What to do?

[Hunter399]

I sold a blinder laser jammer to a guy in new york

he never requested insurance or ANYTHING like that

Fedex lost the package, and now he wants his money back

He went as far as filing a lawsuit in the new york court for 400 dollars

he says I have untill this Thursday to appear in court


This is completely insaine


What do I do?

[just4kickz]

i dont think applies huh.... thats pretty shady... e90post roadtrip to NY to kick his ass...

[Hunter399]

lol

[Bimmerista]

File in Court your story and proof of shipment - you sold and shipped, your terms are that your delivery obligations cease when product shipped.

You should win based on that - I say should bcs one never knows in small claims court...

[Hunter399]

Hunter,

You can tell that to the Judge, and if you’re a minor than your parents would be responsible for your actions, which mean they would have to come up as well. This is where you learn to Cover Your Ass and Never Assume anything in regards to the signature. You have two choices

A) Reimburse me for the amount or
B) Explain what you just told me to the Judge

You have by 5:00pm on Thursday February 8th, 1007 to let me know what you want to do. Once I have these papers sent to the sheriff’s department, you will have to appear in court. If that happens, one of two things will happen.

A) You’ll win the case, but you’ll still have to appear in court with your parents in NYC and you’ll only have travel expenses or
B) You’ll lose the case, and you’ll be liable for the full amount plus your travel expenses

I have already filed the paperwork, which means I’m ready to go all the way. The choice is yours.

~R

[18LLC]

Originally Posted by hunter399

I sold a blinder laser jammer to a guy in new york

he never requested insurance or ANYTHING like that

Fedex lost the package, and now he wants his money back

He went as far as filing a lawsuit in the new york court for 400 dollars

he says I have untill this Thursday to appear in court


This is complete insaine


Whatt do I do?

$400? it must be small claim court. If that's small claim court, it must be appear in your area. Which means he have to fly to tx to claim his $400 bucks?

screen shot the fedex page and send it to him. tell him you are doing what you should do in your end, just need time to talk to fedex, and ask for his understanding. If he doesn't want to do it this way, let him come over, the worse case is you loss $400 in court. Since small claim court doesn't need lawyer, so you don't have to pay for that part. I believe fedex will cover at least some of your loss.

[Hunter399]

Originally Posted by Bimmerista

File in Court your story and proof of shipment - you sold and shipped, your terms are that your delivery obligations cease when product shipped.

You should win based on that - I say should bcs one never knows in small claims court...

I know, but how do i file without going to NYC?

[The flying Dutchman]

Relax, go in court and behave to the judge.
If you have proof of shipping (i hope you have?) you have nothing te fear.

Doesn't have the shipper a standard insurance?

Good luck

[Hunter399]

I live in Houston, NYC is far away

[Bimmerista]

Originally Posted by hunter399

I know, but how do i file without going to NYC?

You need to be served with the papers - you can actually ask your unsatisfied customer for them.

Then you will have the info on the court (where, district-address). You can prepare a written statement notarized and supporting documents and send them by messenger in court. In essence you will make your case in writing rather than go in person.

[18LLC]

He suit you, he needs to go to tx, not you going to nyc.

[DFW_M]

I think we need to ask mrsilver about this...

[just4kickz]

e90post lawyer... where art thou?

[Ghunger]

Originally Posted by Bimmerista

You need to be served with the papers - you can actually ask your unsatisfied customer for them.

Then you will have the info on the court (where, district-address). You can prepare a written statement notarized and supporting documents and send them by messenger in court. In essence you will make your case in writing rather than go in person.

+1

To add, have you been served at all yet? In Washington you must be served the papers and he can't do that himself. Calling or email doesn't count. You must recieve the actual papers. NY may be similar. Like bimmerista said, The papers he sends you when he serves you should have all the info you need.

[Hunter399]

To tell you the truth, I think all the things hes been sending me are fake

I will post them when I get home

[darkcloud]

He can't just mail you the papers Hunter. I serve process here in Ohio and most states are pretty much the same more or less. The documents would have to be sent to a process server in Houston which he would then have to attempt service on you. Once you're served you shouldn't technically have to appear in NYC court. You can call the courts and arrange where your documentation of shipping verification and all notes regarding the matter needs to be sent.

Cliffs; Don't do shit untill you have legal documents in your hands. He could in the end be bluffing trying to get you do send back the money, even though he fucked up not requestion shipping insurance. At most you MAY have to give a verbal deposition over the phone. They won't make you come all the way to NYC over $400.

[nmulax]

Has Fed-Ex admitted to losing the package, or did he just say they lost it?

If it's the second, he may just be trying to scam you.

via the NY courts website:
"after your claim is filed, the Small Claims Court clerk will serve a notice of your claim by sending it to the defendant. The notice of claim tells the defendant when to appear in Small Claims Court, and includes a brief statement of your claim and the amount of money requested.
The notice of your claim will be sent to the defendant by certified mail and by ordinary first class mail. If the notice sent by ordinary first class mail is not returned by the post office within 21 days as undeliverable, the defendant is presumed to have received notice of your claim, even if the notice of claim sent by certified mail has not been delivered."

Basically don't do a thing till you hear from the courts.

[Bimmerista]

Originally Posted by darkcloud

He can't just mail you the papers Hunter. I serve process here in Ohio and most states are pretty much the same more or less. The documents would have to be sent to a process server in Houston which he would then have to attempt service on you. Once you're served you shouldn't technically have to appear in NYC court. You can call the courts and arrange where your documentation of shipping verification and all notes regarding the matter needs to be sent.

Cliffs; Don't do shit untill you have legal documents in your hands. He could in the end be bluffing trying to get you do send back the money, even though he fucked up not requestion shipping insurance. At most you MAY have to give a verbal deposition over the phone. They won't make you come all the way to NYC over $400.

Aha, listen to this man.

[BMW F22]

I say you should just fly to NYC, counter-sue his ass and make a vacation out of it.

[18LLC]

according to small claims court home page:

"What if I don't have a contract, but the defendant owes me money?
File your case in the county where the defendant lived or where the defendant's business was located when you made the agreement. You can also file where the defendant lives or where the defendant's business is located now.

If you know the right court to use, click here for help filling out your forms."

isn't that means he needs to go to tx, not hunter go to nyc?

[nmulax]

Originally Posted by 18LLC

according to small claims court home page:

"What if I don't have a contract, but the defendant owes me money?
File your case in the county where the defendant lived or where the defendant's business was located when you made the agreement. You can also file where the defendant lives or where the defendant's business is located now.

If you know the right court to use, click here for help filling out your forms."

isn't that means he needs to go to tx, not hunter go to nyc?

correct

[Hunter399]

I sent it to my dad, and he sent it to his lawyer, i cant wait to hear what he has to say

hah