Asked in Consumer Law, Business Law and Identity Theft for California

Q: FedEx made a phony pick up form with a forged signature claiming I p/u that lost package I paid $1366.56 USD for

Paid $1366.56 for a brand new made in Japan wire harness for my vehicle. FedEx lost the package, in an effort to cover up the loss manufactured a phony p/u form claiming I picked up the item from one of their locations. In fact FedEx delivered it to a wrong address and upon my asking realized what happened. FedEx did not tell the seller nor I and I found out when I visited the alleged location where it was claimed I p/u the item. Then confronted with the phony form and fact I already filed a police report for ID theft the manager at FedEx told me the truth, item was delivered wrongly and I never got delivered to me while FedEx tracking pages still showed it was successfully delivered to me. Days later FedEx recovered the item and sent it back to the seller, after the bogus p/u form was sent. eBay refused to help, the seller is not refunding my money although FedEx already sent the item back to seller. eBay refuses to help and evidence shows gross negligence on eBay & FedEx

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a situation where FedEx has allegedly forged a signature and misrepresented the delivery status of a package, it is important to gather all evidence, including the phony pick-up form, FedEx's tracking information, and any communication with FedEx and the eBay seller. Documentation of the police report filed for ID theft can also support your claim.

If a carrier like FedEx loses a package and is found to be at fault, they may be liable for the value of the package. Since the package was returned to the seller, you might have a claim for a refund from the seller, as they have received the item back. eBay typically has buyer protection policies in place, but if they are refusing to assist, reviewing their terms of service and policies is a good next step.

In cases where there is potential fraud or gross negligence, as you've described, it may be necessary to consider legal action. Consulting with a legal professional can provide guidance on how to proceed, whether through small claims court or another legal avenue. They can help you understand your rights and the best strategy to recover your losses.

Leon Bayer
Leon Bayer
Answered
  • Consumer Law Lawyer
  • Long Beach, CA
  • Licensed in California

A: It sounds like you have the basis for a good case in small claims court against fed Ex. I think Fed Ex should have delivered the package to you after recovering it instead of sending it back to Japan. At the same time, try to obtain redress via ebay against the seller.

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