Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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.

Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
3/7/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,368
Experience: 30 years experience representing clients.
Verified
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.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Legal Question
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?
Ask Your Own Legal Question
Customer reply replied 1 month 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?
Ask Your Own Legal Question
Customer reply replied 1 month 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?
Ask Your Own Legal Question
Customer reply replied 1 month 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?
Ask Your Own Legal Question
Customer reply replied 1 month 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?
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
Ask Your Own Legal Question
You can also file a report online with the FBI at www.ic3.gov.
Ask Your Own Legal Question
Customer reply replied 1 month 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.
There is no additional charge to you for rating me favorably.
A bonus is not expected, but is always appreciated.
Thank you for using JA.
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,368
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 37,368
37,368 Satisfied Customers
Experience: 30 years experience representing clients.

Loren 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:

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

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

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

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I was contacted by a person who I think I went to school
I was contacted by a person who I think I went to school with years ago. Anyway they asked if I had received my international money fund. So to make a long story short she gave me an agents phine numb… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I have been phone calls from a phone number saying that they
I have been phone calls from a phone number saying that they are going to fill paperwork from a paid day loan they said I defaulted on. I called the loan company and they advised that I do not have an… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Looking for an attorney for my rights dealing with social
Looking for an attorney for my rights dealing with social media. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
Just recd. text from Vantari Genetics saying I owe them
Just recd. text from Vantari Genetics saying I owe them 204.34 do not know who these people are or why I would owe them any money … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I am trying find out if two persons identifying themselves
Hello. I am trying find out if two persons identifying themselves as SSG ***** ***** and SP4/Sgt John Carrillo are indeed military personnel working a scam or scammers using photos of military personn… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I received a call that contacted my job and I called him
I received a call that contacted my job and I called him back yesterday about an unpaid online loan of mines from 2013 the more I think bout it believe it to be a scam … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
What can i do about a collection agency attempting to
what can i do about a collection agency attempting to collect on a charged off debt … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
This is complicated and I hope you can help me. California
California but these people they get to anyone from any state even from out of the country … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Hotels and Getaway phoned me in June 2017. The man who
Hotels and Getaway phoned me in June 2017. The man who called me said he would like to sell my timeshare. I told him I already had sellmytimeshare.com trying to sell it and I payed the 2000 advertisin… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Someone has been giving out my phone number as theirs. I
Hello, someone has been giving out my phone number as theirs. I receive a large volume of calls intended for this person. I want to know if it is (1) possible to stop these calls from coming and (2) l… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
Received phone call, stating I won over two million dollars,
Received phone call, stating I won over two million dollars, last night, suspecting a scam. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Is there any hope of recovery of monetary losses after being
Is there any hope of recovery of monetary losses after being scammed? … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
I am being extorted by someone or group from Burkina Faso in
I am being extorted by someone or group from Burkina Faso in Africa, atleast that is were they wanted the money to go. I tried walking into the local FBI office in Auburn Alabama but the office has cl… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Several months ago a women propositioned me for phone sex. I
Several months ago a women propositioned me for phone sex. I had never had contact with her before that. I'm embarrassed to say i accepted the offer. We swapped video's. She then demanded money from m… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
I got a text message on my phone that said to apply for a
I got a text message on my phone that said to apply for a grant. I did and it said that I was approved for $5,000.000.00 and to open an account with UGW credit union to receive the money. It also said… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,659 satisfied customers
We have had an unusual transaction with a person who has
Hi we have had an unusual transaction with a person who has stated they have paid us and forwarded a paypal receipt. I am unable to find the monies , there are also other issues with the transaction t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 satisfied customers
I am being cyber bullied and defamed. They are calling me a
I am being cyber bullied and defamed. They are calling me a hooker on the internet from Tucson. Does thiis qualify as defamation of character? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am a victim of a failed blackmail scam attempt. You tube
I am a victim of a failed blackmail scam attempt. You tube has aided and abetted the criminal who's profile is "Lesly ***** *****" despite that I have flagged the video for 3 days. This is the fourth.… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,716 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