Opening someone else’s mail without permission isn’t just rude—it could be a federal crime. If you’ve ever wondered, “Can you sue someone for opening your mail?”, the answer is yes, in certain situations. But you also have other legal options that might be more effective, especially when dealing with repeated mail tampering or identity theft.
In this guide, you’ll learn:
- What the law says about mail tampering
- When it’s a crime
- When you can sue
- What steps you should take if someone opens your mail
Is It Illegal to Open Someone Else’s Mail?
Yes. In the United States, opening mail that’s not addressed to you without permission is against the law. Federal law clearly protects your mail—and the privacy that comes with it.
The main law that applies is 18 U.S. Code § 1702, which makes it a federal offense to:
- Open someone else’s mail
- Take or destroy mail before it is delivered
- Intentionally delay or hide correspondence
Violating this law can result in fines and up to five years in federal prison.
What If It Was an Accident?
Mistakes happen. Maybe you opened a letter at home thinking it was yours, only to realize it was addressed to your roommate or neighbor.
If you genuinely didn’t notice who it was for and had no bad intentions, you likely didn’t break the law.
But here’s the key: what you do after realizing the mistake matters.
Right Way to Handle It:
- Seal it back (if possible) and write “Wrong Address” or “Return to Sender”
- Drop it back in the nearest USPS mailbox
- Inform the person it was meant for, if appropriate
Wrong Thing to Do:
- Throw it away
- Hide it
- Use the information inside for personal benefit
Doing any of the above can land you in legal trouble—even if the opening was accidental.
Can You Sue Someone for Opening Your Mail?
Yes, you can sue someone for opening your mail. However, whether you’ll win the case depends on the damage you can prove and the intent behind their actions.
There are two main legal paths:
- Criminal Action (handled by law enforcement)
- Civil Lawsuit (you personally sue for damages)
Let’s break them down.
Criminal Action: When to Report to Authorities
If someone opens your mail with bad intent—especially repeatedly—it may be better to report them as a criminal offense than to sue right away.
Here’s what you should do:
Step 1: Report to the U.S. Postal Inspection Service (USPIS)
This is the law enforcement arm of the United States Postal Service (USPS). They investigate:
- Mail theft
- Mail tampering
- Identity theft involving mail
You can file a report online at www.uspis.gov.
Step 2: File a Police Report
If your mail was opened deliberately or repeatedly, especially in a situation involving:
- Threats
- Harassment
- Stolen packages or checks
—you can also contact local police.
The offender can face federal criminal charges, even if they’re a family member or roommate.
Civil Action: When Can You File a Lawsuit?
If you’ve suffered financial loss, emotional distress, or privacy invasion, you may choose to file a civil lawsuit against the person who opened your mail.
Here are examples of when a lawsuit may make sense:
Identity Theft or Financial Harm
If someone opened your mail and used your personal information—like account numbers or Social Security numbers—you may be eligible to sue for financial damages.
Repeated Mail Tampering
If this is happening over and over, and you’ve warned the person before, a civil suit can help enforce boundaries and seek compensation.
Harassment or Domestic Issues
If an ex-partner, neighbor, or roommate is opening your mail as a form of harassment, a lawsuit (and possibly a restraining order) may be appropriate.
What Can You Sue For?
In a civil case, your lawyer may pursue one or more of the following claims:
Invasion of Privacy
Opening your mail can be considered a violation of your personal privacy, especially if the contents were confidential or sensitive.
Trespass to Chattels
This legal term means someone interfered with your personal property—in this case, your mail.
Intentional Infliction of Emotional Distress
If someone opened your mail maliciously, repeatedly, or as a way to control or harass you, and it caused mental anguish, this claim may apply.
Conversion
This is the civil version of theft—using someone else’s property (your mail) for their own benefit.
What If the Person Is a Roommate or Family Member?
Federal mail laws still apply—even inside your own home. Just because someone shares a mailbox with you doesn’t give them permission to open your mail.
You are protected under the law from:
- Curious roommates
- Jealous partners
- In-laws who overstep
If you live in a shared household and someone keeps opening your mail:
- Speak to them directly (if it’s safe)
- Document every incident
- Report it if it happens again
In some cases, a restraining order or eviction process may be necessary, especially if the behavior is part of a larger pattern of abuse or control.
Should You Hire a Lawyer?
Absolutely—especially if:
- You’re considering a civil lawsuit
- You’ve suffered identity theft or financial harm
- You’re worried about retaliation from the person
- The person lives with or near you
An attorney can help you:
- Gather and preserve evidence
- File the right legal documents
- Represent you in court or settlement talks
- Advise whether suing is your best option
What If the Mail Was Just a Flyer or Junk Mail?
Even if the contents aren’t valuable, opening someone else’s mail without permission is still illegal. The law protects the envelope itself—not just what’s inside.
So yes, even a promotional letter or political flyer is protected by federal law.
Can You Get a Restraining Order?
Yes, you can file for a protective or restraining order if someone is:
- Tampering with your mail repeatedly
- Using it to control, monitor, or intimidate you
- Living with you and violating your privacy
Courts take this seriously—especially when the person has already been warned.
How to Protect Your Mail Going Forward
Whether or not you decide to sue, it’s smart to take steps to protect your mail:
Use a Locking Mailbox
Especially if you live in a shared space or busy area.
Sign Up for USPS Informed Delivery
You’ll get photos of incoming mail—making it easy to notice if anything goes missing.
Change Your Address
If you’re moving or separating from someone, update your address immediately to avoid conflicts.
Keep Records
Document any suspicious activity, including:
- Dates of mail tampering
- Photos of opened envelopes
- Witness statements (if any)
Summary: Can You Sue Someone for Opening Your Mail?
Yes, you can sue someone for opening your mail, especially if you can show they acted intentionally and caused harm. But before you file a lawsuit, it’s important to:
- Document the incident
- Report the crime to the USPS or police
- Talk to a lawyer about your legal options
- Consider civil, criminal, or restraining order options
Opening someone else’s mail without permission is more than just bad manners—it’s a federal offense. And you have the right to take action.
Final Takeaway
Your mail is protected by federal law, and your right to privacy matters. Whether you’re dealing with a nosey neighbor or a malicious ex, you don’t have to tolerate someone invading your personal space. From criminal reports to civil lawsuits, there are clear legal tools you can use.
If you’re unsure what to do next, talk to a legal professional. And remember—yes, you can sue someone for opening your mail.