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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 110445
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Hello, Fedex broke my TV that was properly packed and accepted/shipped.

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Hello, Fedex broke my TV that was properly packed and accepted/shipped. The shipment was insured by $1000. I initiated claim to recover the loss, however FedEx declines to pay without detailing their decision. I am going to bring an action against them in Illinois State Court as a small claim. Questions: is it possible to sue them in my state? How may I get witness the FedEx driver that accepted the TV? I only know his first name? What form should I use/fill?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

You can indeed sue FedEx in your state in the IL small claims court. You have the IL court site from the previous question. The forms you file are the same (3310 and 3312), the complaint and summons and you would serve the local FedEx branch office using a process server to serve them.

Once you file your suit and serve them the complaint and summons. You will then have to file a "Motion for Leave to Conduct Discovery" pursuant to IL SCR 287 and ask the court to allow you to send interrogatories to FedEx to learn the full name of the driver who picked up your TV so that you can have the proper name of your witness for the case and the court will grant that order.

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Customer: replied 3 years ago.

Thank you. After I get the drive's name how may I ask the court to call the driver for the witness stand? Is there any forms that I have to fill?

You would obtain a subpoena form from the clerk who signs the subpoenas before they are issued.
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