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A mexican courier lost my package that contained a cashier's…

A mexican courier lost...

A mexican courier lost my package that contained a cashier's check in my name. The Mexican customs opened the package and took pictures of the contents before turning it back over to the courier. The courier service indicates I need to sue them in court to prove my loss. I have an attorney who says it will cost me $7000 in court costs and filing fees, yet I believe Mexico does not charge court fees. I'm not sure how to proceed.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

I am in Virginia, but the courier was delivering the check from Mexico City, and the check went missing somewhere between Tijuana and here.

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had to pay a fine of 8% on the check because the package was not accompanied by a customs declaration, which is why the custom office took pictures of the package contents.

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Answered in 6 minutes by:
3/7/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,260
Experience: 30 years experience representing clients.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
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Was the check being sent to you, or were you the sender?
What was the check paying for?
Why not just wire the funds from bank to bank?
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Customer reply replied 5 months ago
The check was sent from Scotiabank to me. The check was forwarding funds received from CTrip corporation for the purchase of my timeshare. The bank originally tried to wire the funds to my BofA account, but they dropped a 0 from the middle of the router, so it bounced back to Scotiabank. I discussed the situation with Scotiabank who claimed they used the router number provided by CTrip...CTrip said they provided the correct router..he said she said. Ultimately I provided confirmation of the correct router number, but instead of wiring the funds, the bank manager decided he didn't want anymore confusion about router numbers, so they created a cashier's check and used Courier Express to deliver the check to me. They gave Courier Express the wrong address, but I contacted the courier and corrected the address. When the check hit the border crossing, customs did not see a customs declaration, so they opened the package, took photos, and charged me an 8% fine for not declaring funds crossing the border. I paid the fine and they released the package back to the courier...and now the package is lost. The courier service says I have to file a court case in Mexico that will show proof of what was lost. The case must be filed by a Mexican lawyer, and the one proposed to me says it she'll charge $3500 retainer, plus $3500 if we win the case. She also said there would be court costs and filing fees, but from what I can see online, the Mexican courts do not charge court fees...so I'm confused, frustrated, and more than a little angry...and don't know how I should proceed.
Have you spoken to the purchaser of the time share? Who selected the courier?
Was the courier bonded?
Is it possible that this is a scam to get you to send money and there never was a sale of your timeshare?
How were you contacted to sell the timeshare?
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Customer reply replied 5 months ago
Communication between me and the purchaser was through a broker. The bank selected the courier and did not tell me of their choice until after the courier had the package in hand. I considered the possibility of a scam, yet the customs office at Aduana indicated there was a package and confirmed its contents. If it is scam, it involves multiple entities. CTrip is a company that is buying up multiple timeshares, and my timeshare organization indicated that they were getting multiple requests from owners selling to Ctrip. Was the courier bonded? I have no idea because I didn't select them. So...I don't know if this is a very elaborate scam, a portion of this is a scam, or I'm simply dealing with incompetence by multiple parties...ergo, I'm not sure how to proceed.
Who referred you to the lawyer? How did customs contact you?
As a recipient, you have no liability for customs duties or penalties. Did you actually pay the customs penalty? To whom was it paid?
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Customer reply replied 5 months ago
The broker referred the lawyer, I received notice of my package interception via the tracking program of the courier, and called the number indicated. I questioned whether I would have to pay penalties for a package sent by a bank and was told by their custom's official that since it was my money, it was my responsibilty to provide the customs declaration and pay the fine since that was not done prior to it arriving at the border. yes, I paid the customs fine and have records of all payments made to each party.
You were not liable for the fine, which is nonsense over a missing declaration. There would not be a fine. It would just be rejected and kicked back to the sender. This is really sounding like you are being scammed.
Who is your bank contact? What is their email address?
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Customer reply replied 5 months ago
I have to leave for an appointment...can I pick up this conversation when I return?
Does the banker use a generic email, such as gmail? Is the name of the bank in the email? Have you looked up the bank and called them to confirm he is employed by them?
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Customer reply replied 5 months ago
No, all email addresses were company specific, phone calls to the bank were made and answered
Did you confirm the phone numbers through independent sources, such as googling the bank’s website or contact info?
If you need assistance finding local counsel in Mexico try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.t, that is where I would start. Also, find an attorney located in the same area as the bank and call them. This sounds like a timeshare sale scam.
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Customer reply replied 5 months ago
Should I contact a federal law enforcement agency?
Actually, you would probably want to contact your local police and see if they can provide some guidance for getting feds involved.
I would also contact an attorney in Mexico (not the one recommended by the broker) to see if they can confirm any information you have been given regarding the local parties in Mexico.
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You can also file a report online with the FBI at www.ic3.gov.
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Customer reply replied 5 months ago
Ok, thanks
You are very welcome.
If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,260
Experience: 30 years experience representing clients.
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