Need Advice: Apartment's front office lost my package

[AndrewR]

I faced the EXACT SAME situation several years ago with a complex that refused to cooperate with me. Initially, one of the assistant managers said they would pay for the package, but he was overruled by the property manager a couple days later (he [asst mgr] later quit the company because he hated them).

Anyway, the property manager tried to disclaim any responsibility for the package so I took them to small claims court. It's easy to do, but I will give you a warning. I would have won the case except for the fact that I could not produce a witness to testify to the contents of the package. I had a signed affidavit listing the contents, but it wasn't admissable in court as proof of the contents.

I'll write more later. PM if you want some advice on the small claims action.

 

[mugs]

Originally posted by: AndrewR
I faced the EXACT SAME situation several years ago with a complex that refused to cooperate with me. Initially, one of the assistant managers said they would pay for the package, but he was overruled by the property manager a couple days later (he [asst mgr] later quit the company because he hated them).

Anyway, the property manager tried to disclaim any responsibility for the package so I took them to small claims court. It's easy to do, but I will give you a warning. I would have won the case except for the fact that I could not produce a witness to testify to the contents of the package. I had a signed affidavit listing the contents, but it wasn't admissable in court as proof of the contents.

I'll write more later. PM if you want some advice on the small claims action.

I wonder if an invoice with tracking number would suffice?

 

[RaynQuist]

I got a notice stuck on my door saying UPS tried to contact me and will be back tomorrow 2:00~3:30. Not exactly work-friendly hours but I'll do it. They offered me to do it through phone but I'd rather do face to face. Any ideas on what they may try to pull on me tomorrow?

Originally posted by: AndrewRI'll write more later. PM if you want some advice on the small claims action.

Thanks you. Please do write more, or I can PM you if it does come to that.

 

[AndrewR]

Originally posted by: mugs

Originally posted by: AndrewR
I faced the EXACT SAME situation several years ago with a complex that refused to cooperate with me. Initially, one of the assistant managers said they would pay for the package, but he was overruled by the property manager a couple days later (he [asst mgr] later quit the company because he hated them).

Anyway, the property manager tried to disclaim any responsibility for the package so I took them to small claims court. It's easy to do, but I will give you a warning. I would have won the case except for the fact that I could not produce a witness to testify to the contents of the package. I had a signed affidavit listing the contents, but it wasn't admissible in court as proof of the contents.

I'll write more later. PM if you want some advice on the small claims action.

I wonder if an invoice with tracking number would suffice?

I am not sure. It might merit talking to the judge to see what would be admissible in the courtroom, if that's possible.

At the end of the day, I defeated their counterclaim for rent under the lease (we vacated before the end of the lease -- they relet the apartment and weren't entitled to anything), dragged them into court making them pay attorney's fees, and Harman Kardon (it was a JBL subwoofer) gave me 50% off anything in their inventory so I saved $350 on a home theater system that I still use today (at least the sub and two satellites). I enjoyed the experience.

To the OP:

Check the website for your county regarding small claims (or possibly called magistrate's court or something else), and there should be information on filing a claim/opening a case. When I filed, I think it was something like $45 plus $25 or so for a subpoena for a witness. It's probably more now.

Anyway, I just went to the government building, filled out a couple pieces of paper, paid my money, and received a court date. One thing: You need to figure out exactly who is the proper entity to sue. The lease agreement should have it, but it might also be a separate management company corporation/partnership or something like that. You can use your state's Secretary of State website to get accurate address information.

Also remember that you'll need to have names of witnesses that you want to subpoena, and it'll cost you money to force them to be there.

That's all I can think of off the top of my head. If you have any specific questions, let me know.

 

[Nik]

Wow, I didn't realize how many lawyers were members of the Anandtech forums.

 

[Dunbar]

Originally posted by: mugs
I wonder if an invoice with tracking number would suffice?

Yes it would, it sounds like AndrewR got a personal package from an individual so he had no proof of the contents. An invoice with a tracking number would be sufficient proof. Request a copy of the actual signature for the package from UPS (I know FedEx offers this on their website). Honestly, I don't see how an apartment complex can say "once we sign for your package we have absolutely no responsibility for it". They could choose not to take delivery of any resident packages (for which they'd get tons of $hit) but not unilaterally exempt themselves from responsibility...