The Talking Machine Forum — For All Antique Phonographs & Recordings

Has anyone ever taken the US Postal Service to Small Claims Court.

Recently I sent a phonograph case with motor out to the West Coast from New Jersey and insured it for the full amount.

I have been shipping items for 15 years and never had an issue.

When the phonograph arrived, the motor board was split even though I padded the motor inside the case to absorb a little rough handling. The entire phonograph was wrapped with bubble wrap and then surrounded with peanuts.

The buyer took the item with packing to his nearest Post Office and they decline to take responsibility telling him that the item should have been packaged better.

Since I am retired and nothing better to do I would like to pursue this through small claims and was wondering if anyone on this site has ever pursued this as a remedy.

Unless sellers take the shipper to task weather it's UPS, USPS, FedEx, I feel things will never change. They have no problem charging for the insurance but when it come time to anti up, it always the sellers fault.

fmblizz

I'm sure some members have had to pursue this but when you buy the insurance, what are you insuring against- loss, damage, or both?

This happened to be the US Postal Service.

the insurance was for Loss or damage.

fmblizz

You probably could take them to court, but proving who is responsible for the damage will not be easy. You might be asked to provide evidence, for instance--

...that the item was, indeed, properly packaged according to US Postal guidelines. (That's probably the hardest thing to prove, considering all the variables--the item's age, weight, carton construction, packing materials used, etc.)

...that the item was not damaged prior to packaging.

...that, after packaging the item, you did not abuse it or subject it to abnormal shock by shaking it violently, throwing it up in the air or out a window, kicking it around your backyard, etc.

...that, after receiving the package, but prior to opening it, the recipient did not abuse it or subject it to abnormal shock by shaking it violently, throwing it up in the air or out a window, kicking it around his backyard, etc.

...that, after opening the package, and inspecting the undamaged item, the recipient did not accidentally or deliberately damage it somehow.

...that the item was not damaged as a result of exposure to temperature extremes such as freezing, etc. (This IS always a possibility if the package sat on an unheated tarmac in below zero temperatures for several hours.)

...that the item, because of its age, did not simply crack spontaneously regardless of how it was packaged or handled during transport.

There are probably several other issues that might come into play, but I think this gives you an idea of possible arguments against your case, as unfair as some of them may be.

DS

I agree but..

Then again the Postal Service and spend thousands of buck to send a high paid attorney to court to prove just the opposite.

Time is money unless your retired like myself and have nothing better to do but try to prove my case .

Blizz

I noticed you said that the "buyer took the item with packing to his nearest Post Office".

Was that just a desk clerk he spoke with, or the operator of the local post office? If just a clerk or local manager, the buyer may want to go higher up and find a regional manager.

Along this line, you might try checking at your local post office--where you physically mailed the package--to find out if there is a way to dispute this--who you or the buyer should contact, etc. The USPS is one of the most bureaucratic organizations on the planet, so chances are, the person the buyer spoke with does not have the final word.

In any event, good luck with this.

DS

My buyer who is on active on this site spoke with the supervisor or his local Post Office.

Since I am the one that actually took out and paid for the insurance, I think I have to touch bases with my local branch 1st.

It will be interesting I'm sure.

blizz

fmblizz wrote:...Since I am the one that actually took out and paid for the insurance, I think I have to touch bases with my local branch 1st.

That's actually hopeful.

This may sound corny or cliche, but, based on experience I've had with similar matters, I'd advise that--whomever you speak with--approach that person with a "sad smile" and a positive attitude--as if you were coming to them for personal help.

Ask how you go about doing this--what the process entails; explain that (they've helped you) ship dozens of similar items and that this has never happened before; ask what you will need to prove your claim, etc. (Don't let them know that the buyer had no luck with the so-n-so's on his end.)

Oftentimes, if they feel they are helping you, that gives them the feeling of having a personal stake in the matter, so they'll work to ensure that it's resolved in your favor.

Again, good luck, and keep us posted.

David S

I suppose it is always a bit of a crap shoot. I have had great luck with claims at the Post Office, mostly I suppose because I deal with a lady who really takes good customer service to heart. On the other hand, I have been taken by UPS to the extent that I will never use them again.

As far as going to claims court, there may be those hurdles to jump through, but then again some judges are sympathetic to us underdogs dealing with huge bureaucracies. Let us know how it all turns out.

Clay

Stay tune!!!!

Blizz