1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Considering filing a small claim against FedEx (advice please)

Discussion in 'Civil Court, Procedure & Litigation' started by Daniel D, Nov 20, 2021.

  1. Daniel D

    Daniel D Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    Hello. Not sure if This would go under small claims or the civil section, this seems like a broader section.
    I was needing to safely send a law firm a cashiers check for $2000 to close out a specific matter there was an end of month due date.

    I went to FedEx with the cashiers check in hand and a letter and advised to the person at the counter that this was a cashiers check for $2k and I didn’t necessarily need to get it there overnight but I did need to make sure that it was safe in there within a few days. She advised that the priority (or whichever it was) one it was will be a great way to go; she was 100% aware that it was a $2,000.00 cashiers check, it was important for me that she understood this. She held open the envelope with its printed tag having been placed on it and watched me place the cashiers check along with the letter.

    the package was lost (or more likely stolen)

    Not that they told me or anything; I was keeping an eye on it and it was at the same hub for three days.. keep in mind the place I was mailing it to is only a hour n a half drive from my house. So it went from Long Beach to Oceanside and then didn’t move. In red the tracking said no estimated delivery date.

    Upon reaching out to them they advised that it would be marked as lost; the woman said it IS lost, indicating that there was really no research to be done that their procedure at this point with the way it looks to her it is going to be marked as a lost package. Not sure if that makes sense. Basically it sounds like she sees this a lot and didn’t seem to have any confidence it would somehow show up. So it was scanned into their hub but never left.

    I filed a claim and subsequently the claim was approved but they’re saying that their liability is only for $100 because it was not declared to be more value than that when it was mailed???

    FedEx customer service is quite ‘not good’ and I have absolutely no way to get somebody on the line that can speak to me regarding this matter; it just goes in a circular motions when I call.

    My intent at this point is to file a small claims suit for the $2000 plus the cost to ship and plus the cost to make the check.

    Is this a reasonable thing to do? If so can I also include time off from work? Also if I am to do this do I serve the people at the FedEx store that I went to? Do I need to ask them their name when they’re served? Can I serve them myself? Is there anything I should be prepared for or is this a ridiculous thing to do and I shouldn’t do it?
     
  2. justblue

    justblue Well-Known Member

    Messages:
    2,688
    Likes Received:
    1,238
    Trophy Points:
    113

    When did this happen? Did you report the CC as lost and have a stop payment placed on it and get a new check issued?
     
  3. army judge

    army judge Super Moderator

    Messages:
    34,829
    Likes Received:
    5,963
    Trophy Points:
    113


    If you read the information on their website, all of what has been alleged can be confirmed or denied using your eyes and reading ability.

    If you sent a cashiers check, all you need do is contact the issuing bank, report the loss, and you'll be made whole.

    You're not out of anything.

    In fact, if what you say is the truth, you're ahead by 100 U$ dollar$.


    FedEx package theft - Package Guard.
     
    justblue likes this.
  4. Redemptionman

    Redemptionman Active Member

    Messages:
    715
    Likes Received:
    99
    Trophy Points:
    28
    Yes, If I would have sent that check. I would have bought the additional insurance on it.

    That is your fault, live and learn.
     
  5. Daniel D

    Daniel D Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    Wow, very helpful, thanks so much!
     
  6. Daniel D

    Daniel D Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    That is not true at all. If the check is fraudulently cashed there is no guarantee they will return the funds.
    Only if the check is not cashed, after a 90 day period can the funds be returned to you through the filing of a claim. Before the 90 days they will, under no circumstance, initiate a hold or cancellation on the check.

    If somebody is stealing checks and illegally cashing them thru deceptive means, BofA has no obligation to return that money to the original party.
     
  7. justblue

    justblue Well-Known Member

    Messages:
    2,688
    Likes Received:
    1,238
    Trophy Points:
    113

    Did you call the bank? Was the check cased? If so, was the endorser the intended party? IF not, did you let BoA know that the check was cased by someone other than the intended part? Did you file a police complaint?

    WHEN did this occur? Last week?...month? ...year?
     
    zddoodah likes this.
  8. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,507
    Likes Received:
    3,875
    Trophy Points:
    113

    This won't be helpful either but it's gotta be said.

    You telling this person that there was a $2000 cashier's check in the envelope is like leaving your keys in your ignition with a sign on your window "Please steal my car."

    I've sent much bigger checks through the USPS with tracking and signature confirmations without telling anybody that there was a check in the envelope. Never had one lost that way
     
  9. Daniel D

    Daniel D Law Topic Starter New Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    1
    You ask so many questions yet have failed to answer even one of mine on procedure. For some reason I thought people with legal expertise would be on this website. Sounds more like bored people with minimal knowledge.
     
  10. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,507
    Likes Received:
    3,875
    Trophy Points:
    113

    Ah, it's shoot the messenger time. Oh well, I'll answer your questions.

    That was not a question despite your use of a question mark. However, the $100 limit was likely disclosed on the shipping receipt.

    Reasonable is in the eye of the beholder. If it seems reasonable to you, go ahead and do it. You've got nothing to lose but your filing and process service fees.

    No.

    1 - YOU don't serve anybody. You use a process server or certified mail if allowed by your small claims court.

    2 - You need to find out if that location is corporate owned by FedEx or a franchise. You would have to serve the owner or registered agent.

    You'll need to find out who to serve before your process server serves.

    No. See earlier question.

    Should or shouldn't is up to you. Just understand that your contract with FedEx specified a $100 liability limit. All they have to do is show that in court and you lose.
     
    justblue likes this.
  11. justblue

    justblue Well-Known Member

    Messages:
    2,688
    Likes Received:
    1,238
    Trophy Points:
    113

    sigh.....

    I asked questions so I know what steps you have already taken before I offered any advice.

    Don't bother answering now...I'm done. Go pay an attorney to assist you or go to a law library for your answers.

    Happy Thanksgiving.
     
    Red Kayak likes this.
  12. Redemptionman

    Redemptionman Active Member

    Messages:
    715
    Likes Received:
    99
    Trophy Points:
    28
    Yeah, It is a cashiers check anyone could have cashed it especially digitally. Call the police and they will ask you what do you expect them to do about it. I am not sure about UPS but I have heard from friends of friends that worked at FEDEX that the delivery employees do steal especially if they know what it is. You know it is a FEDEX employee since they are the only ones who could have taken it. Basically, I will say again you are sunk unless you get them to investigate it internally and they mysteriously find this person. Not happening.

    So again you are the person who mailed the check, told them what it was, and then now are upset that they stole your money. Enjoy your 100 bucks back and the 1900 you had to eat.
     
  13. Zigner

    Zigner Well-Known Member

    Messages:
    4,790
    Likes Received:
    2,705
    Trophy Points:
    113

    It is much more likely that the item was lost, not stolen. The OP should contact the bank, as has been repeatedly advised. The OP is going on the assumption that it's been cashed, but maybe it hasn't.
     
    justblue likes this.
  14. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,516
    Likes Received:
    1,649
    Trophy Points:
    113

    What exactly does this mean? An actual Fedex office that is owned by FedEx Corporation? Or an independently owned/operated place that ships through Fedex?

    Why? Also, the check was made payable to the law firm, right?

    Maybe things have changed, but it used to be that EVERYTHING shipped by Fedex went to Memphis (even if it was going between two addresses in the same city).

    Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask. But here's a question for you: did you fill out a declaration regarding the value of the shipment and pay extra for any sort of insurance?

    No. Just go to the bank that issued the check, having canceled and get a new one. The cost of that will be well under the $100 you mentioned previously.

    Taking these questions in order (notwithstanding my prior response):

    1. No.
    2. Depends on how you answer my questions above.
    3. No, but the person who effects service would typically do that..
    4. No. The plaintiff may not effect service him/herself. You'll need to hire the county sheriff or a process server (or any adult who is not a party to the action may do it).
    5. Yes.
     

Share This Page