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Acquaintance lost my property

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ml73

Junior Member
What is the name of your state (only U.S. law)? California

An acquaintance agreed to bring a custom-made pair of shoes (value $650) from China back to the US and somehow lost the shoes on his way back home. He refuses to take any responsibility. I suggested that he file a claim with his insurance but he replied that he does not have time. I would prefer to resolve this situation amicably (e.g. sharing the value of the loss) but he is not responding to my e-mails.

What is the legal liability in situations like this?
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? California

An acquaintance agreed to bring a custom-made pair of shoes (value $650) from China back to the US and somehow lost the shoes on his way back home. He refuses to take any responsibility. I suggested that he file a claim with his insurance but he replied that he does not have time. I would prefer to resolve this situation amicably (e.g. sharing the value of the loss) but he is not responding to my e-mails.

What is the legal liability in situations like this?
Small claims court.
 

HRZ

Senior Member
NO clue about jurisdiction for the bailment contract...but IF this was a deal done with roots in CA and your agent in China delivered your goods to your bailee in China, the bailee has a ('modest ) duty to care for them and deliver them to you in CA ....so sue him .in small claims court and get it right as to service and notice etc .

I don't know the strength of your court claim ...but he better take some time ..lest you get a default judgement against him and go on hunt to collect .

I doubt his insurance would cover it ..but let him file any such claim ...he is blowing you off ..
 

quincy

Senior Member
What is the name of your state (only U.S. law)? California

An acquaintance agreed to bring a custom-made pair of shoes (value $650) from China back to the US and somehow lost the shoes on his way back home. He refuses to take any responsibility. I suggested that he file a claim with his insurance but he replied that he does not have time. I would prefer to resolve this situation amicably (e.g. sharing the value of the loss) but he is not responding to my e-mails.

What is the legal liability in situations like this?
How did he say he lost the shoes? Did the airlines lose his bag?
 

xylene

Senior Member
Just in case you wonder if it escaped anyone's attention, this sounds like a minor league but completely shady attempt to evade import duties on your pricey shoes by having your 'acquaintance' falsely declare them as part of his own personal property.
 

HRZ

Senior Member
THe bailee is free to raise any defenses to having failed to care for goods entrusted to his care he chooses , in front of a judge. A DJ lacks jurisdiction on Federal matters, but he or she might not be impressed with folks in a conspiracy to avoid taxes. ( ...IF such is true. ) And so far we dont know where the lapse of care for the goods took place to leave them in taxi.
 

quincy

Senior Member
Just in case you wonder if it escaped anyone's attention, this sounds like a minor league but completely shady attempt to evade import duties on your pricey shoes by having your 'acquaintance' falsely declare them as part of his own personal property.
It is also possible the "custom-made" shoes were counterfeits, which would complicate any claim.
 

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