Lost package due to incorrect information from agent

[timoisme]

I recently purchased a DLP lamp (bulb) for my projection television. It was the wrong lamp so I called the company I purchased it from and they agreed to exchange it for me with the right one. They sent me an RMA shipping slip via email. The agent informed me I would receive this shipping slip in a day or so and that I need to print out the slip, package the lamp back in the box it came in and mail it back. I asked the agent if I just tape the slip to the package and drop it off at the post office. He confirmed and said "yes". The package was dropped off at a local blue USPS box.

Two weeks later I called the company back and asked why I hadn't heard from them. They stated the package has not been received and that tracking number has not been found to have been activated. At this time of trying to figure out what happened the agent informed me the package should have been dropped off at fedex and not the post office. I have been working with them for three months and the package is lost.

I have contacted multiple USPS offices and Fedex offices and filed missing reports with both. The company is stating that even though their agent misspoke when telling me to drop off the package at the post office that there is nothing they can do until the package shows up via the tracking number or is returned to them.

Is this a case I can take to small claims and do I have a case to have my money returned for the product and court fees? I'm in California.

I appreciate the help.
Tim O.

 

[army judge]

How much is in dispute?

Filing a small claims case takes money. It averages between $100-150 across the USA.

Then you have to collect, if you win. You don't walk out of court with a check.

However, if the business isn't in California, small claims might not be an option. A California small claims court is often powerless to an out of state defendant.

 

[timoisme]

The fee to file a small claims case in California is $30 since the product that I purchased was about $150. The business is thankfully also in California. They are Southern California and I am in Northern California.

I know I won't collect right away but I'm hoping when I file the claim they will not want to go to court and just settle. If not then at least I have a chance if I win to collect my purchase price with reimbursement for filing the small claim.

What do you think?

 

[army judge]

The fee to file a small claims case in California is $30 since the product that I purchased was about $150. The business is thankfully also in California. They are Southern California and I am in Northern California.

I know I won't collect right away but I'm hoping when I file the claim they will not want to go to court and just settle. If not then at least I have a chance if I win to collect my purchase price with reimbursement for filing the small claim.

What do you think?

You'll never know, if you don't try.

If you lose, you're out a measly $30.

If you win, you get your $30 back, plus your $150!

If you're up to it, why not?

 

[BirdOPrey5]

The fee to file a small claims case in California is $30 since the product that I purchased was about $150. The business is thankfully also in California. They are Southern California and I am in Northern California.

I know I won't collect right away but I'm hoping when I file the claim they will not want to go to court and just settle. If not then at least I have a chance if I win to collect my purchase price with reimbursement for filing the small claim.

What do you think?

I think you'll have a hard time convincing a judge an adult doesn't know the different between a Fed Ex package and US Mail.

 

[mightymoose]

I agree... responsibility for the return shipping is with the OP, not the seller. The seller has not received the item, and until it does it is under no obligation to do anything. For all they know, the OP still has the original item and is trying to scam them out of a second one.
OP needs to work harder with the postal service to track down the item that was placed in the mail box.