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Old 09-18-2007, 11:17 AM   #15
Halimer
 
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Steve,

I have dealt with many small claims actions as a deputy sheriff in NY. My recommendation is to pay the guy. Do you have a contract? If so read the very fine print. He may be right. I would only pursue it through your the consumer affairs agency(local or state) that his company is located in. Also the local district attorney and state attorney general. The fact that he threatened you via the internet with monetary harm may constitute a crime. Maybe federal or state. I am not certain.
You need to find out his company's corporate name, not his doing business name. You can't go after Joe Blow's Towing if that is a dba. You need to check with the state government's Dept of State. Here is NYS' site for corporate entities:
NYS Department of State Corporation and Business Entity Database
Under Search Criteria, Name Type use; ALL. For Search Type use; CONTAINS.
New Jersey should have a similar site.
The more information that you can provide consumer affairs and DA's and state AG's the easier it is more them.
If I remember you are a SM. See your JAG and give him a sit rep. Maybe a federal crime was committed if not it maybe harrassment on the local level. the JAG should be able to give you some COA's. Also, as an active duty serivce member your are almost immune from such judgements.
When I was deployed to Bosnia 97-98, there was a female SM at Cmp Dobal that was being blackmailed by her boy friend near Ft Drum, NY. I found the exact NYS charge and the number for the county Sheriff. I gave the JAG the info. Just as I was leaving the JAG's office it dawned on the blackmailer sent the SM his demands via the USPS, BING BING. Now it was federal. The blackmailer was arrested a couple of days later and charged with by NYS and later by feds.
Do all the research you can on this guy and his company before taking any action.
I do not like when someone takes advantage of service members.Let me know if you need a hand.

Mark
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Old 09-18-2007, 11:29 AM   #16
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hi steve

reading this again i've got another view slightly different from last evening.

1. there is a transporting invoice from transporter A that is partly unpaid?

2. you are withholding part of the payment to transporter A because another transport fee was generated,
BECAUSE transporter A left the trailer near, but NOT IN the exporters lot.?

3. the exporter had to pay transporter B 185$ for that 300 feet of towing?

4. you have a written contract with transporter A that includes the address for the delivery.
he claims the address he dropped at is correct, even if it really isn't the exact location and even if he delivered it after business hours?

5. the contract doesn't stipulate that the trailer is to be delivered during business hours and that someone needs to "sign" for it?

is this close to correct?

IF it is then pay the remaining fees to transporter A.

yes he screwed up and yes withholding the 185$ seems reasonable

but it will appear that you have left a bill for services unpaid.

so it looks like you are at fault on the surface.

also the 185$ may be what transporter B charged for the last 300 feet, but it isn't what transporter A's costs would have been.

once you have paid the bill in full, you do have the option of taking A to small claims for recovery of the additional transport fees.

but then you'd be the one chasing him, after fulfilling your obligations to the bill.

with legal issues, i'd rather chase than be chased.

i'll wager both transporters and the export company have this happen regularly.

no doubt the export company has had to do this many times with transporters who come in after hours and leave'em across the street.

cheers
2air'

this thread really should be in the 'global streamin' shipping import/export section.

it's an excellent example of yet another issue folks who do this need to be aware of,

and shouldn't be buried in 'off topic' clutter.
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Old 09-18-2007, 11:51 AM   #17
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did the contract specify delivery during normal business hours? it would depend if a parking lot is considered "delivery".

i might try sending him a check for 3/4 the amount. i think there is something about writing "payment in full" on it somewhere to prevent him from trying to collect the balance. you might just send him a dollar a month ;-) if you get sued you could always counter sue for the extra cost.

10 years ago i would have fought tooth and nail, today, i'm not so sure.

i'm just the and this is not legal advice. this story sounds like my life!
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Old 09-18-2007, 01:04 PM   #18
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Steve,

Small Claims Courts handle amounts up to about $5000. The rules normally allow individual to represent themselves. You can have a lawyer represent you if desired
The transporter can hire a NY attorney who would assemble the all the info and charges against you. Then he would check the bar association in your area and hire a local attorney. Even the big corporations do that.
There are people that are incarcerated for none payment of debts. Some examples are child support, and matriominal. If someone is ordered by a judge to pay and does not he can be held in contempt.
is this guy claiming he is a NYPD cop?

Mark
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Old 09-18-2007, 01:21 PM   #19
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Quote:
Originally Posted by halimer
Steve,

Small Claims Courts handle amounts up to about $5000. The rules normally allow individual to represent themselves. You can have a lawyer represent you if desired
The transporter can hire a NY attorney who would assemble the all the info and charges against you. Then he would check the bar association in your area and hire a local attorney. Even the big corporations do that.
There are people that are incarcerated for none payment of debts. Some examples are child support, and matriominal. If someone is ordered by a judge to pay and does not he can be held in contempt.
is this guy claiming he is a NYPD cop?

Mark
Good info all around. yes Mark, this guy is saying he is law enforcement in New York, but did not specify what law enforcement, or where in NY. Only that he has friends that can help him get me arrested (BS). I do feel that his email is threatening in nature, and not standard for business practice. If there is anything that you can find for me about harassment I would appreciate it. I agree that the trailer was moved, but I told him that he would arrive and receive instruction from the export company.

Richard, I filed a dispute with UShip and this is what they said.

Hi Steven (soldiermedic),

Thanks for the email. Iím sorry to hear that your shipment did not go as planned with your service provider. uShip is a neutral venue; we do not engage in dispute resolution or disbursement/collection of funds. If you feel that the shipment was not executed as agreed upon and wish to withhold compensation then you will need to express this directly to your service provider. Since uShip is a 3rd party venue we cannot place blame or award compensation, etc. It is completely up to you and the service provider to work out any issue regarding the transaction.

If you see that you need to take legal action to resolve the issue uShip can provide you with all contact information that the service provider has associated with their uShip account. Notify us via email if you would like this information. I hope this information helps and that the service provider is responsive and works to resolve the issue. Let me know how I can be of assistance.

Regards,

Heather


Seems like Uship won't do anything about it.

I heard back from the exporter and the charge to move the trailer the additional distance was $100.00. She is asking me to pay it, but will add it to the bill of the client if I do not pay it. I could pay the rest of the $185 I owe him, but then to get the $100 back I would have to travel to NY to file suit. Not worth my time. He is the one who was wrong.

When I spoke with this individual on the phone (Transporter). I told him that he had to contact the person signing for the trailer. I told him it was a business and that he should contact them immediately. This all happened because he did not communicate with the recipient.

Mulling options.

Steve
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Old 09-18-2007, 01:24 PM   #20
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I'd say that if all you have are verbal instructions, no written contract to show he did not fulfill his part, then pay him and write it off to experience. Without a contract in writing, there's not much to show a judge, and it will just be your word against his.
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Old 09-18-2007, 03:32 PM   #21
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I would send him a very polite letter, and tell him due to personal finance problems that just arose, you are unable to send him the entire amount right away...but as a "good will" jesture you are able to send him a check for $1.00 every month until he is paid in full ! That should p--- him off, but he'll have to accept it...he still wins, but you may get some satisfaction out of it yet.
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Old 09-18-2007, 03:36 PM   #22
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Oh yeah, I'd find out if he really is a police officer, and send a real nice letter to his commissioner or chief...keep it sweet and polite. Make his life miserable, but in a polite, kind and gentle manner. No name calling.
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Old 09-18-2007, 03:42 PM   #23
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Winning?

It's infuriating!
It's unfair.
It's shoddy practice and incomplete work.
The shipper is a jerk (which is only 1/2 of the word).

In spite of all that, pay it and forget it.

It's never wrong to do the right thing. Being seen as in the right and standing on principle are attractive. Winning and beating this jerk is attractive.

If you had inoperable cancer, would you waste a day or an hour agonizing about this? Or would you move on and hope the majestic forces of karma drop on his head and give him an oozing infection on his private parts?

You might not prevail in court, and even if you do... what will it cost you?
  • money
  • stress
  • time
End it... pay it. (Meanwhile let's all cross our fingers, imagine the jerk and think "horrible pus filled green globes"

Paula
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Old 09-18-2007, 03:44 PM   #24
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If your instructions are via e-mail, I would remind him of this and offer to pay him the sum of $185 less the $100 for the second transport company. Before paying him, I would request the law enforcement agency he works for and his badge number; call his bluff on him being in law enforcement if you have to and go so far as taunt him to get the information. If he actually provides that information, I'd then contact his superior officer and inform him/her of this guy's moon-lighting and file a complaint regarding his threats and attempts at coercion.

I would also request the contact information from Uship and file a complaint with his state's AG, state's Consumer Affairs' office, and Better Business Bureau. Lastly, if he refuses the $85, I'd pay the $185 and go through with all the other steps.

This is just what I'd do, you do what you think you should do.
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Old 09-18-2007, 03:45 PM   #25
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Quote:
Originally Posted by gotohatteras
I would send him a very polite letter, and tell him due to personal finance problems that just arose, you are unable to send him the entire amount right away...but as a "good will" jesture you are able to send him a check for $1.00 every month until he is paid in full ! That should p--- him off, but he'll have to accept it...he still wins, but you may get some satisfaction out of it yet.
Well, with stamps over $0.40 now - that would be a 40% mark up in costs with postage. I would pay up and just look at this as a lesson learned. Contracts are usually never air tight - there are people out there that will take advantage of anything. Leaving the trailer in a parking lot un-attended was foolish - was it damaged? from your story, NO. The extra costs are a bummer, can that be helped - NO. Do you want the reminder each month when you send that dollar of this bad experience - NO. Pay up and move on, it's easier and more relaxing.
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Old 09-18-2007, 03:48 PM   #26
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Boy, we all seem to be hitting submit button together!
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Old 09-18-2007, 04:07 PM   #27
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Steve...I just hate this kind of stuff...it just sucks the joy of life right out of a person. On one hand the guy needs to be called on his teratment of you...on the other hand, is it worth the long-term cost and stess on you?... It's always a tough call when principles are involved... My advice is to take it no further than the point where it turns into diminishing returns for you. At that point it's no longer worth the cost and the time. A good letter calling his bluff and CCing everyone in the world who might be involved in some way may be enough to turn the tables...and make him see the error of his ways and may result in a compromise at least...if not, then you need to decide if it's worth it to take it further...

I'm bummed for you...
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Old 09-18-2007, 04:23 PM   #28
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Lesson learned... Buy local

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