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Gerald, Esq
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Can I sue the post office in small claims

Customer Question

Can I sue the post office in small claims
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

I hate to be the bearer of bad news, but I do not want you to expend additional energy, time, and money pursuing something that will not work out for you.

The actual answer is a bit of yes and no. Technically, you can sue the Post Office in small claims court. But the Post Office has the ability to "remove" any action brought in state court to the United States District Court.

See this:

https://www.law.cornell.edu/uscode/text/39/409

And while it is not impossible to represent yourself in US District Court, the rules are complex and the proceedings are expensive.

Additionally, suits against the Post Office are limited to certain actions under the Federal Tort Claims Act, and cannot be brought for negligent delivery of the mail. See this law:

https://www.law.cornell.edu/uscode/text/28/2680

Which bars actions for "(b) Any claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter."

see this case which discusses the ability to sue the Post Office for certain claims, but not for the negligent delivery of the mail:

https://www.law.cornell.edu/supct/cert/04-848

I hope the information I have provided is useful to you even if it is not what you had hoped to hear. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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