Don’t You Love UPS

[ajcampen]

I am facing the behemoth UPS in small claims court today

I shipped a carton of books to B&N and the destroyed it and damaged the books. They denied the insurance claim so I said I’ll see you in small claims court. My first time as a plaintiff. See one of my package pics below. I’ll let you know if I win. I don’t think they will show up.

[Big Block Power]

I saw this same thing on our local news. They have so many loop holes with insurance coverage it's terrible. Do you have before and after pictures of the items.good luck AJ.
Can't wait to hear the Outcome.

[cmattj]

Considering they offer it during the transaction it seems ridiculous.
I’ve never been asked to open the package to have the contents inspected. Go get em!

Side note...
I need 12 cases of Leinenkugels Summer Shandy in cans. any takers?

[TruckerTim]

Per Federal regs, they have to disclose why they are denying the claim. What did they tell you? Look at this link for Carmak amendment governing interstate transportation, (small parcel is included in the law). Pay close attention to the third para.

"One of the most important features of Carmack is that it does not require the shipper to provide proof of negligence, only that the goods were damaged. This makes the carrier liable for the damage, regardless of how the damage was caused. The shipper is required to make sure that the items being shipped are in good condition when they were picked up by the carrier, that the goods were damaged after they were received and that the amount of damages can be quantified."

Hope you see this before heading to court!

https://www.investopedia.com/terms/c/ca ... ndment.asp

[liquid]

Go get em A!

[akorcovelos]

In for results!

[jhnmdahl]

Small claims courts are designed to level the playing field for problems like this. If you show up better prepared than UPS does and the law is in your favor, your odds of coming out with a favorable ruling are good.

Make sure to bring more than you might need - photos of the packaging, etc., that show you acted reasonably and the problem is theirs. Best of luck!

[AsLan7]

.

Keep us posted ajc.

If it helps, I think I saw your package on this forklift. It may further your case...
.




.

[ajcampen]

Hey guys, sorry for the delay. I’ll give away the ending. I won a default judgement as they didn’t show up. $258 + court cost + interest.

So Feb 02 2018 I shipped 12 books to B&N via UPS. I also bought insurance for the shipment. Well UPS beat the crap out of my package, somehow tore the shipping label off and it ended up in lost and found. I had UPS ship the books back to me after they located it and I shipped another 12 books to B&N to fulfill my P.O. I filled a claim and those dicks at UPS did the whole deny deny deny thing. It pissed me off that they wouldn’t honor their insurance and sent me a form letter that didn’t apply to book shipments to deny me. I said ok well I’ll take you to small claims court and after being lazy I finally filled in Dec I filed.

Skip to today and I got in front of a judge and proved my case.

The strangest part I didn’t expect was having to prove that UPS was served properly. So I had to show them I figured out who their statutory agent was on the sec of state website for Ohio and that ai sent it to ups via that agent correctly. That was actually the biggest thing I learned was how to serve.

So now I have to learn how to collect. I plan to send the statutory agent the judgment and get paid. Otherwise I’ll have to figure out which UPS store is not a franchise and fuel a motion that will send the sheriff the to literally take it from the cash register. Good thing the court gave me a pamphlet on that

Thanks for the support

[cmattj]

Such a great ending , and a well deserved congratulations for going after it.
Yes I imagine they bank on people writing it off.

The Van Sweringen brother would be proud!
.
https://en.m.wikipedia.org/wiki/Van_Sweringen_brothers

[Big Block Power]

Congrats man

[AsLan7]

Thanks for the update AJC. Nice job pursuing this and the info on serving as well.

[sailor55330]

Good for you. I am a long time non-fan of UPS. They never deliver when they say and yes, the damage thing is crazy. I heard one year at Christmas that they had to replace over $3m in Xbox from shipping damage. I ave personally seen the damage—/it’s really amazing what damage can be dealt

[liquid]

Small claims courts are designed to level the playing field for problems like this. If you show up better prepared than UPS does and the law is in your favor, your odds of coming out with a favorable ruling are good.

Make sure to bring more than you might need - photos of the packaging, etc., that show you acted reasonably and the problem is theirs. Best of luck!

Someone's attorney is showing.

Congrats AJ!

[shrfdeputy]

Congrats on taking on the "big guys" and winning. Small claims court can be intimidating, but you did your homework and were prepared.

My fiance had a guy sue her last year over a bogus lease he said she signed 6 years ago. She was a single mother working third shift who moved in with her aunt so there would be someone around when her son was sleeping. Her aunt and aunt's brother immediately started stealing from her and doing other weird things. She moved out and got her own apartment a month later.

He sued her and said she defaulted on a "lease", and he owed her $3k. My fiance educated herself, pulled tons of documentation, and then found a law saying the guy only had so long to sue her (statute of limitations). She was fully prepared to whoop him in court, but she mailed in a motion to dismiss based on the statute of limitations the week before. The clerk said no one EVER did that. The judge read the motion and dismissed the case before this idiot had a chance to even make his bogus case.

The point is to be prepared, and you obviously were. Great job.