Theft

    Whether her failure to secure your belongings is a crime or not depends on the laws in your unnamed state.

    At the very least, you might be able to take her to small claims court and sue her for the loss even if there is nothing criminal.

    - Carl

  3. #3

    Default Re: Mail Theft

    Sorry, this was my second post and forgot to say the state I'm in. I'm actually in Washington State. I'm pretty oblivious to law and thanks for your advice thus far.

    This incident has impacted my life greatly. My belongings she put outside our apartment on the back porch. She filed a protection order against me so I could not go to the apartment to get my things in that time. After the order was dismissed I sent her a text asking for a good time to get my things. She wrote back stating all my things are gone. This included $462 in a pair of jeans I was wearing the night that everything started and police asked me to leave the residence because my name was not yet on the lease even though I was living there for the past few months. Along with my money, I had several clothes, a computer, a computer desk, so on and so forth which I've already stated.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mail Theft

    It's likely that she could be charged with theft only if she took the items or concealed them from you. However, I'm not versed enough in WA law to know whether putting them on the back porch is sufficient to constitute theft -I suspect it is not, but it may depend on the details.

    However, since she was the de facto custodian of your property, you likely have a good claim against her for the value of all the missing property. You might start by making a list of the items missing, a good description, and a value of the items. Then you might want to purchase a book giving instructions in small claims actions and make a claim to her for the return of the listed property or it's estimated value. If she refuses, you should consider taking her to small claims court.

    Chances are she knows where the stuff is or who has it, she's just pissed at you and playing games. It might even be a good idea to see a lawyer who might write a proper claims letter to her. Sometimes seeing the claim coming from an attorney is enough to wake someone up.

    - Carl

  5. #5

    Default Re: Mail Theft

    Thanks for your input boss. Any input on my other thread in the defimation forum? Any advice or insight is greatly appreciated. Thanks for your time thus far.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mail Theft

    I haven't looked. Defamation is kinda outside my knowledge base.

    - Carl

  7. #7

    Default Re: Mail Theft

    RCW 9A.56.020
    Theft — Definition, defense.

    (1) "Theft" means:

    (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

    (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Mail Theft

    Quote Quoting Blue_Eyd_Tiger
    RCW 9A.56.020
    Theft — Definition, defense.

    (1) "Theft" means:

    (a) To wrongfully obtain or exert unauthorized control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or

    (b) By color or aid of deception to obtain control over the property or services of another or the value thereof, with intent to deprive him or her of such property or services; or
    The key will be showing intent. Hence, the reason the details are important. The mere fact that she no longer HAS the property, or that she was careless by leaving them outside, does not - in itself - constitute theft.

    - Carl

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