Chargeback Need Proof of Delivery

[postingaproblem]

What is the name of your state (only U.S. law)? Illinois

We are a Merchant and recently got a chargeback of $950.00. The initial charge amount was $2570.00. The cardholder claiming missing pieces and not as described. However, $500.00 of the chargeback was purchased at a different day and paid in cash. $450.00 of the disputed amount claiming missing pieces.

The credit card company is now requesting proof of delivery. We contacted third party, who is an LLC corporation, who delivered the goods to the cardholder. We requested a copy of his records that he picked up from our warehouse, which is what the credit card company wants to reverse the chargeback, just a signature from third-party who picked up. The LLC corporation refuses to turn over the signed receipt by our warehouse manager. Can we add him in our Small Claims Complaint as a party-defendant? We are trying to fax LLC coproration a written request to send us a copy of the documents to avoid litigation and naming them as a party-defendant.

My question is: Can I sue a LLC out of state in Maryland as a party defendant to this transaction as he won't turn over the records as Proof of Delivery in order to remedy the chargeback. We live in Illinois and will be filing the small claims complain in Illinois. Do I sue the registered agent? How do I find out who the registered agent is of an LLC? We will also sue the cardholders.

[sandyclaus]

Originally Posted by postingaproblem

What is the name of your state (only U.S. law)? Illinois

We are a Merchant and recently got a chargeback of $950.00. The initial charge amount was $2570.00. The cardholder claiming missing pieces and not as described. However, $500.00 of the chargeback was purchased at a different day and paid in cash. $450.00 of the disputed amount claiming missing pieces.

The credit card company is now requesting proof of delivery. We contacted third party, who is an LLC corporation, who delivered the goods to the cardholder. We requested a copy of his records that he picked up from our warehouse, which is what the credit card company wants to reverse the chargeback, just a signature from third-party who picked up. The LLC corporation refuses to turn over the signed receipt by our warehouse manager. Can we add him in our Small Claims Complaint as a party-defendant? We are trying to fax LLC coproration a written request to send us a copy of the documents to avoid litigation and naming them as a party-defendant.

My question is: Can I sue a LLC out of state in Maryland as a party defendant to this transaction as he won't turn over the records as Proof of Delivery in order to remedy the chargeback. We live in Illinois and will be filing the small claims complain in Illinois. Do I sue the registered agent? How do I find out who the registered agent is of an LLC? We will also sue the cardholders.

Who exactly are you suing as the primary party-defendant? The purchaser? The credit card company? What specific damages are you seeking?

As a rule, to include multiple parties-defendant, they must all have been a party in the same cause of action. You could sue the delivery company for failing to make the delivery intact, as the chargeback claims, and subpoena the proof of delivery records as supporting evidence.

But I'm not sure what cause of action you would be claiming for the primary party defendant, so I don't know for sure if the two fall under the SAME cause.