Been awaiting a decision on a damage claim of $1300 from UPS. Purchased
a VCR from a guy on Ebay. He packed it up and shipped it but used my UPS
account for the freight so I actually paid the shipping of about $50. I
would think that technically also makes me the "shipper" but they say
not.

It was fully insured for the $1300. It arrived with a 4" dent to one
corner like a fork lift had run into it. The plastic chassis is cracked
and the casing and cover badly bent. Since it cannot be repaired to
original condition before the damage (Panasonic does not sell
replacement chassis's...I've already checked with a service company) and
since one can not surmise what else may also fail over time, I filed for
full damages.

UPS has inspected it twice, took pics and after almost 2 months I'm
still waiting for them to make up their minds to pay or not to pay. From
what I've been reading on the net about them and their adjuster they
have a nasty habit of not paying claims. "Insufficient packaging" seems
to be their mantra.

If they stiff me on my claim do I have any recourse to sue them in my
state small claims court? Would I need to serve them at the local depot
or their home office, which I think is in Atlanta (?).

Is their any hope using this method or is it likely the judge, thinking
it is just too complicated for small calims, will toss it out?

George

"G.I.O." <tfg1@mindspring.com> wrote in misc.legal.moderated:

George,

You paid UPS for insured shipping of a $1300 VCR to you. (The
shipper used your UPS account with your permission.) The VCR's
casing was damaged, and the manufacturer does not sell casings. Two
months after you filed your claim, UPS has not offered a settlement.

You ask:If they stiff me on my claim do I have any recourse to sue them in mystate small claims court? Would I need to serve them at the local depotor their home office, which I think is in Atlanta (?).

UPS have a local office in your state, and therefore they can be
sued in your state court for breach of contract. (Their contract was
to deliver your item undamaged, or else to pay the damage.)
Is there any hope using this method or is it likely the judge, thinkingit is just too complicated for small calims, will toss it out?

This is not complicated at all, as legal cases go. It seems like a
typical small claims case to me.

Some further thoughts, on things you didn't ask.

0. I have some question about whether it's you or the seller who
should be filing the claim and possibly bringing suit. Ordinarily it
would be the shipper, but since you paid you have an interest even
though you weren't the shipper.

1. While it might be time to _talk_ about filing suit, IMHO it's a
little early to file. Have you sent UPS a demand letter, briefly
setting forth the damage and demanding $1300 plus the shipping cost,
and setting a reasonable-but-not-too-distant-deadline for payment?
Do that. In any lawsuit, a judge will almost certainly ask whether
you've tried reasonable approaches before filing suit. Filing the
claim is step 1. Sending a follow-up letter is step 2. Make sure to
send it to the proper address where claims are handled; it wouldn't
hurt to get a return receipt.

2. When you do file, be prepared to explain to the judge why you
should get $1300 for a VCR when VCRs regularly sell for $39.95 at
the local Wal-mart. You'll need your bill of sale showing the price;
you'll need to show that the VCR as properly packed; you'll need a
picture of the damage; you'll need to show that Panasonic don't sell
replacement casings; you'll need to explain, unless it's REALLY
obvious, why the VCR is unusable -- in other words, why it's a total
loss and not just cosmetic damage.

3. Some states allow the defendant (UPS in this case) to have the
case transferred to grown-up court. If your state allows that, and
UPS does it, you would have to think very seriously about hiring a
lawyer to argue your case. At least you would want to _visit_ a
lawyer for advice. The problem then is that lawyer fees could eat a
substantial portion of your $1300, maybe even all of it, maybe even
more.

--
If you e-mail me from a fake address, your fingers will drop off.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com

G.I.O. wrote:
If they stiff me on my claim do I have any recourse to sue them in my state small claims court? Would I need to serve them at the local depot or their home office, which I think is in Atlanta (?).

In most states, you can sue the company for failed service in
the district where the service was to be performed -- i.e., where
the delivery would be performed.

Otherwise, you can sue a company in small claims court in the
district where their "agent for legal service" is located. Is their any hope using this method or is it likely the judge, thinking it is just too complicated for small calims, will toss it out?

I see no chance of it being thrown out, provided you select
the correct small claims court, unless (1) a corporation
may not be SUED in small claims court in your state;
(2) UPS chooses to remove the case to a regular state
court; or (3) UPS has grounds to and chooses to remove
the case to Federal court. If UPS were to claim that
the damage occured before shipping, and the seller
was in another state, there might be grounds to
remove the case to Federal court.

--
This account is subject to a persistent MS Blaster and SWEN attack.
I think I've got the problem resolved, but, if you E-mail me
and it bounces, a second try might work.
However, please reply in newsgroup.

In article <hoq1o0pfbae9v6dpg85bjmjg6prv90p2pr@4ax.com>,
G.I.O. <tfg1@mindspring.com> wrote:
If they stiff me on my claim do I have any recourse to sue them in mystate small claims court?

You should, if they do business in your state.
Would I need to serve them at the local depotor their home office, which I think is in Atlanta (?).

The manager of your home office is likely somebody who can be served.
A random employee probably is not.
Is their any hope using this method or is it likely the judge, thinkingit is just too complicated for small calims, will toss it out?

What's so complicated about "They broke my stuff and I want them to
pay for it"?

Seth

G.I.O. wrote:
[wonders is UPS, with HQ in GA, can be sued in another state]
..
Yes, you can sue UPS or any company doing business in your state. You
file the suit and then serve its' registered agent. If your small claims
court has a court clinic, they'll look up the agent and tell you how to
serve. Most small claims courts will at least tell you how to sue and
serve. Your Secretary of State can tell you who the registered agent for
UPS (or any corporation doing business in your state) is.
Is their any hope using this method or is it likely the judge, thinking it is just too complicated for small calims, will toss it out?
I don't find your case so complex that it's hopeless to explain to a
judge. I can't say who will win if you do sue, but I'd not suggest you
not sue due to your perception of complexity.

-paul
ianal

Stan Brown wrote:
3. Some states allow the defendant (UPS in this case) to have the case transferred to grown-up court.

Stan:

if the case is removed to another court, am I then forced to continue. That
is, can I
chose to cancel and take my loss?

George

G.I.O. wrote: Stan Brown wrote:3. Some states allow the defendant (UPS in this case) to have thecase transferred to grown-up court. Stan: if the case is removed to another court, am I then forced to continue. That is, can I chose to cancel and take my loss?
Yes, unless they file a countersuit.

-paul (not Stan)

[cc'd to previous poster; follow-ups in newsgroup suggested]

"G.I.O." <tfg1@mindspring.com> wrote in misc.legal.moderated:Stan Brown wrote: 3. Some states allow the defendant (UPS in this case) to have the case transferred to grown-up court.if the case is removed to another court, am I then forced to continue. Thatis, can I chose to cancel and take my loss?

If you are the plaintiff (the party asking for money), you can
always choose to drop the suit and take your loss. You may be on the
hook for some minor court fees, but you won't have to pay the other
side's attorney.

It's sometimes possible, however, to negotiate a settlement for
_something_, where neither party admits the other one is right but
the defendant pays the plaintiff something in exchange for dropping
the suit. Of course, that's harder if you don't have a lawyer....

--
If you e-mail me from a fake address, your fingers will drop off.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com