Help!! Searching for "Shane Smith" aka Rotaryworks Jacksonville FL
Help!! Searching for "Shane Smith" aka Rotaryworks Jacksonville FL
I need to find Shane Smith....
I purchased and received and 13BT from him via Freight in October 2003.
Well now the freight company is attempting to reverse charge me for $1200 for back charges he did not pay for shipping he did back then!
They have sent me to a collection agency and now threatening court!
Supposedly in the Federal Law shippers can reverse charge to consignees if the shipper never pays!
I need to get a lead on him for this collection agency to get them off my back. Can anyone provide a good address and phone # for him.
I purchased and received and 13BT from him via Freight in October 2003.
Well now the freight company is attempting to reverse charge me for $1200 for back charges he did not pay for shipping he did back then!
They have sent me to a collection agency and now threatening court!
Supposedly in the Federal Law shippers can reverse charge to consignees if the shipper never pays!
I need to get a lead on him for this collection agency to get them off my back. Can anyone provide a good address and phone # for him.
Joined: Oct 2003
Posts: 11,576
Likes: 27
From: Morristown, TN (east of Knoxville)
Yeah, I havent seen or heard tell of him in about 2 years now.
I have also never heard of the exception with shippers. I think you would have a good chance in court with that. When shipping papers (bill of lading) are filled out, the shippER (person mailing the items) must elect "prepaid" or "collect". prepaid means it is going on their account (or they are paying at that time, if they do not have a credit account established) and collect means the consignee (receiver) is paying upon arrival. Most all bills of lading I have seen all say "all items PREPAID unless marked COLLECT here:" with a box beside that to check if it is collect.
Therefore if the shipper did not mark collect, THEY ASSUMED liability for the charges, not you. Unless the shipping company can produce a bill of lading marked COLLECT then I see no way they can stick you with the charges. But then again I am not a lawyer.
IF anything comes to you via a collection agency, I would challenge it's validity immediately in writing (the letter will explain that you have this option). This requires them to obtain a copy of the billing, and there shouldn't be any to support the claim.
I have also never heard of the exception with shippers. I think you would have a good chance in court with that. When shipping papers (bill of lading) are filled out, the shippER (person mailing the items) must elect "prepaid" or "collect". prepaid means it is going on their account (or they are paying at that time, if they do not have a credit account established) and collect means the consignee (receiver) is paying upon arrival. Most all bills of lading I have seen all say "all items PREPAID unless marked COLLECT here:" with a box beside that to check if it is collect.
Therefore if the shipper did not mark collect, THEY ASSUMED liability for the charges, not you. Unless the shipping company can produce a bill of lading marked COLLECT then I see no way they can stick you with the charges. But then again I am not a lawyer.
IF anything comes to you via a collection agency, I would challenge it's validity immediately in writing (the letter will explain that you have this option). This requires them to obtain a copy of the billing, and there shouldn't be any to support the claim.
The frieght company also tried to do that **** to my buddy here (Bought RZ tranny from him).. Tell them that it was 3-4 years ago and that you've paid the seller for the frieght cost.. No way you should be responsible for that after 3+ years.. They are contacting you because they couldn't get money from Shane.. Freight company is pulling some BS trying to recoop from their mistake... You are NOT at fault!
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