GAMtgGuy

Holy Cow! CA just put a hand-written note in my mailbox!!!

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This is unbelievable....

I was at work...or should I say...preparing my Motion to Compel Arbitration this afternoon, when my wife calls to tell me that the kids saw a car pull up and put something our mailbox!?!?!

She went out and checked it out. A handwritten note on a piece of small hallmark stationary with the following on it:

" Sleazebag Collector would like GaMtgGuy 123 Main Street to call: 888-888-8888 ext. 1234".

So...I call the number...and yes...it is for United Recovery Systems. Funny enough, I had just sent a validation to them today in response to a dunning letter I received 4-5 days back.

Is this legal? If not....can I sue them in state court? Isn't it illegal to tamper with a mailbox? Federal crime.....

Anyway....I'm still slightly pissed off today, so perhaps am just jumping the gun!

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how did they TAMPER with a mailbox? By putting something in it?

Don't think so.

Though the whole thing does seem weird to me and a bit creepy...

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Was there something to the effect of 'this is an attempt to collect a debt' on the bottom of the note? If not-FDCPA violation. Since they're pulling stunts, I'd sue first and ask questions later (while burying them in discovery and running up their attorneys fees, of course).

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Was there something to the effect of 'this is an attempt to collect a debt' on the bottom of the note? If not-FDCPA violation. Since they're pulling stunts, I'd sue first and ask questions later (while burying them in discovery and running up their attorneys fees, of course).

No....their was nothing else other than what I put above. I have a problem with anyone opening my mailbox and possibly going through my mail. Especially a bloody CA!

Do I have to sue in Federal on this, or can I just use my state court in my county. I need to learn how to be effective with the District court in Atlanta (25 miles away) to expand my ability to defend myself.

I suppose I could just hire a local attorney and let him get attorney fees, and I'll take the FDCPA damages.

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Not sure if this will help or not, but I used to do delivery work. Both companies I worked for always said we could NOT put our packages in a recipient's mailbox since our deliveries did not have proper postage paid...

RebelLady

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Not sure if this will help or not, but I used to do delivery work. Both companies I worked for always said we could NOT put our packages in a recipient's mailbox since our deliveries did not have proper postage paid...

RebelLady

This is true. My mother is a postal employee and delivered mail for years. The postmaster would refer the case to the postal inspectors and they would assess fines to the entities using postal boxes without authority.

However, there is no private right of action so it would have to be between USPS and collector.

Still a little creepy though.

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how did they TAMPER with a mailbox? By putting something in it?

Don't think so.

Though the whole thing does seem weird to me and a bit creepy...

Mailboxes are only used to hold mail that has been sent through the USPS.

The OP should contact their local post office to report this.

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You have them on easy FDCPA violations for not clearly stating an amount, who the original creditor is, what the debt is for, and for not stating this is an attempt to collect a debt and you have them in fact for opening your mail box and placing something inside, so you definitely need to contact the USPS and file a formal complaint. The authorities generally take this type of crap pretty serious and it can infact be construed as tampering which is a federal offense. A local punk in my county lost his life over screwing with a mailbox and the owner of said mailbox was aquitted of any wrong doing...

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I agree with what's already been said: On putting the note in your mailbox, all you can do is file a complaint with the post office. But the contents of the note itself violate the FDCPA's requirements for communication with a debtor. See a lawyer from www.naca.net and consider a lawsuit.

Good luck.

DH

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to me, a hand written note from a collector would be intimidation. It's hand written so they do not have record. It was delivered in person to let you know they know where you live. I think that would scare the **** out of a lot of people.

Like a mobster tactic to write a note and give it to your child to bring home....It's clearly intimidation.

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to me, a hand written note from a collector would be intimidation. It's hand written so they do not have record. It was delivered in person to let you know they know where you live. I think that would scare the **** out of a lot of people.

Like a mobster tactic to write a note and give it to your child to bring home....It's clearly intimidation.

Your probably right. I'll let you guys know what my local NACA attorney says....

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That's your best course of action. Your lawyer will know what to do.

In the meantime, please inform the USPS. Not only is it illegal to use the mailbox for non-postal letters, but that could be considered using the US Mail to illegally intimidate you. That may get the attention of the USPS. The first rule, NEVER mess with the postal inspectors. The second rule, never EVER mess with the postal inspectors. They are tough, and they are thorough. If they are not interested, nothing will happen. If they are interested, those scumbags will learn a lesson they will never forget.

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From the postal blog:

One of the current advantages we enjoy is a monopoly on the mailbox. No other courier may use the mailbox for delivery, nor can any other matter without proper postage be put in mailboxes.

Yet, every day, carriers encounter pizza coupons, garage sales, community picnic announcements, newspapers, thank-you notes and many other items deposited in mailboxes.

It's actually federal law that allows us this monopoly. The U.S. Code 1725 sets the fine as $300 for each offense. And the DMM 508 tells us as a minimum, we should collect the postage that the item would have been charged.

I even found the code for you and the fine.

I'd turn him into the Post Master in our area.

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From the postal blog:

One of the current advantages we enjoy is a monopoly on the mailbox. No other courier may use the mailbox for delivery, nor can any other matter without proper postage be put in mailboxes.

Yet, every day, carriers encounter pizza coupons, garage sales, community picnic announcements, newspapers, thank-you notes and many other items deposited in mailboxes.

It's actually federal law that allows us this monopoly. The U.S. Code 1725 sets the fine as $300 for each offense. And the DMM 508 tells us as a minimum, we should collect the postage that the item would have been charged.

I even found the code for you and the fine.

I'd turn him into the Post Master in our area.

Thanks Lilq -- I'll be calling the local Post Master before noon today.

This just has me incensed...also calling a local attorney who just beat a collection company in court for FDCPA violations with voicemails. Love it!

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I agree with what's already been said: On putting the note in your mailbox, all you can do is file a complaint with the post office.

Actually this represents yet another FDCPA violation. 1692f says that a CA may not use any unfair or unconscionable means. Since they broke the law (The Postal Code) in communicating with you it could very well be considered unconscionable and I have seen cases where the court ruled that breaking another law was an FDCPA violation. Additionally the form of communicaction could be considered harrasment and I would argue that the prohibition on Post Cards meant they must put it in an envelope to prevent third party disclosure, which I gather the note was not in.

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If the note did not say "This is a communication from a debt collector. This is an attempt to collect a debt."

Debt collectors have to do that IN EVERY COMMUNICATION!

IT VIOLATES THE FDCPA.

This is a slam dunk FDCPA suit for this and all the foregoing reasons stated in previous posts.

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The note was apparently from a widow who lives across the street.

The fools actually called a neighbor to have her put the note in my mailbox. I have a hard time in believing this....I can't believe my luck.

My attorney is going to love this one. Too bad it's only $1,000..... :)

GaMtgGuy

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wow.

Bring your neighbor in on the suit as plaintiff!

She can testify to the intimidating tactics!

This is worth more than $1000!

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I hope so - would love to score a big kill. Although I really want to nail Zwicker more....

for this incident...perhaps....$1000 statutory plus ???? for defamation, embarassment, intimidation?

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And the drama continues.....

Around 5:30pm this afternoon...the same collector from CollectCorp calls my younger brother looking for me!!! Says it about a personal business matter -- urgent he speak to me before 10pm.

That's 2 people in 3 days he has contacted about my debt. The OC has my home and cell # -- and I've gotten 2 calls previously from this company on my cell. Additionally, I sent a DV/stop calling letter about a week ago to these guys.

Amazing....

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And the drama continues.....

Around 5:30pm this afternoon...the same collector from CollectCorp calls my younger brother looking for me!!! Says it about a personal business matter -- urgent he speak to me before 10pm.

That's 2 people in 3 days he has contacted about my debt. The OC has my home and cell # -- and I've gotten 2 calls previously from this company on my cell. Additionally, I sent a DV/stop calling letter about a week ago to these guys.

Amazing....

Are they trying to make you rich?

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Are they trying to make you rich?

haha....let's hope so. I just wish they would have done that on his answering machine instead of live.

I would love to have a few voicemails to use in the case.

Fun times :)

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haha....let's hope so. I just wish they would have done that on his answering machine instead of live.

I would love to have a few voicemails to use in the case.

Fun times :)

Did they call a cell phone? should be easy enough to prove....

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Did they call a cell phone? should be easy enough to prove....

Yes - he only has a cell, no landline. Good point.

I've got a call at 10AM with the NACA attorney.....will update you with how it goes.

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