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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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The same topic, I don't know if you still remember this.

Customer Question

Hi, the same topic, I don't know if you still remember this. Here's some update, I filed a court claim with Fedex, but thanks to my stupidity, I put the local Fedex ship center's name and address on it, and clearly it's not the right way to sue a company...So
it's been withdrawn. I'm planning to do it again, and I want to make it right this time. Here's some questions: 1: I searched the website of state secretary of Mississippi, and I found this business record called FEDEX GROUND PACKAGE SYSTEM, INC., I guess
this is the one that I should sue, but there is no information of the local ship office on the public file, so I can not for sure tell this is the business I should sue. Any way I can find it out? 2: Second, about which court can serve this case. I live in
Oktibbeha County of Mississippi, this is also the place the incident occurs. The local Fedex office locates in another county, and the registered address of the FEDEX GROUND PACKAGE SYSTEM, INC. I mentioned above is in another county in Mississippi. There's
different courts in these counties, which one can serve the case? 3. I read some comments online, and somebody says Fedex only has contract obligation with the sender, but not the receiver(I'm not sure about that), so if Fedex argue on this on court, it may
lead to a fail case. So I serious consider include the seller(sender) as defender as you suggested. But as I said before, it is a company located in New Jersey, they haven't registered any business in Mississippi. So I talked to the clerk in justice court,
they told me I can put a foreign-state defender on it, but the court will have to send a certificate to the defender and let them sign it. If they don't sign it, nothing they can do about it. Do you have any idea how this may work out? I'm so igorant about
the justice system of USA. Thank you for your time.
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
I thought I wrote this question to Andrea, she knows my case. In case it was distributed to another expert, here's my original post:
Hi, here's the case, I bought some cameras (worth totally $3500) from an online retailer in December 2014, after several days, the items were shipped out and destined to my home address in two separate packages. On Dec.11, I went home from work at about 6 p.m., I found the tracking information saying they were delivered and signed by "me". However, in fact, I was at work the whole day. It is impossible that I signed for that package. I contacted the shipping company Fedex directly, and later I got the feedback from the Fedex driver, he said he gave them to a latino guy who was standing at my doorway smoking cigarettes. (which does not match my appearance)The signature they obtained was completely scratch.(the package requires direct signature, so the irresponsible driver updated the tracking information with "me signed it".) I called the police later, but they are not able to narrow down a suspect for me. I tried to let the online seller to intervene to help me dispute with Fedex, but he refused because they say the tracking info says I signed for the package, nothing they can do about it. After trying many ways of solving this case ending in failure, I have no choice but to file a small court claim with Fedex (or the seller?). I want to know is it proper for me to do that? Do I have good chance of winning this case?
Expert:  Andrea, Esq. replied 1 year ago.
Your thoughts about Small Claims Court are correct. You should name both the seller and the shipper as defendants. You received nothing for the payment you made to the seller. Also, Fed Ex has a responsibility to deliver merchandise to the intended party. If FedEx chose to leave the merchandise with an individual without asking for identification, then FedEx’s insurance will have to pay for the mistake made by FedEx. When you go to Small Claims Court, you will show the Judge that you paid for the merchandise. The burden of proof will then be on both the seller, but especially on FedEx to prove to the Judge that they delivered the merchandise to you. FedEx will show the signature they received. You will then show your signature to the Judge and also show the Judge your signature on other theings such as your vehicle registration and your driver’s license and the Judge will clearly see that you did not sign anything for FedEx’s purported delivery to you. You have an excellent chance of winning. Do not forget to ask for your Court costs and filing fees because the Judge has the power and the authority to award those to you, as the winning party. If I have Answered your question, Please be kind enough to leave a positive rating, It will NOT cost you anything, but it is the only way that JustAnswer will give me credit for assisting you. Bonus and positive feedback are greatly appreciated, Kindest Regards, ANDREA
Expert:  Andrea, Esq. replied 1 year ago.
PS Forget what you were told about not being able to sue FedEx in your State. You can have the FedEx office in your State served with the Court papers because FedEx is subject to your Court’s jurisdiction because it does business in your State.Kindest Regards, ANDREA
Customer: replied 1 year ago.
Hi, I think you didn't read my post clearly. I listed three questions in the post. If possible, answer those one by one. In summary, I need the answers about 1: How to find out the accurate registered name and address of the Fedex office. 2: Which court can serve serve my case? 3. What can I do about the foreign state seller.
Expert:  Andrea, Esq. replied 1 year ago.
FedEx does not have a “registered” office in every state. Naming the FedEx Office that had the responsibility of delivering to you is good enough for purposes of the Complaint; The Small Claims Court in your area will have jurisdiction and can adjudicate the case; If the seller does not "do business" in your State within the meaning of our State's Rules of Civil Procedure, then you might not be able to sue the seller. But, I might be able to tell you more, if you tell me how you came to putchase the item from this seller. So, please let me know, or give me more details of the transaction, Okay ? Kindest Regards, ANDREA
Customer: replied 1 year ago.
Thanks for answering.
1. I have tried putting the fedex office and its address on the claim, but the judge told me the response is this address is not available. I don't know why, but I figure it's because I'm suing a business, I need its registered name and address.2. When you say "my area" do you mean the county court of where the incident occurs?3 The seller's name is ***** ***** in NJ. and they sell items on eBay. I bought it from eBay.
Expert:  Andrea, Esq. replied 1 year ago.
I do not know how the Judge got involved in serving the Complaint on any defendant because in Small Claims Court, it is the Clerk that handles serving the Complaint on a Defendant. But, if the Court wants the main office of FedEx to be served, then ask the Court Clerk to serve the Complaint on the main Office of Federal Express which is as follows :
3610 Hacks Cross Rd
Memphis, TN, 38125 United States
If you need to contact them, their telephone number is ***** follows -(901)(###) ###-####
2. "Your area" would mean the Small Claims Court which has jurisdiction of the area in which your residence is located and where the merchandise was delivered;
3. Whether or not a New Jersey seller would be subject to the Jurisdiction of the Small Claims Court would depend on how much business the seller did in your State. Give his address to the Clerk in Small Claims Court and they will serve the seller. It will then be up to the seller to come in and object to the Court's jurisdiction over them.
Please let me know if you need anything further,
If I have Answered your question, Please be kind enough to leave a positive rating, It will NOT cost you anything, but it is the only way that JustAnswer will give me credit for assisting you.
Bonus and positive feedback are greatly appreciated,
Kindest Regards,
ANDREA
Customer: replied 1 year ago.
1. About the address unavailable issue, I will go to the justice court again to ask them about what really happened. The corporation that delivered my package is actually Fedex Ground, not Fedex Express, they seem to be two different division. I found a registered file from the state secretary's website. It's been attached. Do you think I can use the name and address on it?2. OK, I'm clear now about where to file the claim. Thanks.3. OK, I see what you said. I also did a little search, about the "amount of business". There seems to be this concept called "Minimum Contacts" right? I think this is what you talk about. If I want to put the seller as defender, I still need to find out its registered name and address right?
Expert:  Andrea, Esq. replied 1 year ago.
You can use FedEx Ground as the Defendant and have them served at the address they have given to the Secretary of State. As for the seller as Defendant - you are correct in determining their status, but as I stated in my previous Answer, name and serve a party and then the burden is placed on them to come in and argue that they are not subject to the Court’s jurisdiction. Bonus and positive feedback are greatly appreciated, Kindest Regards, ANDREA
Expert:  Andrea, Esq. replied 1 year ago.
I see that you have reviewed my Answers. Is there anything that I can clarify for you ? If not, please leave a positive rating so that JustAnswer will give me credit for assisting you. It will not cost you anything to leave a positive rating, but without it, JustAnswer will not give me credit for assisting you. Thank you for understanding,
Kindest Regards,
ANDREA
Customer: replied 1 year ago.
I will definitely leave the rate. But I'm planning to file the claim next Monday and confirm these facts with the clerk, and see if there will be some other questions. I realized if I rate you now, I will not be able to write to you anymore.
Customer: replied 1 year ago.
Don't worry, I will leave positive rating.
Expert:  Andrea, Esq. replied 1 year ago.
Thank you for the compliment, I appreciate it. But, JustAnswer's rules require us to tell customers that new questions must be posted in a different thread. A question is considered "new" even though it might be on the same subject AS a previous question,
ANDREA
Customer: replied 1 year ago.
I tried filing the case with the clerk in justice court. Here's the defendant's name and address I wrote on the declaration(below are the registered agent's information of "Fedex Ground Package System, INC", you can find it in the attached file in our previous conversation):
Name: CT Corporation system
Present Physical address: 645 Lakeland East Dr, STE 101, Flowood. MS, 39232
Present Mailing Address: 645 Lakeland East Dr, STE 101, Flowood. MS, 39232The clerk suggests me to put an individual's name on the "name" part, or it may suffer risks that no one replies to the garnishment. And I later found out that the CT Corporation is a company that serves other companies as registered agent. Clearly, Fedex is one of their client.I'm confused. What exactly should I fill in the three blanks?(name, physical address, mailing address)
Right now I'm thinking filling it this way:
Name: Fedex Ground Package System, INC
Physical Address:***** Moon Township, PA 15108 (Fedex's principal office address)
Mailing Address: 645 Lakeland East Dr, STE 101, Flowood. MS, 39232 (Fedex's registered agent: CT Corporation's address)
Customer: replied 1 year ago.
Hi, are you ignoring my response? If I can not hear from you, I have to leave a negative rating. Please understand I have to check with the county clerk before I can give you rating. Last time you told me to fill in the Fedex office's address, I did as you said and my case got dismissed, and it cost me $65. You clearly are not very familiar about filing a small claim court case against a business. Your previous answers are not clear enough and you miss my point of conversation multiple times, all of which make doubt your profession. You told me to put the registered agent name on the paper, however, the registered agent proxy "CT Corporation" can not be the defendent's name as I know. If you can not respond tonight, I will leave a 1 star rating. I'm sorry.

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