Attorney Card
As you all know, I'm not a practicing attorney. I do have my license, and my job does deal with a major government agency, but I do not actually practice law. Every now and then I do bring the hammer down on someone and it's fun.
In December I received in my preorder of the JLA three piece statue set I got off eBay. Two of the pieces were fine, but the Superman and Black Canary pieces were not. Superman was off the base and Black Canary was apart at the seam of her leg. Honestly, a little bit of glue and there would have been absolutely no telling. I ordered an unbroken piece though, and it was insured. I contacted the seller, and started the UPS claims process, with no big deal. UPS picked it up on Dec 29th. I have been able to track the claim process somewhat on their site, but I'm really out of it. For some reason UPS gives the claim money to the shipper, and not the person that received the package. For the past two months or more it has been stalled out, and I've emailed the seller and the emails were less and less detailed, where the last one just said, "okay". At this point I figured I'd been screwed over, but I'm laid up recovering, in pain, and pissy, so I took action.
I wrote to UPS and said that I wanted an update, that the item is actually my personal property under the law and wanted an update on the claim, and if it is not being processed I wanted the item back. They told me they returned it to the seller on January 7th. I really haven't heard anything from him since then, so I was pissed.
I did some hunting on the net and through my statue collecting community and was able to get an address and phone number. So at 10:30 CST on Friday night I gave the douche bag a call. I got a voicemail and left a message. I also sent the following email that says about the same thing:
Damaged Item Escalation
Rich,
I just left a voice mail message for you at (xxx)xxx-xxxx. I spoke with UPS earlier this week and it seems that my damaged item (JLA Build a Scene Black Canary and Superman)was returned to you through their claims process on January 7th. It is now March 13 and I have not heard a single thing from you besides, "okay". If I do not have a tracking number for a replacement piece or a refund of $150.00 in my PayPal account by Friday, March 20th, I will be filing suit against you in the Washington County Court, in Fayetteville, Arkansas.
You may wonder why someone would waste the money to hire a lawyer to do something for such a small fee. I don't have to, as I am a licensed attorney in the state of Arkansas. If I do have to resort to filing and you do not show up for the court date a judgment will automatically be entered against you. I will then file that judgment in your home state and a lien will be put against your property until it is satisfied.
I would prefer not to take such measures, but I am tired of my communications not being responded to and finding out you have had the item for over two months has angered me.
If you would like to contact me I can be reached here by email or at xxx-xxx-xxxx.
Thank you,
Brian Newberry
I never received a follow up call or email, but Saturday night around 7 I got tracking info from UPS for a shipment from him. Jason said it's probably going to be a turd in a box. Either way, for now I feel vindicated.
In December I received in my preorder of the JLA three piece statue set I got off eBay. Two of the pieces were fine, but the Superman and Black Canary pieces were not. Superman was off the base and Black Canary was apart at the seam of her leg. Honestly, a little bit of glue and there would have been absolutely no telling. I ordered an unbroken piece though, and it was insured. I contacted the seller, and started the UPS claims process, with no big deal. UPS picked it up on Dec 29th. I have been able to track the claim process somewhat on their site, but I'm really out of it. For some reason UPS gives the claim money to the shipper, and not the person that received the package. For the past two months or more it has been stalled out, and I've emailed the seller and the emails were less and less detailed, where the last one just said, "okay". At this point I figured I'd been screwed over, but I'm laid up recovering, in pain, and pissy, so I took action.
I wrote to UPS and said that I wanted an update, that the item is actually my personal property under the law and wanted an update on the claim, and if it is not being processed I wanted the item back. They told me they returned it to the seller on January 7th. I really haven't heard anything from him since then, so I was pissed.
I did some hunting on the net and through my statue collecting community and was able to get an address and phone number. So at 10:30 CST on Friday night I gave the douche bag a call. I got a voicemail and left a message. I also sent the following email that says about the same thing:
Damaged Item Escalation
Rich,
I just left a voice mail message for you at (xxx)xxx-xxxx. I spoke with UPS earlier this week and it seems that my damaged item (JLA Build a Scene Black Canary and Superman)was returned to you through their claims process on January 7th. It is now March 13 and I have not heard a single thing from you besides, "okay". If I do not have a tracking number for a replacement piece or a refund of $150.00 in my PayPal account by Friday, March 20th, I will be filing suit against you in the Washington County Court, in Fayetteville, Arkansas.
You may wonder why someone would waste the money to hire a lawyer to do something for such a small fee. I don't have to, as I am a licensed attorney in the state of Arkansas. If I do have to resort to filing and you do not show up for the court date a judgment will automatically be entered against you. I will then file that judgment in your home state and a lien will be put against your property until it is satisfied.
I would prefer not to take such measures, but I am tired of my communications not being responded to and finding out you have had the item for over two months has angered me.
If you would like to contact me I can be reached here by email or at xxx-xxx-xxxx.
Thank you,
Brian Newberry
I never received a follow up call or email, but Saturday night around 7 I got tracking info from UPS for a shipment from him. Jason said it's probably going to be a turd in a box. Either way, for now I feel vindicated.