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#1
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<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.
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#2
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<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MosportGreen66</div><div class="ubbcode-body">
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> Not everyone that goes to small claims is a broke liar deadbeat person. Sometimes thats the only avenue an honest person has to make a stand against the broke lying deadbeats.
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Day 2 is Life. |
#3
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When I shipped a BE 12 bolt a few years ago the buyer had it set up with UPS freight. The bill of lading clearly stated the UPS terminal in Texas for pickup, the skid was well wrapped and labeled. It was insured for $ 7,500 at the time. It was lost for 4 weeks or so, UPS had no answers as to where it was. It finally was delivered (attempted anyway) to the PO box address of the customer. UPS had lost the original bill of lading and they made their own new copy of the bill of lading showing freight prepaid with a new pro #. It took months to straighten that out since UPS was trying to collect from me and the customer with 2 different pro #s. At least the customer finally received the BE. I don't know who you can trust shipping anything of value anymore.
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#4
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<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. |
#5
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<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 "last resort"--I'm trying to resolve this amicably if at all possible. |
#6
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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" 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. |
#7
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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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#8
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<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 "<span style="font-style: italic">Trial De Novo</span>" 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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Howard Growing old is a certainty, growing up isn't |
#9
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I ordered a windshield for my 66 from Classical Glass(nice people BTW). This young guy shows up in a rental van and backs up to one of my bay doors. By the time I get off the phone to open the bay door, he's throwing the box end over end through the customer entrance. I grab it, give him a stare, and say "do you know what's in this box?". He just looks at me and shrugs (of course it's written "fragile Glass" all over the box). As I point out the writing, he just stares at me. I tell him "you are going to stand right there while I check this box to see if the glass is broken" (it wasn't). I walked to my toolchest to grab a utility knife, as soon as I had turned around the kid made a beeline for the van. He was pulling out before I even could cut the box.....
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WOT |
#10
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A FedEx driver slid on ice, took out my mailbox and burried the truck in my front yard. The local police came and did a report. The FedEx supervisor called me and told me all damages would be repaired including the lawn damage. That was last winter and no one ever called again even after several attempts to get their attention. I now use USPS no matter what it costs.
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