2. misc-audio
  3. 1017799222

I need help with getting monies back

I purchased an amplifier from small amplifier manuf. in Lubbuck TX back in Nov. of 2001 and returned it for a refund in about 20 days of receipt. I shipped it by FedEx 3 day air insured for $2,500, the purchase price. About 5 days later, the owner informed me that he never received the amplifier. I immediately contacted FedEx and they did show delivery confirmation, although they have a release of signature on file so they left the amplifier at door. The owner claims that no release exsists so it was my responsibility to file claim but also stated that in the event that the claim was denied he would pay.

Well, I filed a claim and it was denied in Feb. and then followed up with an appeal which was also denied based on the fact that FedEx maintains that there is a valid release of signature on file.

Two weeks ago he sent a personal check to cover the 2,500 but stated that he needed a large order to come in, in order to cover the funds. I have repeatedly called his bank and they state that there are insufficient funds. What should I do at this point??
I think I have been more than patient in this matter. It is now over 5 months since the return of the amplifier.
Ag insider logo xs@2xlhunsic105
gboren
143 posts
 
Lhunsic:
Presumably, if you were the shipper and you purchased the insurance, you had the right at the time of shipping to dictate terms of delivery. So, if they have a release of signature on file, that release had to be signed by you to permit them to leave it at the door. Did you sign it? If you deny having signed it, did they give you a copy of the shipping document showing your release of confirmation? If they cannot produce the release and you did not sign one, you should sue FedEx in your local small claims court.

If you in fact did sign the release of confirmation, and he in fact never received it, you are stuck. But what I find curious is that a guy strapped for cash who denies having received the amp would then nevertheless agree to write you a check for $2,500.00. I know if I had been him, and if I had honestly never received it, I would have called the police to report a theft and sent you a copy of the police report with my apologies. But a check? No way.

Your options (such as they are): Call the police with a charge of theft, or file a suit in Lubbock TX to get your money back. Good luck.
Post removed 
sktn77a
41 posts
 
Well, if he's bounced a check for $2500, he's in BIG legal trouble now - it IS against the law! Advise him of this and that you intend to file a complaint and start legal proceedings. The guy is a crook and needs to be treated as one.
speakerdude2000
44 posts
 
Greetings Lhunsic, First you need to deposit the check into your account and have it returned, stamped NSF, then you hand it over to the D.A. and they will take it from there and usually get your money to you rather quickly. In the mean time I hope you have a back-up amp so you have your system running.
ljgj
955 posts
 
I agree with Sktn77a - go after the hot check writer.
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