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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 12:11 pm Post subject: Help to find a Lawyer in Las Vegas area. |
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I bought some parts from a samba member and he shipped it with FedEx and Fedex lost the shipment. Even the law is clear about this issue that he has to pay me the money back because the shipper is 100% responsible for the delivery part, he is not willing to give me the money back and keeps actually calling me names and harassing me. I need to get this over to a law firm in the Vegas area. Anyone know a good firm to take on small stuff under $1k ? |
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danfromsyr Samba Member
Joined: March 01, 2004 Posts: 15130 Location: Syracuse, NY
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Posted: Tue Mar 30, 2021 12:13 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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_________________
Abscate wrote: |
These are the reasons we have words like “wanker” |
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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 12:14 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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danfromsyr wrote: |
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That is funny in a not so funny situation ... |
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valvecovergasket Samba Member
Joined: October 10, 2018 Posts: 1491 Location: pnw
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Posted: Tue Mar 30, 2021 12:15 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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danfromsyr wrote: |
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x2
_________________ MegaSquirt resource - SpitfireEFI.com
gone, but not forgotten: '83 tdi westy - swap thread |
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happy2CU Samba Member
Joined: October 06, 2018 Posts: 52 Location: france
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Posted: Tue Mar 30, 2021 12:18 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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that sucks but it sound like legal fee would be costing more than the actual stuff that was lost. sorry. |
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joetiger Samba Member
Joined: January 27, 2005 Posts: 5068 Location: denver
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Posted: Tue Mar 30, 2021 12:29 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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Uh oh, Vegas area...Couldn't be Vic, could it?
https://www.thesamba.com/vw/forum/viewtopic.php?t=...p;start=80 _________________ Joe T.
'86 NAHT Vanagon GL Syncro/ supercharged ABA 2.0 "Pigpen"
'04 GTI 1.8T
'04 Golf R32
"get metaphysical with it. if it's simply a means to get to and from places, it will let you down. if it becomes your zen, it can't fail you." -dabaron
"Still, it's good to be afield."--VWagabond
Available Now! Vanagon to Louisiana--A Two-Lane Reckoning Through Past and Present
www.josephtrussell.com |
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Zeitgeist 13 Samba Member
Joined: March 05, 2009 Posts: 12103 Location: Port Manteau
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Posted: Tue Mar 30, 2021 12:35 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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I'd be willing to call you names for way less than $1k |
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jayinduluth Samba Member
Joined: August 16, 2012 Posts: 122 Location: Southern California via Duluth, MN
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11BC2 Samba Member
Joined: August 27, 2017 Posts: 494 Location: Cool, California
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Posted: Tue Mar 30, 2021 12:47 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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mreuter wrote: |
I bought some parts from a samba member and he shipped it with FedEx and Fedex lost the shipment. Even the law is clear about this issue that he has to pay me the money back because the shipper is 100% responsible for the delivery part, he is not willing to give me the money back and keeps actually calling me names and harassing me. I need to get this over to a law firm in the Vegas area. Anyone know a good firm to take on small stuff under $1k ? |
How did you pay for said part(s)? |
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Steve M. Samba Member
Joined: July 30, 2013 Posts: 6798 Location: Fort Lauderdale, Fl.
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Posted: Tue Mar 30, 2021 12:52 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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Small claims court is your option. _________________ This free advice is worth exactly what you paid for it.
There are seven days in a week. Someday is not one of them. |
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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 1:13 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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11BC2 wrote: |
mreuter wrote: |
I bought some parts from a samba member and he shipped it with FedEx and Fedex lost the shipment. Even the law is clear about this issue that he has to pay me the money back because the shipper is 100% responsible for the delivery part, he is not willing to give me the money back and keeps actually calling me names and harassing me. I need to get this over to a law firm in the Vegas area. Anyone know a good firm to take on small stuff under $1k ? |
How did you pay for said part(s)? |
Stupid me 😡 with Vemo . If PayPal or any other way even check or Debit it would be no problem. |
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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 1:14 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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Steve M. wrote: |
Small claims court is your option. |
Do I file in California or Las Vegas where he lives? |
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MarkWard Samba Member
Joined: February 09, 2005 Posts: 17014 Location: Retired South Florida
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Posted: Tue Mar 30, 2021 1:18 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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When I ship something I've sold, there is a base insurance amount included. I believe for an example UPS is $100. I recall the USPS is $50, but I could be wrong about both. Additional insurance is an add-on.
Seems that if the value was more than say $100 insurance could have been added to the shipping cost and that would be on the buyer, since buyer is paying shipping often. Did you discuss insuring the shipment?
If the package was well packed and labeled and some how FedEx lost it, how can you be disappointed with the seller if he did his due diligence? So, the seller should be out the parts he sold and the money? Wow. I may need to reconsider selling vanagon parts on.
Small claims is your only option. It's too bad it didn't work out for both members. _________________ ☮️ |
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djkeev Samba Moderator
Joined: September 30, 2007 Posts: 32433 Location: Reading Pennsylvania
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Posted: Tue Mar 30, 2021 1:48 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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If the seller shipped it,
If FedEx notified you that it was received by them, and is in route
Then it vanished!
Exactly how is this the sellers fault?
I'd be going after FedEx to find it.
During the Christmas season USPS lost two packages, both out of the Denver area.
One was from VanCafe,
One was from an individual.
It wasn't their fault at all!
I ordered another from the individual, he volunteered to take one back if I get two.
VanCafe was compassionate and I reordered the must have item.
Did it suck buying the same thing twice?
Sure did!
But it was just one of life's little curve balls.
Eventually, both boxes showed up.
Long after my replacements were installed.
If there is no proof of it being entered into FedEx's system, sure he's in doubt, go for it. But if he did his due diligence..........
Dave _________________ Stop Dead Photo Links how to post photos
Ghia
http://www.thesamba.com/vw/forum/viewtopic.php?t=392473
Vanagon
http://www.thesamba.com/vw/forum/viewtopic.php?p=6315537#6315537
Beetle
https://www.thesamba.com/vw/forum/viewtopic.php?t=482968&highlight=74+super+vert |
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Glenn Mr. 010
Joined: December 25, 2001 Posts: 76762 Location: Sneaking up behind you
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Posted: Tue Mar 30, 2021 2:08 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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djkeev wrote: |
If the seller shipped it,
If FedEx notified you that it was received by them, and is in route
Then it vanished!
Exactly how is this the sellers fault?
I'd be going after FedEx to find it.
Dave |
Actually the seller needs to file a claim with FedEx. _________________ Glenn
74 Beetle Specs | 74 Beetle Restoration | 2180cc Engine
"You may not get what you pay for, but you always pay for what you get"
Member #1009
#BlueSquare |
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djkeev Samba Moderator
Joined: September 30, 2007 Posts: 32433 Location: Reading Pennsylvania
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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 2:17 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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djkeev wrote: |
If the seller shipped it,
If FedEx notified you that it was received by them, and is in route
Then it vanished!
Exactly how is this the sellers fault?
I'd be going after FedEx to find it.
During the Christmas season USPS lost two packages, both out of the Denver area.
One was from VanCafe,
One was from an individual.
It wasn't their fault at all!
I ordered another from the individual, he volunteered to take one back if I get two.
VanCafe was compassionate and I reordered the must have item.
Did it suck buying the same thing twice?
Sure did!
But it was just one of life's little curve balls.
Eventually, both boxes showed up.
Long after my replacements were installed.
If there is no proof of it being entered into FedEx's system, sure he's in doubt, go for it. But if he did his due diligence..........
Dave |
Because I never received it so it doesn't matter for Fedex. I cannot open a claim with Fedex because it can be only be done by the shipper who is the owner of the package and Fedex has a legal contract with the shipper, not the receiver. Makes sense? |
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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 2:18 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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Glenn wrote: |
djkeev wrote: |
If the seller shipped it,
If FedEx notified you that it was received by them, and is in route
Then it vanished!
Exactly how is this the sellers fault?
I'd be going after FedEx to find it.
Dave |
Actually the seller needs to file a claim with FedEx. |
100% correct. Fedex want even talk to me. They say only the shipper can file and receive reimbursement. |
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Glenn Mr. 010
Joined: December 25, 2001 Posts: 76762 Location: Sneaking up behind you
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Posted: Tue Mar 30, 2021 2:23 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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djkeev wrote: |
Glenn wrote: |
djkeev wrote: |
If the seller shipped it,
If FedEx notified you that it was received by them, and is in route
Then it vanished!
Exactly how is this the sellers fault?
I'd be going after FedEx to find it.
Dave |
Actually the seller needs to file a claim with FedEx. |
Whatever the procedure. The seller did nothing wrong.
Dave |
The seller has the responsibility to file a claim and follow through. Once they get a the insurance money they need to refund to the seller. The seller needs to wait for the process to run.
If the seller refuses to file a claim then the seller should be held liable for the refund.
In February I made a purchase from a Amazon seller. It was sent USPS First Class with a tracking number. After 2 weeks it didn't show up so i contacted the seller and since the tracking had no status in 10 days, they issued me a full refund. 3 weeks later the product showed up at my door. The tracking number showed somehow wound up in Florida which is not between Chicago and New York. I contacted the seller and they provided me a return shipping label.
Another story, I purchase some parts from a online vendor and paid with Paypal. I never received an invoice and they never responded to any emails. I filed a dispute with Paypal. The vendor provided a tracking number that said it was delivered so Paypal closed the case. The tracking showed it was delivered to an address in my town but didn't provide the actual address. I went to the post office and confirmed that the tracking number was was to a different address and my name was not on it. I got back in touch with Paypal and after they investigated it, issued me a full refund.
So to the OP... if the seller is not cooperative and the payment service doesn't have a dispute resolution center... then you are screwed. _________________ Glenn
74 Beetle Specs | 74 Beetle Restoration | 2180cc Engine
"You may not get what you pay for, but you always pay for what you get"
Member #1009
#BlueSquare |
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mreuter Samba Member
Joined: August 26, 2008 Posts: 390 Location: oakland
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Posted: Tue Mar 30, 2021 2:27 pm Post subject: Re: Help to find a Lawyer in Las Vegas area. |
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I am actually surprised how many people don't know about this that the responsibility for shipping is on the seller side. You can google this and many post are about it. This link is for members who ship stuff out and dont know this:
https://www.localsolicitors.com/consumer-guides/co...9sK0f1ZHY0
Last edited by mreuter on Tue Mar 30, 2021 2:30 pm; edited 3 times in total |
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