Asked in Business Law and Consumer Law for New York

Q: A carrier claimed they were returning my parcel but they have not. They ignored all my requests for tracking information

I used a freight forwarder address to ship perfumes. They forwarded my parcel via one of the largest carriers. This carrier ship the parcel from DE to NY. Then, they hold it in NY. I contacted them and they told me that they would return it to the shipper because it contains a flammable items. After several weeks, they told me that the parcel was returned. However, they have not returned it. I keep contacting them to get more information about my parcel like tracking number. At the beginning they told me that they were looking for the information but then they have not responded and ignored all my emails.

The main issue is that they claim it was returned but it was not.

How can I claim a compensation?

Which authority should I complain to?

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3 Lawyer Answers
Mitchell A. Nathanson
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Answered
  • Garden City, NY
  • Licensed in New York

A: See the shipping agreement as to the extent of liability. Often, if you declare a value and pay for additional insurance, you can make a claim. Otherwise, it will be difficult to prove the value of what was shipped.

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Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: If you have declared a value and have it insured the other attorney is absolutely correct that you should make a claim to the insurance carrier. If you spent only a small amount of money you should file a small claims action against the shipper in your local court or in the court where they have a presence.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Have a lawyer review the terms of your agreement and the specifics of the shipping problems. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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