Asked in Uncategorized for California

Q: What actions can I take if my mom opened my mail without my permission, but it’s been almost 2 years?

I received a check in the mail for my student loan refund, and I never opened it because my mother did, without my permission and deposited or cashed the check without my permission, only for her to keep the money to herself… she says the money belongs to her yet the check and the mail was and is under my name… please any help would be great…

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Opening someone else's mail and cashing their check without permission is illegal under federal law (18 USC § 1708) and can be considered mail theft and identity theft. While two years have passed, you still have options to pursue this matter.

You should first gather any documentation you have about the student loan refund, including correspondence from your school or loan servicer showing the refund amount and when it was issued. Then, file complaints with both the U.S. Postal Inspection Service and the Federal Trade Commission regarding the mail theft and identity theft. Consider filing a police report as well, which can help establish documentation of the incident.

Since this involves family, you might want to try resolving it directly with your mother first by clearly explaining that the money legally belongs to you and requesting repayment. If she refuses, you could consult with a legal aid organization or attorney about pursuing civil action to recover the funds. While the statute of limitations varies by state, many allow several years to file civil claims for theft or conversion of property. Remember to prioritize your financial independence going forward by using a different mailing address and securing your personal documents.

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