Quote:
Originally Posted by Unobtanium-inc
I have a question, since you are on opposite ends of the country, where will you sue him? In his county in PA, which means you hire an attorney to represent you or you fly in and represent yourself, both options are far from cheap. Or will you sue him where you live and expect him to fly in to represent himself? Doubtful.
People always say they will sue, but never think of how in fact you actually sue people, and where, etc. There is no court in the cloud, where everyone skypes in and represents themselves. Usually you or a representative have to be in an actual court with an actual judge. And then if the guy doesn't show up, you then have to figure out how to collect a judgement from someone in another state. Do you hire a collection agency? Get involved yourself? Is the judgement against a person, or a business, or both? Do you know where his bank account is? Not to mention if you file suit today, it might be a year before you get before a judge, do you want to prolong this for years if necessary?
Bottom line, suing someone over anything less than hundreds of thousands is incredibly complicated and expensive, your best bet is always to just try and work something out with them quickly, while they are still being cooperative, which in the case of your situation is still the case. Work it out, get what you can, and move on, learning from the experience. If you plan to stay in this business you will learn some hard lessons, I know I have, the trick it to learn from them so history does not repeat itself.
Good luck.
---Adam
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AMEN. Anyone who has ever hired a lawyer or sued someone knows the reality of this. I have judgements >$100k against people... which I know I will never see.
Lawyers, are expensive. Not passing judgement on hourly rates, just noting facts. Recently hired a lawyer to review an employment contract. retainer was $5k. Talked on the phone a couple times for 15 minutes, met for 2 hours. Bill was about $3k.
Hiring an attorney to represent you for this will be >10k in legal costs, and small claims limit is 10k from what was written.
Sender did an inadequate job protecting the motor...
When I ship motor parts I assume they will be dropped from at least a 5 ft height, and need to be protected appropriately.
Regarding fedex, they also make it a point to tell you that what they sell you is NOT insurance, but freight coverage. I have no idea what that means. They charge the same others do for insurance...
I can tell you, whenever I ship something and insure for >$1000 dollars they open the box and verify appropriate packing before insuring. They may have looked at the way the motor was palleted, and declined to insure it.