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Old 09-18-2007, 03:36 PM   #29
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Small Claims jurisdiction is determined by:

Where the Defendant lives.

Where the contract was signed.

Where the incident took place.

Now before you get too happy. You cannot serve Small Claims Summons out of state. So you cannot sue in Missouri and serve someone in New York.

Now read your contract. Does the contract say that the shipper will get a signature before dropping the trailer? No signature and thats breach of contract. No signature required per the contract. No breach and no cause of action.

It will go by what the contract says and not on any discussions or verbal agreements.

Did the shipper drop the trailer at the address the contract tells him to? If so no case. I doubt your contract tells him where at the address to drop the trailer.

Assuming the contract requires a signature and he does not have one. You will have to Sue in the County the trailer was dropped in or where the Defendant works or lives. Show the Judge your contract and proof of payment for the contracted amount. Have a witness from the Agency present to testify under Oath that they "found" the trailer in their parking lot and did not sign for it. Subpoena them don't take a statement or their promise to attend. the receipt for the additional tow charge and ask to be made whole from the Defendants Breach of Contract. Pretty simple really.

It is best for you to pay all the fees to the various parties. This shows the Judge you are not trying to beat anybody out of their due and it keeps your credit rating from taking a hit if they toss you to collections. Also the one doing the suing is always in a stronger position in Court. This puts the shipper in a defensive stance and he has to prove he has a signature. Thats another reson you want someone from where the trailer was dropped. So they can dispute any signature. Also bring your email threats to Court. They will ruin the shippers credibility which help you win. The way you get the threats indroduced as evidence is to list Breach of Contract and Extorsion. Of course the Judge will throw out the Extorsion claim but you will have gotten the threats in. Without the Extorsion claim the Judge cannot look at the threats.

Before I retired 18 months ago I was a Superior Court Clerk and worked in Small Claims Court for the last ten years of my Career.

Please feel free to ask any questions. Good luck.

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Old 09-18-2007, 03:50 PM   #30
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Originally Posted by Goin camping

Before I retired 18 months ago I was a Superior Court Clerk and worked in Small Claims Court for the last ten years of my Career.

Good luck.
i expected that from the excellent answer you gave.

just to toss in, i'll add that i was allowed to file by mail in MA from NY many years ago.

just don't end up in front of judge judy ;-)

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Old 09-18-2007, 04:37 PM   #31
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Originally Posted by Goin camping
Before I retired 18 months ago I was a Superior Court Clerk and worked in Small Claims Court for the last ten years of my Career.

Please feel free to ask any questions. Good luck.

Well, say no more - that looks like the best credentials I have ever seen.......

You have your answer.
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Old 09-18-2007, 05:34 PM   #32
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Pay the $185.00 and I promise you that in a couple of weeks you will have almost forgotten it and in a month or so you will have gotten over it. Fight it and you will have to deal with this mess for months and months. Then when a collection agency gets hold of it you will never be able to forget it.
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Old 09-18-2007, 06:26 PM   #33
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I would have expected U-SHIP to provide some sort of protection for it's members. This thread should be a warning flag for others who are thinking of getting something shipped.

I agree with the Chaplin, it's time to move on.


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Old 09-18-2007, 09:38 PM   #34
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Hi, read your contract word for word. Pay both of the bills in full. Mail certified to prove it made it. If you have proof he violated your contract, threaten to sue him for the fair amount. And finally report him for possible impersonateing an officer of law. If he really is a cop, end of story. If he is not a cop, big problems for him. [worth more than money]

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Old 09-18-2007, 10:54 PM   #35
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This guy is in Rome, NY.

I have requested his Department phone number, badge number, and supervisors name. I have also requested his lawyers name and phone number. I am wondering what could happen if he WAS a cop and is bullying me with threats of arrest and excessive dollar amounts.

Doubt he will comply with the request though.

Since I don't own the trailer, I have suggested that the exporting company take the transporter to small claims court to get their $100.00 back. They will likely end up adding it to the fees that they are charging the person who bought my trailer though, and that is sad, but I have lost too much money over this deal already anyhow.

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Old 09-18-2007, 11:50 PM   #36
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Lots of advice given already, but I'll throw in my .

Scenario 1: No written contract detailing exactly what services were to be provided for how much money?
* Pay him and forget about it, and the stress it's causing you.

Scenario 2: Written contract spelling out detailed directions that he failed to completely follow?
* Pay him $85 ($185 due minus $100 to another company to complete the job)

1) Small claims court here is minus lawyers. I don't know the specific rules for your state(s) involved.
2) That blustering idiot is not law enforcement, if he was he would have identified his position and the agency he works for. He is trying to bully/threaten you into paying.
3) His lawyer from New York has no privileges in your state to practice law.
4) He can't file charges against you - it's a civil matter. He would know that if he was law enforcement.
5) If there is no contract, then he also has very little to stand on if he did decide to pursue it.
6) To identify yourself as a police officer when you're not - that is a crime.
7) He can't spell, and he has bad grammer (my pet peeve, I had to throw it in)
8) I personally would NOT pay him, written instructions or not, if he did not do what was agreed upon. There is little chance he will come after you for that little money. However, my advice to you (and it's worth what you paid for it) is still Scenario 1 or 2 above. Even if he didn't do it right, the difference to correct it is $100. That means you still owe him the $85.
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Old 09-19-2007, 09:10 AM   #37
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As Jimmy Buffett would say, "Breath in, breath out, move on". But first, I'd pay what you think is fair after considering all the advise you have received and then, if it were me, I'd report him for impersonating an officer and racketeering. But that's just me and what I'd do.

BTW, someone mentioned that he couldn't be sued if he were a DBA, that's not true. He is only protected if he has incorporated and acting under the corporate umbrella. Even if he were, his racketeering and impersonating an officer is not protected by the corporation and certain other actions would allow you to pierce the corporate veil. This also goes for LTD.'s and LLC's.
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Old 09-19-2007, 10:32 AM   #38
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There is a dollar limit for small claims actions; in most states it is $2500 so that would hardly make it worth sending lawyers etc to Missouri from NY, or even paying a local lawyer. It's not theft of services, because the service promised was not provided; it's more like breach of contract on his part. I would find out how much the additional expense incurred is, and pay this guy his fee minus the additional amount incurred to show good faith on your part.
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Old 09-19-2007, 01:31 PM   #39
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pay the guy the $185 and get a good nights sleep knowing you don't have to deal with this jack a** anymore.

*by asking the above question,
i verify that i have already used
the search feature to the best of my ability...
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Old 09-19-2007, 04:30 PM   #40
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It isn't just the $ is the other $100 I have to consider as well. Going after him for $100 from Missouri is pointless since it would likely cost thousands.

I could perhaps suggest to the exporter that they file a claim against him for the $100 since his ineptitude caused the fee to be generated. They are much closer, and have a lawyer backing them.

I look at it like this, if he would have dropped the trailer in a no parking zone and it was towed for a fee, or it was ticketed....should I have to pay that expense because of him? No I shouldn't even though he did move it from A to B like our agreement states.

In Uship it has specific points of contact for the pickup and drop off. This coupled with me telling him he needed to contact her seems like a no brainer, but nothing ever is anymore.

Thanks for the replies.

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Old 09-19-2007, 05:27 PM   #41
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I guess you'll have to update your loss statement there on the bottom now. You'll need to go to the Branson Rally just to get some rest and peace. Please let us know what you do. I hate to see this guy win because he's clearly a jerk and thinks ignorance is a virtue; however, even if you could prevail (and I think you could) the expense would be far more than $285.00, but it would sure feel good. I myself would write him a detailed letter stating you had consulted an attorney, give him the true facts about Small Claims Court liability limits, out of state attorneys coming to MO, Notarized statements you have obtained from parties witnessing what he had done in NY with your trailer(don't send them just make him think you have them), copies of his threatening email that you have forwarded to the Attorneys General of the State of MO, the State of New York and the State where his business is registered (I think NJ) and you are forwarding copies of all this information to the BBB in his State of incorporation. Then you can either wait for his reply to your Registered-Return Receipt Rquested letter or send him the $185.00 with a copy of the bill you will receive for $100.00, forwarded to him for payment.
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Old 09-19-2007, 05:31 PM   #42
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Originally Posted by soldiermedic
I am curious if anyone knows enough about small claims court and jurisdiction to answer a question for me.


Thanks everyone.

mr steve,

as your drywall contractor, always seek legal and or medical advice from RV people. i do it all the time.

just sayin...


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