Need some input regarding US mail legalities and baseball cards

[hcv123]

Here is the short version:

I owned a business. I sold the business in July. I was working for the new owners who showed themselves on multiple occasions to have no integrity. It got so bad, I quit and walked out on December 2nd. Prior to that I had been receiving some personal mail (including ebay winnings) at the business address.

I had won 3 ebay auctions that were in transit when I walked out (I immediately put in an address change). I was in touch with a former employee of mine who stayed on with the new owner and asked him to keep an eye out for the packages and if he would bring it to me. He texted me that the first package arrived and the new owner opened it and would hold onto the cards (presumably because he was angry with me for leaving and he is just "that kind of guy").

I did some on line research and thought I learned that because the packages were addressed to me personally even though they were delivered as addressed - that anyone else opening it is mail theft.

I attempted to contact the USPS postal service inspectors - I was initially told the case had to go to the local post office first - the local post office called and was confused why the case went to them saying they delivered the items as addressed. I left a message with what was supposed to be the postal inspectors again after that call. Still waiting for a call back- that was 2 days ago.

Rather than waiting I went to the local police station. An officer met me at the business location - spoke with the new owner who opened and has my cards who lied to the officer and said he had no idea about any cards. The employee who I communicated with was at the business - the officer saw no need to speak with him and told me it is a civil matter and I need to take him to court. I asked about mail theft being a felony. He essentially blew me off.

Any experience or educated input from anyone here?

[buymycards]

Your problem is that any mail that is delivered to a business address belongs to the business. An individual is not allowed to file a personal change of address from a business address.

For instance, if I work at McDonalds and I quit, I cannot file a change of address for mail with my name on it that is addressed to the McDonalds business address. All of the mail that is coming to that address is assumed to belong to the business, even if an individuals name is on the mail. That rule is meant to protect the business from employees who may try to get business mail that should go to the business.

If you have a poor relationship with a shady person, you don't have any recourse through the Postal Service.

[hcv123]

Originally Posted by buymycards

Your problem is that any mail that is delivered to a business address belongs to the business. An individual is not allowed to file a personal change of address from a business address.

For instance, if I work at McDonalds and I quit, I cannot file a change of address for mail with my name on it that is addressed to the McDonalds business address. All of the mail that is coming to that address is assumed to belong to the business, even if an individuals name is on the mail. That rule is meant to protect the business from employees who may try to get business mail that should go to the business.

If you have a poor relationship with a shady person, you don't have any recourse through the Postal Service.

The Post office allowed me to submit 3 change of addresses from the business address - my personal name, my former business name and my collectibles business name.

I understand his theoretical "accidental" opening of the cards is not a crime, but isn't his theft of my property (refusal to give me the cards)?

[Exhibitman]

Sue the bastard for conversion and call the other employee as a witness.

[pokerplyr80]

This board seems to have no shortage of lawyers. Hopefully one can offer some advice. Sorry about your cards.

[todeen]

Why didn't you just go to the new owner first? Obviously you have left out a lot of detail about your relationship with the owner, but it seems to me you made matters worse by escalating the situation from a 2/3 awkward situation to a full blown WTF moment. Was your first meeting with the guy about your card really with a cop in tow? I would be pissed if that happened to me.

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[glynparson]

Originally Posted by todeen

Why didn't you just go to the new owner first? Obviously you have left out a lot of detail about your relationship with the owner, but it seems to me you made matters worse by escalating the situation from a 2/3 awkward situation to a full blown WTF moment. Was your first meeting with the guy about your card really with a cop in tow? I would be pissed if that happened to me.

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So because your little feelings would be hurt you'd think it was ok to steal his property? Remind me i never want to do business with you. Sounds like you don't have much integrity.

[todeen]

Originally Posted by glynparson

So because your little feelings would be hurt you'd think it was ok to steal his property? Remind me i never want to do business with you. Sounds like you don't have much integrity.

No, you've missed the point. I never made any comment about morality of this issue. It just seems to me he missed a step to getting his cards back by not directly contacting the stores new owner first. Perhaps he did contact the owner first and just forgot to add it in his story. But it appears the owner is a douche, and by bringing a cop in tow he turned douche into mega-ultra-douche.

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[Eric72]

Are the cards individually identifiable in some way? For example, serial numbered inserts. If so, can’t you claim rightful ownership of the cards, regardless of who is in possession of them? I’m not a lawyer; however, am aware of cases similar to this. A thief cannot transfer clear title of stolen property, or something along those lines.

[hcv123]

1) Thanks Adam - I will look up conversion and see if there is someplace for me to go there. Is that something persuable in small claims (where I likely have to go after him for my last weeks pay - unless the DOL is going to help out there)
2) I left out a lot of the back story as most of it didn't/doesn't seem relevant. I did email the new owner twice asking for my cards back. He never responded to either email - I told him in the email that I would pursue legally if he didn't return them. The grounds on which I quit - were after agreeing to accept lower compensation for 3 months to "get him started" he refused to honor our compensation agreement (=30% less than originally agreed) (verbal) and then told me he couldn't afford to pay me even what he was paying me and was going to cut my comp by another 70%.
3) While the total cost of the cards is only $264. They are all rare Venezuelan cards - 2 of them are PSA graded.

[Tripredacus]

Originally Posted by buymycards

Your problem is that any mail that is delivered to a business address belongs to the business. An individual is not allowed to file a personal change of address from a business address.

For instance, if I work at McDonalds and I quit, I cannot file a change of address for mail with my name on it that is addressed to the McDonalds business address. All of the mail that is coming to that address is assumed to belong to the business, even if an individuals name is on the mail. That rule is meant to protect the business from employees who may try to get business mail that should go to the business.

The important part of the situation seems to be that OP ran a business at that address.

[buymycards]

Originally Posted by Tripredacus

The important part of the situation seems to be that OP ran a business at that address.

He RAN a business. He was no longer part of the business. The local PO should not have accepted the COA cards and they should have explained the rules to you. I have dealt with similar situations hundreds of times. In our area, the change of address cards would have been returned by the mail forwarding unit as invalid. You have to rely on someone at the business forwarding your mail by hand, or calling you and telling you that you have mail.

This is just like someone who has their mail forwarded to a Nursing Home or a Hospital or a Hotel/Motel. Mail can't be forwarded from those entities. It has to be hand forwarded by a current employee. You can have your mail forwarded TO a NH, Hospital or Hotel/Motel, but the PO will not forward your mail FROM one of these places. The same rules apply to a jail or a prison.

[bbcard1]

I am sorry you got cheated, but it sounds like you are investing a lot more than $247 worth of worry in this. Find your peace if you can and move on. I have had things like this happen to me and have been like a dog with a bone. Sometimes I got the items in question, sometimes I didn't, but in the long run, it was never worth it. Good luck!