Sunday, April 04, 2010

United States Postal Service - Second Only to God?...

The below was readily found online using Google in doing some research regarding the insurance claim we filed with the USPS -



Can You Sue the US Post Office in Small Claims

My question involves small claims court in the state of: California

I had a package insured for $130.00 (a porcelain toilet, no less) delivered destroyed by the US Postal Service. So far I have four trips to the post office (hauling around a broken, 40 lb toilet bowl) trying just to FILE my claim for the insurance. On each trip I'm told there is some new reason why they cannot accept my claim. Searching online it becomes pretty clear that this is a tactic used by USPS to erode the resolve of the claimant to the point where they just give up. From the very first contact, it was pretty clear that USPS has no intention of honoring the insurance they were only to happy to sell when the parcel was mailed. I think it is called "bad faith". Can one sue the USPS in small claims court? If so, whom do you serve?



Re: Can You Sue the US Post Office in Small Claims


No, you cannot sue the USPS in small claims. The Post Office, being an agency of the Federal government, cannot be sued at the state level.

You would first need to serve the USPS a Federal Claim for Damages (you have two years to do so). If the claim is denied, you would then need to file suit in Federal court.

It's pricey and headachey and cannot be done properly without counsel versed in arguing at the Federal level.


Original posting can be found at:

http://www.expertlaw.com/forums/showthread.php?t=63723

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