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Legal action for undelivered goods

Mora
9 years ago

Hopefully there are some lawyers here or individuals who have been in a similar situation.

I have been waiting for months for around 15k worth of lighting materials. Well the individual has my money and now is trying to tell me that either the products were delivered or some items are delayed. Now keep in mind the job site where items were delivered is gated and patrolled by security guards every 15minutes, and a few items are taking more than a year to get delivered. The vendor also has yet to produce proof of tracking numbers or even proof of orders placed.

He even had the audacity just recently to say in an email that he is now ignoring my emails and phone calls!

So has anyone else had a situation like this?
I have never felt the need to sue anybody but I have no idea what to do here.

We are in the final weeks of a 2 yr new construction project and not having the proper items is causing delays on lift rental equipment, etc.

Any advice is greatly appreciated.

Comments (16)

  • MFatt16
    9 years ago

    Did you charge the items? Pay cash, check?

  • MFatt16
    9 years ago

    Regardless, contact a local attorney for a consult. They can best advise you. Be sure to have all the details available including any contracts, receipts, etc.

  • virgilcarter
    9 years ago

    Find an attorney and review your options.

    Good luck with your project!

  • pprioroh
    9 years ago

    Give him a registered letter with intent to sue if goods not delivered by a specified date.

    Next step (a bit of money) have attorney send same letter on their letterhead.

    If they do not comply, then file suit. Simple as that. Keep EVERYTHING and document EVERY conversation you've had.

    Do not rely on anything on this board, including my own post above. Go to an attorney's office.

  • worthy
    9 years ago

    The amount in question is within many SmallClaims Court
    jurisdictions, where the Plaintiff can initiate and pursue remedies without a solicitor or in the US, an attorney.

    If the Defendant is judgement proof, i.e., no money, no employment and no prospects of same and of no known address--say, a website in China--saveyourself the money and effort.

    This post was edited by worthy on Tue, Oct 28, 14 at 10:23

  • pprioroh
    9 years ago

    small claims in most states is way less than 10 grand.

    I assumed this was a normal business, not an internet site.

    If it's the latter, you're in for a world of hurt.

    Here is a link that might be useful: small claims $$ limits by state

  • MFatt16
    9 years ago

    Wa state is $3k or less for small claims, no way $15K. Give us an update, you might also try your CC if you charged. This far past though, I just don't know. Don't be afraid to interview/meet with several attorney's. It's prudent to do so.

  • energy_rater_la
    9 years ago

    $5K in La.
    I once had to sue someone over unpaid loan.
    went through justice of the peace...had to educate
    her every step of the way...and won.
    never collected a penny.

    where did you purchase items from...internet..
    company from another state?

    why did you pay in full upfront?

    best of luck

  • Mora
    Original Author
    9 years ago

    I paid by check. The vendor is actually a local business not internet site. I also did more research and this does not qualify for small claims unfortunately. It looks like the attorney route is my only option at this point. I am going to get a well crafted stern letter from an attorney and give this guy one last chance to make things right.

  • shiltsy
    9 years ago

    Attorney + BBB complaint + Chamber of Commerce letter.

    Unfortunately, the legal process is a long and expensive one.... and at the end of the day, if the shop is going under, good luck getting your money or goods. There simply won't be anything to go after and other lenders in line in front of you.

    I would assume someone this shady has a poor BBB rating. Can you check to see what the overall profile looks like? Might give some color to the situation.

    Good luck. I hope you get every penny (or light fixture).

  • millworkman
    9 years ago

    And what will the BBB do for you, they are a joke. Chamber of Commerce? Really?

  • shiltsy
    9 years ago

    What they will do is warn future customers.

  • MFatt16
    9 years ago

    I agree with millworkman. If I recall, businesses have to join the BBB to have public reports available. IMO, it is not a good idea to join if you plan to practice shady business.

  • millworkman
    9 years ago

    "What they will do is warn future customers.",

    But that will not help the op.

  • HU-9969979
    5 years ago

    Hopefully I am doing this the right way. The issue I have with a mover is that my household goods that were picked up on May 29, 2018 in Rancho Cordova, California with a estimated delivery of within thirty days to San Antonio, Texas haven't been delivered yet by the mover. I have several communications with them in which they said it will be delivered but until today August 26, 2018 they have not delivered yet. PLEASE, your assistance on the expeditious delivery of my household goods is highly appreciated. My email is filamordoronio@yahoo.com. Thanks.

  • jn3344
    5 years ago

    Sadly, no. This is simply a public forum.

    Did you contact the moving company? Which one was it?