W
whiz777
Guest
One where the corporation is right? This one is a doozy (and a little long). I'll take any advice that can be offered - including links to relavent law sections (not lazy here!)
I run a small NY C-corp (1 employee at present, some help from family). We ship large bulky items (I don't wish to disclose what they are as its a very niche market, and disclosing it will possibly give the company away). Shipping charges run over $65 an item.
A person in California purchases 2 of the items (different models of the item), and has them shipped to a family member in Arizona. Almost 2 weeks after UPS shows receipt, the CA person claims the items are 'damaged', but even after 3 emails won't disclose what the 'damage' is. Now, this is odd, because to date we have had ZERO bad items shipped. (and can show a full UPS log, showing NO items being returned to the company). To shorten the story, on the 4th email he states he is charging back the transaction. He also finally explains what the damage is: "one of the parts we installed on the unit has came loose, bounced around inside the item, and damaged it". Now for the kicker: One of the items he ordered, doesn't even have this part! (the other one does). Customer has refused to ship either item back, unless we pay for shipping - leaving the company out almost $300 for shipping charges. It really isn't worth it for us to pay for shipping back. The items are heavy and don't have a large value, but its large enough for us to consider making a claim. We do have a fairly standard RMA policy on our website: describe the damage, and then ship the merchandise back.
The credit card processor has been zero help (they almost always side with the issuing bank; which almost always sides with the consumer.)
So, right now the customer has the merchandise, and has paid '0' for it. I'd like to bring this to small claims court in California to get the merchandise back, or force payment. Yes, I know CA has legal advisors for each county for small claims, but I'd like to amass more general information first.
My next step would be to file a demand letter, right?
1) Can I, as a corporation (representative) initiate action as a plaintiff in small claims court in California? Some states apparently don't allow this?
1a) Or is the proper venue Arizona? (since the merchandise was delivered there, contract was completed there?) I would claim the value against the family member???
Of course, if the answer to #1 is 'no', you can stop reading
2) I've read that in passing a bad check, the merchant can sue for up to 4x the price. Any similar statute for a wrongful credit card chargeback?
3) I'm perfectly ok with a 'temporary judge' hearing the complaint. But, I'd like not to have to travel to CA more than once if the other party refuses the temporary judge. Any way around this, maybe some wording in the initial filing?
4) Any possibility of having travel expenses reimbursed, if the defendant loses the case? (I know court fees are normally reimbursed).
5) I can't have the receiver of the merchandise appear in court, since that person is out of state. However, can I subpoena to have the 'damaged' items present as evidence? (remember, the items are currently supposedly in Arizona)
6) Any statute referencing that a company can be forced to pay shipping on items? Or can a posted return policy be binding? (on almost any RMA, anywhere in the world, customer has to pay shipping.)
7) Both my credit card processor, and his bank are in CA. Any advantage that can be gained from this? Possibly his bank would be more inclined to see reason if they knew they were possibly going to be added as a defendant in the claim?
On topic of #7, is it worth it to send his bank a seperate letter, possibly to the President, etc, explaining the situation? (not threatening lawsuit, just explaining the situation and looking for resolution.) I haven't yet contacted his issuing bank; it has solely been through my credit card processor. Or is this a 'no no'?
Any hints, thoughts, suggestions would be greatly appreciated! (and of course, won't be construed as legal advice). Thank you.
I run a small NY C-corp (1 employee at present, some help from family). We ship large bulky items (I don't wish to disclose what they are as its a very niche market, and disclosing it will possibly give the company away). Shipping charges run over $65 an item.
A person in California purchases 2 of the items (different models of the item), and has them shipped to a family member in Arizona. Almost 2 weeks after UPS shows receipt, the CA person claims the items are 'damaged', but even after 3 emails won't disclose what the 'damage' is. Now, this is odd, because to date we have had ZERO bad items shipped. (and can show a full UPS log, showing NO items being returned to the company). To shorten the story, on the 4th email he states he is charging back the transaction. He also finally explains what the damage is: "one of the parts we installed on the unit has came loose, bounced around inside the item, and damaged it". Now for the kicker: One of the items he ordered, doesn't even have this part! (the other one does). Customer has refused to ship either item back, unless we pay for shipping - leaving the company out almost $300 for shipping charges. It really isn't worth it for us to pay for shipping back. The items are heavy and don't have a large value, but its large enough for us to consider making a claim. We do have a fairly standard RMA policy on our website: describe the damage, and then ship the merchandise back.
The credit card processor has been zero help (they almost always side with the issuing bank; which almost always sides with the consumer.)
So, right now the customer has the merchandise, and has paid '0' for it. I'd like to bring this to small claims court in California to get the merchandise back, or force payment. Yes, I know CA has legal advisors for each county for small claims, but I'd like to amass more general information first.
My next step would be to file a demand letter, right?
1) Can I, as a corporation (representative) initiate action as a plaintiff in small claims court in California? Some states apparently don't allow this?
1a) Or is the proper venue Arizona? (since the merchandise was delivered there, contract was completed there?) I would claim the value against the family member???
Of course, if the answer to #1 is 'no', you can stop reading
2) I've read that in passing a bad check, the merchant can sue for up to 4x the price. Any similar statute for a wrongful credit card chargeback?
3) I'm perfectly ok with a 'temporary judge' hearing the complaint. But, I'd like not to have to travel to CA more than once if the other party refuses the temporary judge. Any way around this, maybe some wording in the initial filing?
4) Any possibility of having travel expenses reimbursed, if the defendant loses the case? (I know court fees are normally reimbursed).
5) I can't have the receiver of the merchandise appear in court, since that person is out of state. However, can I subpoena to have the 'damaged' items present as evidence? (remember, the items are currently supposedly in Arizona)
6) Any statute referencing that a company can be forced to pay shipping on items? Or can a posted return policy be binding? (on almost any RMA, anywhere in the world, customer has to pay shipping.)
7) Both my credit card processor, and his bank are in CA. Any advantage that can be gained from this? Possibly his bank would be more inclined to see reason if they knew they were possibly going to be added as a defendant in the claim?
On topic of #7, is it worth it to send his bank a seperate letter, possibly to the President, etc, explaining the situation? (not threatening lawsuit, just explaining the situation and looking for resolution.) I haven't yet contacted his issuing bank; it has solely been through my credit card processor. Or is this a 'no no'?
Any hints, thoughts, suggestions would be greatly appreciated! (and of course, won't be construed as legal advice). Thank you.
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