Question

Do I have a case in small claims lawsuit?

We met a customer in the Las Vegas Off Price show in 2011. He then placed an order with us. He placed 3 orders in total. The customer never had credit or even signed a credit application with us. We don't give credit to small customers. So he placed and order and the first order had five boxes shipped via UPS. Our mistake, was that we only marked one box out of five boxes C.O.D so the UPS driver takes all five boxes, and only asks for the check on the one boxed marked. C.O.D. So he kept the other four and told the driver to come back later on because the owner was not there.
When he realized our mistake by not labeling all five boxes C.O.D, he immediately placed two more order.

The Second order was for 7 boxes. He kept the six boxes not marked C.O.D and asked the driver to come back tomorrow.

The Third order was for four boxes. He kept the three boxes not marked C.O.D and asked the driver to come back tomorrow.

All three order were placed in less than two weeks and by the time we found out that he did not give the UPS driver the check, He had received all three orders.

We called him and asked him, what happen and he said he wasnt there but the driver did three attempts on all three orders but was never sucesful.
We talked to the guy and he said that he would mail out the check. But he never did.
The only prove we have, is the UPS delivery confirmation, our invoice that we sent to him and the packages with the label C.O.D that he returned back to us.

We are now suing him in a small claims lawsuit and basically what I said here today, is what im going to tell the judge. the total if for less than 2500 but my boss wants to get this guy bad. He commited fraud.

Do you think we have a case against this guy?

1 year ago - 1 answers

Best Answer

Chosen by Asker

I think you forgot that it's 2011 (now 2013) and no company with any brains should be using COD.
Start taking credit cards or don't ship until you have cash in had.

Do you have a case?
I don't think you have a case.... you have no contract, your company committed errors with the packages, you are using an archaic collection system
- are you even suing in the correct jurisdiction
- if you win, how are you even going to collect? you can't...

1 year ago