My landlord is charging us both with tampering with mail. I only wrote "person does not live here any more." It was my mailbox and my address. She moved to Florida and now claims she said she was still using this mailing address. When we moved in she told us our address and where to put our mailbox. When we moved we told the post office to hold OUR mail until we got another address. Turns out they held her's too. She is mad because it caused her one late payment on a bill. She even said it was MY writing. How can she charge my husband? We both have to miss work because of this crap! My husband did NOT write any thing or even touch her mail. Can I file a counter suit for false charges? Our court date is next week. Even the post office said we did nothing wrong. I don't know what this woman's problem is!
2007-08-12 07:19:05 · 7 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
you can file a suit for malicious prosecution.
you did nothing wrong but if you are going to file then i would do so quick.
2007-08-12 07:27:21 · answer #1 · answered by bgdadyp 5 · 1⤊ 0⤋
Even if the previous tenant's mail had been delivered to your mail box, they would not have received the bill. Not receiving a bill is no excuse in any case. She should have known she had a bill due and contacted the company to arrange payment.
It is unclear from your question what country you are in. In the US it would be a FEDERAL crime for anyone, including your landlord to remove ANY mail from you box without written permission from YOU. The former tenant does not have the right to authorize the landlord to open your mailbox, let alone remove any mail.
I appears to my that if anyone should be suing anyone, you should be suing both the landlord AND the former tenant. BTW, writing that the person in no longer at the address is actually the only thing you legally CAN do with mail that is addressed to your residence but not to you.
2007-08-12 07:38:21 · answer #2 · answered by STEVEN F 7 · 2⤊ 0⤋
Hold on. If she's "applied for an arrest warrant" for you, then the investigating authority would be the Postal Inspector, a law enforcement officer from the federal government. If the postal inspector finds a case, he gives it to the US attorney to prosecute. If the USPS says you did nothing wrong, then there's no case. If you're not being dragged into federal court by the US Attorney, then I don't think there's any possibility of an arrest warrant being issued.
Is it possible that what she's really done is file a civil suit against you? You won't be arrested in a civil suit, just named in the complaint. If you haven't done so already, either hire a lawyer NOW or pay an immediate visit to your local legal aid organization. Even if the lawsuit has absolutely no basis in law, because of the way the American legal system works she'll still win if you fail to respond properly. Good luck!
2007-08-12 07:32:34 · answer #3 · answered by Anonymous · 3⤊ 1⤋
OMG! Some people need to get a life! Moved to Florida to retire and bored to death, no doubt!
The former tenant should be grateful that you even did what you did. It is HER responsibility to change her address and forward properly. It is not your duty to return her mail or whatever. I throw it away unless it is "First Class."
It is not the landlord's place to file such a claim. It should be the former tenant, if anyone.
You will need to miss work for at least one court appearance. To see about getting it dismissed. Try looking up and meeting with Fair Housing Authority. They offer free services and will take a look at the claim and tell you what legal options you have. They helped me with a new tacky landlord. (They actually laughed their asses off at the memo the landlord placed on everyone's door, telling us to "get a hobby.")
2007-08-12 07:32:24 · answer #4 · answered by Anonymous · 1⤊ 1⤋
Sounds like this girl is jsut out for money if she left for florida and didnt leave a forwarding address thats her fault. why should you be held liable for her incompetence. If the post office is on your side take her into court get a dirt bag of a laywer to counter sue for damages and lawyers fee's. Make sure you get a written statement from the post office if you can because its not what you know in court its what you can prove.
2007-08-12 07:26:32 · answer #5 · answered by Anonymous · 2⤊ 1⤋
If she moved and did nothing to have an address change then that is her fault. If she is actually the owner of the property and required you to share her mail box then she should have provided you with a mailing address to forward her mail.
2007-08-12 07:42:59 · answer #6 · answered by woodstockb42001 5 · 2⤊ 0⤋
stop worring,have them talk to the post office,an tell them you will have them arrested for fause information..........
2007-08-12 07:29:30 · answer #7 · answered by john doe 5 · 1⤊ 2⤋