Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

The same topic, I don't know if you still remember this.

Customer Question
Hi, the same topic, I...
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it's been withdrawn.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: 3 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 3 years 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?
Answered in 1 day by:
7/3/2015
Criminal Lawyer: Andrea, Lawyer replied 3 years ago
Andrea
Andrea, Lawyer
Category: Criminal Law
Satisfied Customers: 12,554
Experience: 25 yrs Criminal Defense, Real Estate & Business Law, Family Law, Immigration, Employment Law
Verified
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
Ask Your Own Criminal Law Question
Criminal Lawyer: Andrea, Lawyer replied 3 years 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
Ask Your Own Criminal Law Question
Customer reply replied 3 years 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.
Criminal Lawyer: Andrea, Lawyer replied 3 years 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
Ask Your Own Criminal Law Question
Customer reply replied 3 years 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.
Criminal Lawyer: Andrea, Lawyer replied 3 years 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
Ask Your Own Criminal Law Question
Customer reply replied 3 years 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?
Criminal Lawyer: Andrea, Lawyer replied 3 years 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
Ask Your Own Criminal Law Question
Criminal Lawyer: Andrea, Lawyer replied 3 years 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
Ask Your Own Criminal Law Question
Customer reply replied 3 years 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 reply replied 3 years ago
Don't worry, I will leave positive rating.
Criminal Lawyer: Andrea, Lawyer replied 3 years 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
Ask Your Own Criminal Law Question
Customer reply replied 3 years 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 reply replied 3 years 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.
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Andrea Your Own Question
Andrea
Andrea
Andrea, Lawyer
Category: Criminal Law
Satisfied Customers: 12,554
12,554 Satisfied Customers
Experience: 25 yrs Criminal Defense, Real Estate & Business Law, Family Law, Immigration, Employment Law

Andrea is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
A person mailed a very small amount of oil from denver to
A person mailed a very small amount of oil from denver to kansas- probably twenty dollars worth (no idea on this kind of thing but nowhere close to felony amount). It was seized immediately. The sende… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
For the very first time, I ordered online suboxone from a US
For the very first time, I ordered online suboxone from a US online pharmacy. I have a prescription with my doctor, but of course this was just buying meds. DEA got the package before it was delivered… read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
I had my packages sent to a pack and ship company because I
hello, i had my packages sent to a pack and ship company because I am overseas. I usually ship toys and computer parts. This week when I check the tracking of my packages they all showed seized by law… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Online seed order. can I refuse package? minnesota, no has
I made a stupid move in ordering tried to cancel but too late its on its way. Don't want it don't want a refund… read more
Maverick
Maverick
Doctoral Degree
6,336 satisfied customers
My son just called and said he had been arrested that he
Hi My son just called and said he had been arrested that he singed for a package and it was from Germany he said he did not know anyone and wrote return to sender with the intent of later contacting t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Was detained trafficking. Yet received or possessed
Was detained for drug trafficking. Yet received or possessed no drugs. Charging pending and they took my phone for evidence. How can i be charged for trafficking if i never possessed said package of a… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
I am on the Unlimited Question Subscription and I do tip well > I
I am on the Unlimited Question Subscription and I do tip well > I preferr to receive my answer the standard response way, Thank You > Is there any possibility in suppression of evidence based on… read more
S. Huband, Esq.
S. Huband, Esq.
Attorney
Doctoral Degree
1,621 satisfied customers
I had question about a case being dismissed yesterday. I
I had question about a case being dismissed yesterday. I thought there also had to be some kind of order signed by DA and judge. In this case there is something called "Amended Disposition Minute… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Hi, I want to ask about a purchase. I noticed a person on
Hi, I want to ask about a purchase. I noticed a person on a website who has 2 guns for sale in Ohio. We emailed each other several times. He gave me his bank acct number and mailing address. I did a p… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Hello there, My 22-year-old daughter ordered Xanax from an
Hello there, My 22-year-old daughter ordered Xanax from an online pharmacy, with no MD prescription, paid with her credit card and accepted delivery from a package that clearly came from India. Needle… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,640 satisfied customers
hi last monday i ordered 100 pills of ecstasy from a company
hi last monday i ordered 100 pills of ecstasy from a company overseas in the Ukraine. It never came . They said it would arrive on thursday and this past monday I called to say it never came and all o… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
1,640 satisfied customers
I think I may have committed mail fraud.Long story short, I
I think I may have committed mail fraud.Long story short, I dated a woman who sent items out for me via her fed ex account. Then sometimes, I used the account where I used my first initial last name a… read more
Legal-Guru
Legal-Guru
Attorney at Law
Juris Doctorate
1,354 satisfied customers
I ordered some ED meds online that said there was no prescription
I ordered some ED meds online that said there was no prescription needed. Did i do something wrong?… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,016 satisfied customers
Website was selling a diet pills very cheap. i bought them
Website was selling a diet pills very cheap. i bought them from the website. When the package did not arrive, I inquired and found out that the diet pill itself is not banned but the substance in it i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
On Tuesday 9/20 - a package was delivered and left at my doorstep
On Tuesday 9/20 - a package was delivered and left at my doorstep via FedEx. The shipper notified me that there had been a "mix-up" of the packages and that I had received another person's package. Dr… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
I have no prior contact with the criminal justice system. So,
I have no prior contact with the criminal justice system. So, do you suggest that I simply hold off from contacting the seller in a "mea culpa" sort of fashion? I'd hoped to get out in front of it and… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
my daughter had a drug problem and she has dealt with it for
my daughter had a drug problem and she has dealt with it for along time, anyway, my brother in law got a package delivered to him from fedex in his sons name, it had her address on it but was delivere… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
An individual bought a cd player from me and use the ...
An individual bought a cd player from me and use the services of paypal to pay for the piece of equipment. In receiving the money, i took the cd player to the ups store to be packaged and shipped by t… read more
jamest
jamest
High School or GED
194 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x