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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 01-11-2010, 12:05 PM   #1
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Default ID Theft? Mail stolen from at complex...

I received a letter from the Plano Police Dept stating that I am a victim of possible ID theft...apparently a group of thugs broke into several apt complex mail boxes and stole valuable info. The letter included a copy of a CC statement that was found on the individual at the time of arrest. Fortunately, those accounts are closed and have been for some time.

I went to the Apartment office to show them the letter...they told me that this has been happening and other's have been victimized as well. I asked if they sent out notices to the residents ( in case mine blew away in the wind), and they said "NO"...WTF? I only check my mail once a week, shouldn't they have notified every resident about this?

The only resident's who knew were the ones who's names/mail was on the thieves at the time...who's to say other people's mail was stolen, but not found?

Did they have a legal responsiblilty to notify us?

Thankfully, I am ok. But really? Come on!
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Old 01-11-2010, 12:14 PM   #2
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I would think that the apartment complex's liability stopped once they constructed mailboxes to the satisfaction of the US Postal Service. If anything happens to mail between the USPS and your box it is a federal crime. Once it's in the box, it's yours.

As a courtesy, yes, it would have been nice for the apartment complex to notify you, but I don't think it was their obligation.
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Old 01-11-2010, 12:28 PM   #3
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Stealing mail has become commonplace, out of control. Federal prosecutors and judges are getting a lot more of these cases. The holy grail is government checks. SS went to direct deposit a few years back, but still lots of recipients get paper checks. Same w/ IRS refunds. Watch your mailboxes carefully in this economy and this time of year. Switch to a private P.O. box if you need to.
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Old 01-11-2010, 12:37 PM   #4
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Quote:
Originally Posted by ferdburf View Post
I would think that the apartment complex's liability stopped once they constructed mailboxes to the satisfaction of the US Postal Service. If anything happens to mail between the USPS and your box it is a federal crime. Once it's in the box, it's yours.

As a courtesy, yes, it would have been nice for the apartment complex to notify you, but I don't think it was their obligation.
Pretty much. They are not required to be theft proof. Just up to certain specs.
You might want to join a credit monitoring service for the next year. They can alert you to any new attempts to open credit in your name as well as the instant credit inquiries or collections are entered. Depending on how much you spend on the service, some will even help you clear up that kind of thing (id theft).
There are tons of services out there. Some for as little as $10 month. It's best to know the instant someone is trying to use your info to open new credit than it is to get a collections call 6-12 months later saying "you" owe $3k on a card that was never yours.
Once you get to that point its an uphill never ending battle.
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Old 01-11-2010, 01:23 PM   #5
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Quote:
Originally Posted by ferdburf View Post
I would think that the apartment complex's liability stopped once they constructed mailboxes to the satisfaction of the US Postal Service. If anything happens to mail between the USPS and your box it is a federal crime. Once it's in the box, it's yours...
Not so. Once the box has had mail delivered to it it effectively becomes the responsiblity of the USPIS (U S Postal Inspection Service) to protect that mail. They oversee all the mail handling activities, internal and external, of the USPS, security for postal sites and even such mundane duties such as prosecuting for destruction of mailboxes by joy riders.

If the Plano Police are involved, they most certainly have been in contact with the Postal Inspectors. As an aside the Inspection Service has a conviction rate that exceeds 95%.
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Old 01-11-2010, 01:58 PM   #6
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My important bills go to a PO Box, but I never notified the CC company once the accounts were closed.

I guess my issue, if it's not the legal responsibility of the Apartment complex, wouldn't common courtesy require a notice to the residents? According to the manager, there was a significant time between the theft and the repairs...no notice was sent to the residents. A head's up would have been nice. It doesn't take long for damages to incur from ID theft..the sooner you know, the better.

The people have been caught and now my name is involved in a case against them..I have received several updates on the case, whatever!
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Old 01-11-2010, 02:24 PM   #7
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It's not just the stuff you already have open. You need to get a copy of your credit report and see if there are any accounts opened without your knowledge. If they received an old CC bill, they have the info necessary to make life a nightmare.
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Old 01-11-2010, 04:13 PM   #8
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Nicole:

Anything important have sent to you PO Box at the post office. My mailman doesn't show up each day until 4pm and I never leave anything in my mail box all day.
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Old 01-12-2010, 12:49 PM   #9
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Nicole, I would turn to cyber bill pay. Is fabulously easy.
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Old 01-12-2010, 03:13 PM   #10
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You would certainly think if they had knowledge of the problem they would notify people like you so you're not leaving mail in there for a week at a time
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Old 01-21-2010, 07:00 AM   #11
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If I was the Apartment Manager, I would knock on your door and personally deliver the information simply to see your lovely smile :-)
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Old 01-21-2010, 10:18 AM   #12
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Heck, Nicole, I'd hand deliver your mail EVERY day.
The credit monitoring services are only so good. I had my SS number compromised in September of 2008. It is much worse than a CC. My bank (Wachovia) helped set me up with the reporting services, but it was pretty useless. A few weeks later I received a note from Bank of America thanking me for applying for a loan but not moving forward on it. Huh? I hadn't been near BoA in years. When I talked to BoA one of the employment references was from a company I hadn't worked for in 22 years, and had closed the doors probably 15 years before.

I suppose it is better than nothing but it is not great.
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Old 01-21-2010, 12:02 PM   #13
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Well don't trust the p o box either. I just found out Friday that someone has done this to me. The post office in keller didn't seem to care although they allowed someone to close out my box and forward my mail. I've already filed a complaint and a report, but they keep telling me it happens all the time. If my damn mail isn't safe at the post office then wtf? Even though I have bills go paperless, I still need an address to give and refuse to give my home after what's goin on. I have already made the necessary alerts as well to my ss and my children social info.
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Old 01-21-2010, 12:17 PM   #14
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SR: Just be sure to ring twice

Yes, it's a pain in the booty! My accounts have not been compromised, so all is good. It just really chaps my hide that you can't even have simple mail delivered to your home these days...and not to mention the unapologetic attitude should something go wrong.

Berk: WTF??? I thought PO Boxes were safe.
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Old 01-21-2010, 12:51 PM   #15
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Yeah, well so did I ... so if anyone has any suggestions I would appreciate it. I had to cancel 3 accounts after noticing an unauthorized online purchase and a gift card that was sent to my son has been used online. I'm sure I can't go into detail here about how violent I will be towards the individuals balls when I find him......especially for using a gift card that was a present to my child.
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