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How to properly serve UPS in small claims court

Discussion in 'Small Claims & Municipal Court' started by LawBoogie, Nov 21, 2022.

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  1. LawBoogie

    LawBoogie Law Topic Starter New Member

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    I sent an item by ups and they damaged it. It was fully insured. they denied my claim.

    I am trying to sue in small claims court to recover the damages.

    I'm confused about who i am supposed to sue.. I am sending a demand letter to the entity that owns the 3rd party UPS store that i bought the insurance and shipped from.

    I can't figure out where I would serve the corporate ups entity.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    What is the damage?

    Who is they? UPS or the UPS franchisee?

    What reason was given for the denial? Presumably the denial was in writing. Quote it word for word, or upload a copy.

    There is no try to sue, there is only sue or not sue.

    Then you aren't suing yet, you're just sending a demand letter.

    If would help get you some helpful comments if you answered my questions.
     
  3. LawBoogie

    LawBoogie Law Topic Starter New Member

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    The damage is 5k. They broke an expensive vintage guitar during shipment.

    UPS denied the claim.

    I uploaded the denial reason. They said it was because I used towels in the packaging but the guy at the UPS store told me it was ok to do so as long as the towels were used outside the guitar case not inside the guitar case.

    thank you for taking a look at this.
     

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  4. adjusterjack

    adjusterjack Super Moderator

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    Crawford & Company is a nationwide company that provides claims adjusting and investigating services. It's not their decision. They are just relaying the decision of whoever at UPS hired them.

    Personally, I would sue both UPS, and the store owner for the bad advice of the store's employee. Though you'd probably never get the employee to admit to what he told you.

    Meantime, again personally, I would send the demand letter to UPS corporate and the owner of the store. You can find the store owner's name and address at the Nevada Corporation Commission website or whatever agency regulates businesses.

    As for UPS, you might be able to speed things up by emailing your letter to one of the corporate officers at the following list.

    UPS - Elliott Report
     
  5. LawBoogie

    LawBoogie Law Topic Starter New Member

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    thanks. is 55 Glenlake Parkway NE
    Atlanta, GA 30328 as listed on the UPS Elliott Report the correct address for me to mail a demand letter to UPS?
     
  6. adjusterjack

    adjusterjack Super Moderator

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    Yes.
     
  7. Zigner

    Zigner Well-Known Member

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    The UPS terms of service put the responsibility for proper packaging squarely on the shoulders of the shipper, even if the guy at the store told you differently. I don't see any suit against UPS going anywhere. Also, as mentioned above, what proof do you have that you were advised that it was ok to package that way by the employee?
     
  8. zddoodah

    zddoodah Well-Known Member

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    Google "nevada corporation search." The first result that comes up with be for the Nevada Secretary of State. After you click that link, about halfway down the page is a series of bullet points under "Online Services." The second one is "Business Entity Search." Click that link and run a search and you'll get the info for the registered agent for service in Nevada.
     

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