Filed my first small claims lawsuit last week! UPDATE: Counter-claim! Woohoo!

[AndrewR]

My former apartment complex accepted a package sent from JBL for a warranty replacement (mistakenly sent to wrong address -- they had my new one but used the old) but then lost the package. No further information showing on UPS tracking so it didn't go back to JBL. No sign out for the package showing that another tenant picked it up. It's completely lost. Guy that was helping me from maintenance said that they would pay.

I send a letter confirming that and include JBL's product information sheet which has $150 list price. I receive a "courtesy call" (that's what she called it) from the apartment manager saying that they accept packages on behalf of tenants as a favor, and they could accept no responsibility for its loss. Well, I wasn't a tenant at the time, and they knew that. She said that they cannot inspect all the packages that come in because they don't have enough time -- sounds like something they need to discuss with UPS. I yelled at her on the phone and was basically completely unpleasant since this isn't the only problem I've had with them (if they don't return my security deposit in the next couple weeks, I'll file my second lawsuit against them!). So, I told her I would see her in court and went to the local government building and filled out the paperwork. Sued them for $203 ($150 plus filing fee).

JBL isn't responsible -- they shipped it out, and it was delivered. UPS isn't responsible -- it was delivered. I'm not responsible -- I never saw the thing. Apartment is responsible -- they signed for it and lost it. I'm looking forward to hearing from them. Damn, I hate landlords!

 

[PCAddict]

You oughta team up with GF and file a class-action suit against landlords in general.

Best of luck.

 

[abracadabra1]

gl dood.
you seem like you have a sound case- go get em!

 

[optoman]

Why wouldn't UPS be responsible for it? If it was shipped in your name and they let someone else sign for it then wouldn't it be UPS's fault for not delivering the package to the correct place? Just a question because the UPS guy won't deliver it to the main office unless I sign the little yellow slip and sign it. Then he'll drop it off at the office.

Edit: Good luck with the case!

 

[Tripleshot]

This isn't a slam dunk, friend. You need to get a copy of the document signed by the landlord. All deliveries by UPS require a signature (albeit digital). You should contact your local UPS shipper armed with the tracking number(you should be able to get the tracking 3 from JBL)and demand the record. If you get a run around,threaten legal on them(UPS). The record can be subpeoned as evidence,and that is the only hard evedence you have.

Good Luck. We all want you to win and win big.

 

[AndrewR]

I could make a case against UPS, but that would be far, far more complicated. The fact is that UPS delivered the package into the care of the Assistant Property Manager (the one who signed), and it's clear as day on the tracking website information. Whether or not it was misdelivered (and since this is a common practice for package carriers, there's probably law protecting them, or they wouldn't do it), it was lost while in the care of the apartment management. If the management had refused to sign for someone who wasn't their resident, the package would have been returned, and everything would be fine.

I was going to combine my security deposit case and this one, but the liability for the deposit is a little less definite since there will be factual dispute as to the end of the lease term since we vacated early but surrendered the apartment on Sept. 1 with only 30 days notice (but paid liquidated damages for one month, and they relet the apartment on October 1). If the lease ended on Sept. 1, they are late. If the lease ended on Oct. 1, they are not. However, they will be on Nov. 1 so I'm awaiting that date with some eagerness (after 30 days, they are liable for 3x the amount of the deposit). This case for the subwoofer is a slam dunk from my perspective, and I didn't want to mess that up with the security deposit claim. Now I just have to wait for the slow wheels of justice.

 

[AndrewR]

Good point, Tripleshot. The UPS headquarters is actually located here, and I work with an attorney who used to work there, so I have some connections (my mother also works closely with them). This is small claims court so the evidence threshold is a little lower than otherwise. I do have the printout from the web showing RAWLS (the name of the Assistant Property Manager), but I will contact UPS this week about an official record or prepare an affidavit for someone to sign about the authenticity of the webpage output.

 

[AndrewR]

One final point: I'm hoping actually that their attorney has a little more sense than to take this to court given the fact situation. If I were a tenant at the time, I would not have sued, but this makes their case quite tenuous. Besides, if an attorney reviews the complaint and the facts, prepares an answer after talking with the management, and then files the answer, they will have already spent more than $200 in all likelihood. A court appearance, especially waiting for the docket to reach this dispute, will cost even more (2 hours, perhaps @ $250/hour) -- putting them very far in the hole for a $200 claim. It's in their best interest to settle this. My company would, but these morons are just so stupid that we'll see what happens.

 

[Wedesdo]

bump from the dead

anyways, i was searing throug old threads when i found this. I am curious as to how it went. how was it?

 

[Rudee]

A buddy of mine who worked for UPS a couple of years mentioned this kind of thing happens all the time, however many cases are frauduent.

He says some people will receive the package from the Landlord in perfect condition, as the Landlord will often leave it next to the Tennants door. The dishonest ones will receive the package and claim they never received it. The Landlord will say "heh, I put it next to your door" . The Tennant will say "Well, I didn't get it". The Tennant will then try to cancel payment on the item or even sue claiming he never received the item, when in fact he did.

 

[Valhalla1]

I'd just go postal.

 

[AndrewR]

Rudee: I can understand that. However, in this complex, tenants are required to sign a sheet to evidence that the package was taken from the management building -- they (management) did not deliver packages at all. So, the only way you get the item is by signing your name. There was no signature on the list when I went to retrieve the package.

Update:
This is getting good. The bastards...er, I mean, the landlord has counter-claimed for one month's rent plus 10% late fee. LOL!! Why do I laugh? Because there is no legal basis for such a claim, and in fact, the claim is knowingly fraudulent by the landlord since they have retained my security deposit and failed to acknowledge that fact to the court (if they had retained the deposit against unpaid rent, something allowed under GA law, that's consistent with their claim -- however, they kept it and now want all rent as well; oh, sorry, Your Honor, didn't we mention that we kept the security deposit?).

Anyway, the gist of this counterclaim, to reiterate what I wrote above, is that we moved out without giving 60 days notice (we gave 30). We had some serious concerns about the management of the place as it had been heading downhill for awhile. There was trash everywhere, and maintenance calls went fairly unheeded in some cases. In any event, we found a new place to leave but had to do so with only 30 days notice. I asked for a concession from them in light of our documented management lapses, and they refused to discuss it at all. So, we moved out on Sept. 1 and surrendered our keys. We paid one month's rent plus an additional $26 for Oct. 1, which equates to a full thirty days liquidated damages as specified in the contract. In addition, I wrote on the rent check, "In full accord and satisfaction of liquidated damages".

Now, we vacated and surrendered possession -- they accepted. Thirty days later, all of which was covered by the check they cashed for our rent/liquidated damages, they relet the apartment to someone else, which continued their cash flow. They have no plausible claim for damages since they were not damaged. There was no break in the rental of the apartment other than the period covered by the amount paid. They are NOT entitled to any more rent (we weren't there), they aren't entitled to liquidated damages (not enforceable as a penalty, they were not damaged -- they mitigated), they have no claim. PLUS, they have our security deposit and have no plausible claim for why it was not returned within 30 days after the expiration of the rental agreement, as specified in GA law. Therefore, I will counter their counter-claim with a demand for treble damages -- 3x the security deposit ($375 total), plus the $26 for Oct. 1, since renters moved in on that date. I will also request punitive damages for violation of the Georgia Fair Business Practices Act (something like that, can recall the exact name) just for fun.

I've run this by several attorneys I work with, and they agreed that the rental company has no possible claim for damages. The 3x security deposit and the rest is a stretch, but I can't get is if I don't ask. I need to file my answer this week, and it should go to trial in about 60-90 days. I'm considering hiring counsel for myself since I really don't have time to deal with it. With minimal prep time, I can probably do it on contingency (or even for a minimal fee, since I have some professional contacts).

There, that's about where it stands now.

 

[Cybordolphin]

And the plot thickens....

You should get all your proof in order. Copies of any signed acceptance forms (for the package)... and now you also need to address the vacating without proper notice bull. You will need to have evidence to back up why you breeched your contract. You could lose that fight.

Are both cases being heard at the same time?

Rememeber.... in civil suits... it is purponderance (not sure I spelled that one correctly...lol) of evidence that prevails.

You might want to catalog all of your evidence and list it.
For instance "exhibit" a,b,c,d, etc.. Make copies for everyone to be able to follow along with your argument(s).