UPS damage update...

superbrett

This is how my day has gone do far...it's a classic.

Some of you remember my expericene with the SVS I sold to some chic in Nebraska....

Here'e the link http://clubpolk.polkaudio.com/forum/showthread.php?s=&threadid=21730&highlight=ups+damage

Anyway, I got UPS to settle for the damages to the tune of $49. The cost of a replacement base.
I explained this to "mrs. ****" and told her I would order a new base from SVS and have it sent to her directly. WHEN I got my check from UPS...fair I thought. But I guess not the case....just a few seonds ago, the local dective stopped by, and served me papers for small claims court.....in NEBRASKA! "Mrs **** is sueing me for $49.51!!!
So if I don't want to drive all the way to Omaha, and appear in court, I'll have to pay the 49.51 by Oct. 29th.....what the hell...
She just basically got me by the balls...
The base is on it's way to her as we speak, but she blueballed me, knowing full well it would be impossiable to appear in court and prove that...
So...she's getting a base and $50 for all my misfortune!

AHHHHHH!

Shizelbs

Serve her with papers and then don't show up. Eye for an eye.

superbrett

Serve her papers for what?
Then she could turn around and say I was herrassing her and I'd have to go to big-boy court...

It's just ridiculious how some people can get away with things like this....
It maybe took her 2 mins. to fill out the paperwork for 50/

RuSsMaN

Pay the $50 and move on down the road.

I'll chip in $10 towards it, somethings aren't worth the headache, right or wrong.

Cheers,
Russ

exalted512

wow...what a ****
people have no morals anymore...
you should call judge judy
-Cody

superbrett

Thanks Russ....but it's not the money...$50 isn't alot or anything...but damn....it's the point.

I can get abit of satisfaction knowning the the karma thing will slide her way sooner or later....

It's just frusterating.

el-brett-o

wallstreet

Call the court. I'm sure they'll be reasonable.

brettw22

Take your invoice for the replacement base, a receipt for the shipment of that base to her, and fax the court in reference to your case number with a letter describing what's been done to resolve the situation. Also include a POD for the base if she already has it.

No judge is going to rule against you with all the above information.

Exactly what are you being sued for......not the dollar amount, but for what reason is listed on the papers?

trubluluc

My lady's Dad is a superior court judge.
You shouldn't fax the reciept, write a letter explaining the whole situation, keep it short and to the point.
Send a copy of the receipt and explain that she knew about, and agreed to accept the base.
And explain why a trip to Nebraska is not possible. Avoid any name calling,
Have the names of people you've dealt with on deals as references.
Mail the letter registered mail.

In other words give it your best shot.

And if there's any reasonability in the court it should go your way.
If not, as Russ said, some times you just walk away, though shaking your head.

-Luc

brettw22

I'd almost make the trip to Nebraska just to show up and face the ****......hand her a check for the sub, and yank that thing outta her hands and tell her to look elsewhere for a deal........idiot.

ohskigod

she paid for service of a document on a 50.00 small claims court case? (supposed) something smells way fishy here. small claims court notification in jersey, if i'm not mistaken, is done certified mail. I'd love to see the document out of curiosity. also, are you near nebraska? worse case scenario is (if you dont pay) you have a 50.00 judgement on record (big whoop). she would a) have to get the judgement enforceable in your state (this is not easy) b) then, even when she does, she would somehow have to levy your assets in your state (again, not easy). worse worse worse case scenario, your bank sends you a letter stating 50.00 of your funds are being held due to levy. keep in mind that this is only if she can find where you are keeping your money.

call me kooky, but i wouldnt do a damn thing.

does the "document" you were served with have a court date? docket number and such? again, i just cant see law enforcement in your area that would serve supoena's go through the trouble of serving a nebraska small claims court document.

ohskigod

another thought. did you id the "local detective" i.e. what agency, name, rank, and contact information? i know it seems like i'm rambling, but this story is just not making sence, i smell a rat.

is he law enforcement, say, the sherrif's dept (county sherrifs serve supeona's and court docs in NJ) or is this a private investigator type.

danger boy

sometimes if not paid.. these "small" things have a way of coming back and biting you in the **** years down the road.

ie: like when you're trying to purchase your first home.. and WHAM! this "thing" is hanging over your head and the finance company won't approve your loan because of something that took place 8 years before.

I would make a trip to her house and yank that SVS out of her possion. Call child welfare.. she's not fit to own such a subwoofer.

To bad you can't sue her for being a Beeatch! you'd make millions on it.

scottnbnj

fwiw, folks that pull this stuff don't come up with it out of thin air. she has a track record in her home town. i'll bet they know her down at the courthouse. may be it works to your advantage, maybe it doesn't.

)

superbrett

I called the Clerk of the Court up in Nebraska today.

It's all legit, I'm expectied in the courtroom @ 10am on the 29th of Oct. I TRIED to explain to her how I could resolve this from home w/faxes, and TRIED to explain how retarded this all is.
....I think she must have been related to "Mrs. ****" or something....she was very rude, and told me if I couldn't handle my personal matters, this is what would happen...
I was about to flip on the old cow.....so I just hung up.

If I want to just pay the 49.51 to the plantiff directly, I can avoid court.....BUT....not until the plaintiff decides to go down to the courthouse and cancell the charges...

It's all just a frikkin circus...

phoneisbusy

Damn, sorry to hear about this. I could only imagine what woulda happened if you sold your bike to her.

Hope it works out for you.

Dave

superbrett

lol....no girl is touching my bike!!

dave shepard

Originally posted by danger boy
sometimes if not paid.. these "small" things have a way of coming back and biting you in the **** years down the road.

ie: like when you're trying to purchase your first home.. and WHAM! this "thing" is hanging over your head and the finance company won't approve your loan because of something that took place 8 years before.

Good point, some loans ask if you have ever or still have any judgements pending and when they find your name on the list you will get a resounding "NO", it can be for something as small as getting your hunting lic., buying a gun or some other purchases that require you fill out a back ground check.
Sorry to hear your in this situation, but I think that I would send her $1.00 payment twards the $50 you owe her and if she cashes it the payments have been accepted and established.

Good Luck
Dave

ohskigod

not for nothing, but how far away are you from nebraska? are you in the next state, or across the country? if your only in the next state, then i can see why they would expect you to show, but if you're across the country, than obviously would be considerred a hardship.


also, did you file an answer to the complaint to the court. your suppossed to get notification of the charges first, then you file an "answer" this is what a judge would look at to determine if the charges are even valid. obviously, in your answer, you would provide all of the information regarding UPS.

danger boy

what is her problem any ways?

she's getting the sub repaired.. plus you still giving here $50 what more does she want? your first born?

How totally rude she is for treating you like this. I hope this little charade of hers costs here lots more in attorneys fees.. i sure hope it was worth it on her behalf to drag this small claim to court.

Call her attorney. and say you want gas money.. $4 per mile should be about right.

PolknPepsi

Earlier today just for this reason I thought it would probably NOT be smart to buy a sub online unless it was purchased from a large company.......
............................................sorry to hear (read) about your problems.

........................:(

I have seen ups guys kick and throw boxes like a soccer and baseball players. Then if all I did was lift boxes all day for a living maybe I would not be to careful sometimes.