TAMPERING WITH THE MAIL.
When it's O.K.


It's widely known that tampering with the mail is a federal offense.  Many
people have been put in prison for mail fraud and other forms of mail
tampering.  When is it O.K. for process servers?...   NEVER!

"Mail" doesn't just refer to letters and packages.  It also includes the
mailbox, a mail slot, and even the post on which the mailbox is mounted.  
Process servers should never open a mailbox to "look inside" or reach
inside an open mailbox and thumb through the letters.  There is never any
valid excuse for even touching a mail receptacle or its contents; DON'T
LEARN THE HARD WAY!  This includes delivering process by placing it in
the mailbox or even affixing process to the post on which the mailbox is
mounted.

A mail slot, say in a front door, has been utilized to deposit process if so
ordered by a court.  However, no matter how tempting, a process server
should never lift a mail slot flap to "get a look inside."  In fact, it would be
better if a judge is going to authorize substituted service by depositing the
process in a mail slot that the order stipulate that it be sent by first class mail
so the mailman can be the one who actually deposits the process.  There is
no difference and it protects the process server's interests.  As process
servers, it is our job to protect ourselves from prosecution and convince our
clients and the judges who authorize sub. service of these concerns.

Just imagine how you would feel if you looked out your window and saw
some stranger rummaging through your mail box.  The fact that the person
is a process server is absolutely irrelevant.  No state can pass a law that
allows this, for process servers or otherwise.  Do we want anyone other than
the mailman opening our mailboxes?  Our mail, as citizens, is a private and
confidential matter between us and the U.S. Postal Service.  As much as it
would help us as process servers, we would be violating our own rights and
privacy if we did this to a neighbor.  It doesn't matter that we are not opening
letters, stealing mail or committing fraud.  It is no justification that we only
want to confirm the address.

The only safe way to verify if someone receives mail at a particular address
is to submit a "REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER
INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS" to the
Postmaster for the zip code of the last known address.  This request can be
made free of charge but it must contain certain information.  

Click HERE for a copy of the request form

Story By:

The Civil Process Servers Association of Texas