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Old 03-17-2013, 08:13 PM
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njsteve njsteve is offline
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Default Re: Urgent: Anyone with higher contacts with FedEx?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MosportGreen66</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: VintageMusclecar</div><div class="ubbcode-body">Has anyone tried taking something like this to small claims court?

Even if it didn't pay out monetarily, I certainly wouldn't mind returning the inconvenience... </div></div>\

Eric, don't do that. FedEx will bring a lawyer. Your time will be wasted and better spent in the shop. Small claims is for the lowest of society's bottom feeders. Brokes, deadbeats, and liars. FedEx would use you as a laughing stock. </div></div>

Bad advice. Small claims court enables you to get a judgement against Fedex, since they wont usually show up to defend it. With that judgement you contact the local sheriff in your county and have the judgement served against property owned by Fedex: usually one of their delivery trucks that just happens to be in your town that day. They seize it for you. Fedex then has your full attention and will very quickly attempt to remedy the situation.
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Old 03-17-2013, 08:52 PM
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Default Re: Urgent: Anyone with higher contacts with FedEx?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MosportGreen66</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: VintageMusclecar</div><div class="ubbcode-body">Has anyone tried taking something like this to small claims court?

Even if it didn't pay out monetarily, I certainly wouldn't mind returning the inconvenience... </div></div>\

Eric, don't do that. FedEx will bring a lawyer. Your time will be wasted and better spent in the shop. Small claims is for the lowest of society's bottom feeders. Brokes, deadbeats, and liars. FedEx would use you as a laughing stock. </div></div>

Bad advice. Small claims court enables you to get a judgement against Fedex, since they wont usually show up to defend it. With that judgement you contact the local sheriff in your county and have the judgement served against property owned by Fedex: usually one of their delivery trucks that just happens to be in your town that day. They seize it for you. Fedex then has your full attention and will very quickly attempt to remedy the situation. </div></div>

Just wondering--since I as the shipper had to file the claim with FedEx, should I also be the one to file small claims or should the customer who's carb was lost be the one to file?

FWIW, I'd consider small claims as a &quot;last resort&quot;--I'm trying to resolve this amicably if at all possible.
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Old 03-17-2013, 08:52 PM
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Default Re: Urgent: Anyone with higher contacts with FedEx?

UPS is not any better. Bought a used trunk lid on ebay 65-66 mustang so they are small anyway. I paid the seller extra to really wrap it well-to with mega padding and stryofoam and wood slats- a tank could have run over it and it still came severely dented-the woods slats were 1&quot; thick and 3 of them were broken.

Never did get any money and the ebay seller tried to give me my money back and I refused because he did his job.
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Old 03-17-2013, 09:53 PM
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Default Re: Urgent: Anyone with higher contacts with FedEx?

You would be the one submitting the claim since you contracted for the shipment and paid for the extra insurance, for an item that they lost.
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Old 03-17-2013, 09:59 PM
whitetop whitetop is offline
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Default Re: Urgent: Anyone with higher contacts with FedEx?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body">You would be the one submitting the claim since you contracted for the shipment and paid for the extra insurance, for an item that they lost. </div></div>

I did submit the claim and UPS denied it..the seller felt so bad they wanted to refund my money.that does not happen very often.
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Old 03-18-2013, 12:02 AM
rubbinisracing rubbinisracing is offline
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Default Re: Urgent: Anyone with higher contacts with FedEx?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: njsteve</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MosportGreen66</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: VintageMusclecar</div><div class="ubbcode-body">Has anyone tried taking something like this to small claims court?

Even if it didn't pay out monetarily, I certainly wouldn't mind returning the inconvenience... </div></div>\

Eric, don't do that. FedEx will bring a lawyer. Your time will be wasted and better spent in the shop. Small claims is for the lowest of society's bottom feeders. Brokes, deadbeats, and liars. FedEx would use you as a laughing stock. </div></div>

Bad advice. Small claims court enables you to get a judgement against Fedex, since they wont usually show up to defend it. With that judgement you contact the local sheriff in your county and have the judgement served against property owned by Fedex: usually one of their delivery trucks that just happens to be in your town that day. They seize it for you. Fedex then has your full attention and will very quickly attempt to remedy the situation. </div></div>

I like Steve's advice, but users of small claims court must be aware that any judgment in small claims court or non courts of record can be easily appealed &quot;<span style="font-style: italic">Trial De Novo</span>&quot; by cash bond, appeal bond, or proof of real property ownership. In Texas, those appeals go to County Court where you are not required to have an attorney but your bringing a knife to a gun fight if you aren't represented and the other litigant is. Corporations must be represented by an attorney. Nevertheless, I would file suit in small claims court. I believe you will get their attention; your claim with them will be less expensive and less of a headache than hiring local counsel.
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