All Claims must be filed within 60 days of the date of mailing.

Please copy this form into an email and send - the completed form
 - (give your responses - by deleting the unwanted answer from the email )
 - along with the requested cell phone type digital pictures - to us so we can file a claim for you.
- A Lost Article is defined as any mailing that has not been received and has not been returned to the sender.
- Damaged or Missing Contents is defined as any mailing that has been received but some or all of the contents are damaged or missing.

Form to copy to your email and send to us
  1. Carriers are not liable for loss or theft where these instructions and postal regulations are followed.(322.311-B)
    so it seems the only way the post office is responsible happens when the carrier did NOT follow these guidelines -
    we need to show that the carrier could not, or did not, follow these guidelines in order to apply for your reimbursement from USPS
  2. Carriers do not leave packages without protection from inclement weather (322.311-C) have you had any inclement weather?  YES or NO  (delete one)
  3. Are you Usually Available to receive a parcel? (322.312-a&b)  YES  or  NO  (delete one)-I am usually NOT available and should have received form 3849-
  4. Was the Priority Mail  item scanned as delivered to you?   YES or NO (delete one)
  5. Did you get a NOTICE  (Form 3849 left) from the USPS Delivery Person with your normal mail ?   YES or NO  (delete one)
    Regulations require the carrier to make 3 delivery attempts with 3- written notices (Form 3849 left) and if you do not respond after the 3rd notice they Endorse the parcel to show a final notice was left and return the parcel to the designated place for holding undelivered parcels.- so if you have 3 notices, you package may be at the post office being held in the place for holding undelivered parcels. -- how many notices  did you get?   None 1  2  or  3  (delete 3)
  6. Did you authorize a different delivery address ?a neighbor a work address?  
    YES or NO  (delete one)
  7. Did you check with you neighbors to see if they have your package - even though you not authorize the alternate delivery address?   YES or NO  (delete one)
  8. Did you check "Protected" -- potential delivery locations such as:
    ( Parcels must not be left in an unprotected location )
    • are there any protected potential delivery locations available for your carrier to use? YES or NO  (delete one)
    • a locked vestibule,  YES or NO  (delete one)
    • locked hallway or   YES or NO  (delete one)
    • with the doorman of an apartment building,   YES or NO   (delete one)
    • inside a storm door of a residence, (check both front side & back doors) etc.  YES or NO  (delete one)
      (to most carriers this means the package will fit between the outside door and the inside main door so it is hidden from view - your view too)
    • ---- this is not mentioned in the regulation but often carriers leave packages with neighbors / or your good-neighbor is protection it for you
      the good-neighbor is our most frequently discovered --- mystery delivery location ---  YES or NO  (delete one)
      often neighbors see your package and don't want someone else to take it so they keep it for you --- and forget to let you know ---
  9. If all else fails we will need you to tell us more and send us some pictures
  10. do you usually get your mail in a NDCBU = Neighborhood Delivery Central Box Unit?    YES or NO   (delete one)  
    please take a picture of it for us
  11. do you usually get your mail in your own personal mail box at your address -  YES or NO  (delete one) - please end a picture 
    is your personal mail box  locked? - LOCKED  or NO - open to the public
  12. please take & send us pictures of your front door, side door, and house or apartment sot show you have no "Protected" -- potential delivery locations

Here is the situation:
  • USPS has entered into a contract - (there was an Offer, an Acceptance and a Consideration)
  • USPS has procedures that must be followed when it comes to delivering a package (listed below)
  • when USPS says they have delivered a package - thy say they have completed their contract
  • however if they do NOT follow their own delivery procedures - when delivering
    - their own procedures imply that they are liable (322.311-b)
  • for a party to be negligent there are 4 parts to consider
    1. duty owed - they owe you the duty of following their own delivery procedures (leave package in a secure location)
    2. breach of duty - they did not follow their own delivery procedures (package not left in in a secure location)
    3. damages - your parcel is missing or stolen
    4. proximate (immediate) cause - their breach of duty (failure to follow their own procedures) caused the loss of your package
  • - now the post office will say "you don't have any insurance" -
    • that's right - insurance covers "lost in the system or lost in transit"
    • insurance does not cover "damage from improper delivery or stolen after being improperly delivered"
  • so if they say your package was delivered - but they did not follow their own procedures for delivery (for example leaving your package when there was no "secure place" to leave it instead of leaving form 3849) they they become liable.
  • 322.311-b says
    • Carriers are not liable for loss or theft where these instructions and postal regulations are followed.
    • this implies Carriers are  liable for loss or theft where these instructions and postal regulations are NOT followed
    • -
    • The form above is designed as an aid to show the post office inspectors where these instructions and postal regulations are NOT followed or could not have been followed. (Carrier left package when there was no secure location as required. and when the Carrier Was NOT  Authorized to Leave Ordinary Parcels 322.331)
  • so here is your check list to show that your Parcels was be left in an unprotected location
    • does USPS say they delivered your parcel?  Yes or NO
    • did you get your parcel? Yes or NO
    • did you authorize the carrier to leave you parcel (see 322.331) Yes or NO
    • is there a protected location where your parcel could have been placed (see 322.331)?  
      • do you have a secure or hidden place, doorman, or neighbor who could have your parcel   Yes or NO
      • would the parcel fit into your regular mail box or slot in your door   Yes or NO
      • is there an NDCBU  (Neighborhood Delivery Central Box Unit) available   Yes or NO
      • do you have any other screen doors or other locations where the carrier could leave your parcel Yes or NO
    • with all of the other possibilities eliminated - the carrier obviously acted in a negligent fashion  by leaving your parcel in an insecure location - so USPS is liable.

 

here is how you handle the situation: On Line Claims   All Claims must be filed within 60 days of the date of mailing.

  1. Email us so we know about the problem
  2. copy our above Form into an Email and send them to us
    - deleting the YES or NO that does not apply to each question.
  3. We will Fill out this claim form Claim Form on your behalf  using the  On Line Claims form USPS provides
  4.  You need to report the theft to the Postal Inspector at Report the the Theft Copy & paste the above information into their form on their page
  5.  If you need to report additional theft information to the Postal Inspector use  Report the additional information

-----------------------------------------------------------------------------------------

Here is a copy of the USPS regulations we used to develop the above form.

Here is the mail delivery USPS Procedures for delivering Parcels

NDCBU = Neighborhood Delivery Centeral Box Unit
SPR = small parcels
Parcel = Everything that is in a package


522.3 Parcel Post
322.31 Load parcel post directly into the vehicle from hampers or sacks. Normally
            separate the parcels in delivery sequence. Make a mental note of the first
            parcel delivery point. When this parcel has been delivered, make mental note
            of the next, and so on, until all parcels have been delivered. For any parcel
            that does not fit into the customer's mailbox or parcel locker (when available),
            an attempt to deliver must be made at the customer's door. If no one is
            available to receive the parcel, follow the procedures in 322.311 and 322.312.
322.311 When the Carrier Is Authorized to Leave Ordinary Parcels
            a. Parcels must not be left in an unprotected location such as a porch
                unless the mailer participates in the carrier release program by
                endorsing the package "Carrier-Leave If No Response" or the
                addressee has given written directions for an alternate delivery location.
                Examples of protected locations are are a locked vestibule, locked hallway
                or with the doorman of an apartment building , inside a storm door of a.
                residence, etc. Form 3849, Delivery Notice/Reminder/Receipt, with the
                "It Is located:_____" block completed must be left in the mail
                receptacle notifying the addressee of the mail left in the authorized
                alternate location. Parcels must not be left where adverse weather can
                affect them.
         b. By following the mailer's or addressee's instructions, the Postal Service
                provides customers with a more convenient way to receive parcels.
                Carriers are not liable for loss or theft where these instructions and
                postal regulations are followed.
         c. Mailers who participate in the carrier release program understand that
                there are areas where the Postal Service will not leave parcels for
                security reasons. Mailers also understand that carriers do not leave
                packages without protection from inclement weather. If there is not a
                suitable location to leave a carrier release parcel, Form 3849 must be
                left.


322.312 When the Carrier Is Not Authorized to Leave Ordinary Parcels
                a. When someone is usually available to receive parcels. When an
                ordinary or unnumbered insured parcel is not delivered on the first
                attempt and the carrier knows that someone at the address is usually
                available to receive parcels, do not leave Form 3849, Delivery
                Notice/Reminder/Receipt. Write the date and the carrier's initials and
                route number near the address and return the parcel to the office. Place
                the parcel in the gurney at the carrier's case. Attempt a second delivery
                on the next delivery day. If the parcel is not delivered after the second
                attempt, complete and leave Form 3849. Legibly endorse the form with
                the following information:
                   (1) Article number (if applicable)
                   (2) Date ''
                   (3) Sender's name
                   (4) Type of mail
                   (5) Article requiring signature at time of delivery (if applicable)
                   (6) Addressee's name and address
                   (7) Amount due (if applicable)
                   (8) Date and time customer can pick up article at post office.
                b. When someone is not usually available to receive parcels. If no one is
                available to receive the parcel and the carrier knows that someone at
                the address is not usually available to receive parcels, complete and
                leave Form 3849 (see exhibit 322.312b) after the first attempt. When
                the carrier does not know if someone is usually available to receive
                parcels, Form 3849 should be left after the first attempt. Endorse the
                parcel near the address, showing the reason for nondelivery, e.g., "No
                Response", date delivery was attempted, and the carrier's initials and
                route number. Upon returning to the office, deposit the parcel in the
                designated place for undelivered parcels.

322.32 Redelivery of Parcels
                Except as provided in 322.312a, make a second attempt only if requested by
                the addressee. If the redelivery request is made using Form 3849, take the
                form back to the office and Give it to the accountable mail clerk. The carrier
                will receive the parcel from the accountable mail clerk on the day the
                addressee requested redelivery. If delivery is not made on the second
                attempt and the addressee did not authorize the parcel to be left, leave Form
                3849, with the Final Notice block checked. Endorse the parcel to show a final
                notice was left and return the parcel to the designated place for holding
                undelivered parcels.