Paid for cordwood but delivery was short

[yogi]

We contacted someone on Craigslist and arranged to have 2 cords of wood delivered @ 250.00 per cord. Upon delivery, we paid the person 500.00 in cash but did not receive a receipt. After stacking it, we found the load was clearly short by 1 cord. We contacted the person and he said he would take care of it. It has been 2 weeks and he has not delivered the wood or returned our calls. Unfortunately, all we have is a cellphone number and his first name. We were considering small claims court, but have no address for this person. Are we out of luck & the money? It appears as though he has no intention of delivering the wood or returning our money.

 

[dee_dub]

Unless you can track him down, you're out of luck. You have to be able to serve him in order to sue him.

 

[jharris352]

Its a little known fact, but you can sue "John Doe." By doing so you can then use the Discovery process to compel the cell phone company to give up the phone records via subpoena or interrogatories. Once you have their billing information you can amend the suit and have them served.

Another way to do it is to sue the phone company and they will do a third party joinder or a pass through to the person who owns the phone. You sue the phone company so that you can get the records and then you can dismiss against them.

I would call and leave a message that you intend to sue if they don't answer you and tell them that you can get their information through their phone number if they do not reply. It may shake them enough to talk with you.

 

[yogi]

Thank you very much! And thanks for helping my daughter earlier today with her landlord/tenant/temp apt. issue. Since my post, I called the guy from my cellphone (he did not know that #) and he answered. Without lying I told him I was calling regarding his ad for firewood. He said he was out of firewood so I asked him when he would return my money. He asked if I was the lady from (my town). Caught him off guard. He then stated he had MY wood and would deliver it this week. When I asked him if I could pick it up if he couldn't borrow the buddy's truck, I managed to get his home address, but I still only have a 1st name, cellphone # and address. I do not expect to see the wood, so I will look at your suggestion to find his name. Thanks again, and will post again if and when this thing gets resolved.