• When you click on links to various merchants on this site and make a purchase, this can result in this site earning a commission. Affiliate programs and affiliations include, but are not limited to, the eBay Partner Network.

CGC shipped me Action Comics #1 Superman page, FedEx lost it, Help appreciated!
1 1

Started by Wayne-Tec,

452 posts in this topic

sterlingcomics

sterlingcomics

Posted
Posted

I get that lawyers specialize in certain areas...I doubt there is a need to specialize in the "shipper service / lost packages" space, otherwise they would be there like the ambulance chasers. You may want to seek out one that specializes though...not sure which one it would be--maybe the local lawyers here can chime in.

 

What your response from the lawyers are telling me is "it's not worth my time to figure it out---at least for free of charge". Or did you pay for that answer?

Link to comment
Share on other sites
CAHokie

CAHokie

Posted
Posted
. I just haven't seen, or been able to find on my end, any laws or statutes stating that I won't be afforded the protection of criminal investigation.

 

 

Why do you keep saying this? There is no statute or law that says you wont be afforded the protection of a criminal investigation. You are asking to prove a negative and that's not how the law works. Show some cause that a crime has been committed and then you will get a criminal investigation. Until then, there is no crime! Lost package does not equal stolen package until some sort of evidence proves otherwise. Grand theft of your property (the most likely charge if someone purposely stole it) or embezzlement from the company is what you are implying and there is no proof that it even happened.

 

I'm not for sure why this is so difficult for you to understand. I feel like you are having trouble accepting the reality and personal responsibility of the situation. Consult a personal lawyer. They may be able to make Fed Ex produce some documents if that helps you sleep at night but even a lawyer can't generate a crime until there at least some evidence that one occurred.

 

It still may show up. If it doesn't and someone did steal it, hopefully there is already an ongoing investigation of employee theft and they will have the person identified eventually and property recovered later. That's a long shot though and unlikely to happen immediately.

Link to comment
Share on other sites
Wayne-Tec

Wayne-Tec

Posted
  • Author
Posted
Lost package does not equal stolen package until some sort of evidence proves otherwise...

 

It still may show up. If it doesn't and someone did steal it, hopefully there is already an ongoing investigation of employee theft and they will have the person identified eventually and property recovered later. That's a long shot though and unlikely to happen immediately.

 

So the question becomes, what kind of evidence is required to establish possible theft, enough so to warrant a criminal investigation?

 

I'm not in the position to obtain any evidence because it's FedEx's property, so all I have to rely upon is their own internal research. I requested those findings in writing and was not given the information.

 

I don't know if my package was stolen. My hope is that it was misplaced or shipped somewhere where it will eventually be redirected to me. But when I was told directly from a FedEx rep that packages are, at times, stolen by their own employees, and that my package would be "quite the haul" if it's contents were discovered, I became more nervous than I would have been otherwise.

Link to comment
Share on other sites
Artboy99

Artboy99

Posted
Posted
IT will show back up. I lost something through fed-ex. They found it randomly after 3 weeks...

 

:wishluck:

 

I have had a package be missing for a year that showed up.

 

I am hoping for you it is just misplaced.

Link to comment
Share on other sites
G.A.tor

G.A.tor

Posted
Posted

Read fedex terms of service and conditions of carriage. They assume no liability without insurance (even against theft) and they cap collectibles at $1000 regardless of value stated (you can only purchase coverage upto $1000 from them).

 

I exclusively use Fedex. I carry private insurance. I have box only addressed to "new force" and not "new force comics" just for the reason of not alerting anyone to possible contents.

 

I had one box , which I believe was stolen in 2014 , that was shipped from Sdcc . I only received $100 bc with private insurance you don't claim value ...I chose not to file claim with private insurance because of potential of having policy dropped after a minimal claim (was $800 )

 

Bottom line is Fedex won't pay a penny more because their terms were accepted when they were chosen to be the carrier.

 

So don't stress out any longer. Hopefully box will eventually arrive but if not, life is too short to worry yourself as it appears you are ...

 

Now, fedex can be sued if you choose, but my understanding is without concrete proof of gross misconduct or negligence (which I don't think you can prove at this point ) , the suit would carry no merit and be dismissed at discovery.

Link to comment
Share on other sites
KPR Comics

KPR Comics

Posted
Posted

 

I'm asking questions here to get feedback regarding my legal rights.

 

Not to sound harsh, but plenty of people have tried to answer this. Its just not the answer you want.

 

Keep in mind this is just a message board. Sounds like you might be better served talking to a lawyer if you really want peace of mind as far as what your legal rights are.

 

I've spoken with lawyers, but they don't know the extent of my rights in this specific situation. All of you guys here, even those who feel my situation is bleak, have been tremendously helpful. I just haven't seen, or been able to find on my end, any laws or statutes stating that I won't be afforded the protection of criminal investigation.

I'd like to again, thank everyone for their support and feedback. :foryou:

That's not how the law works. You can pursue civil remedies, but as for forcing a criminal investigation, I'm afraid it's not worth the prosecutor's or the police department's time. $4,000 is a lot of money for sure, but I seriously doubt you get anywhere on the criminal side against FedEx.

Link to comment
Share on other sites
Wayne-Tec

Wayne-Tec

Posted
  • Author
Posted

Update:

 

I spoke with someone at FedEx who works directly with CGC. He was extremely helpful, genuine and very supportive. This has raised my spirits tremendously. I have a good feeling that either A) my package will be found or B) if it doesn't turn up, that both CGC and FedEx have my back.

 

I'd like to again thank everyone for your feedback, your PM's, your texts and your calls. While this situation has been very tough, the support of the comic collecting community displays the best of what these boards have to offer.

 

Keep your fingers crossed for me. :wishluck::wishluck::wishluck:

Link to comment
Share on other sites
THE_BEYONDER

THE_BEYONDER

Posted
Posted
Update:

 

I spoke with someone at FedEx who works directly with CGC. He was extremely helpful, genuine and very supportive. This has raised my spirits tremendously. I have a good feeling that either A) my package will be found or B) if it doesn't turn up, that both CGC and FedEx have my back.

 

I'd like to again thank everyone for your feedback, your PM's, your texts and your calls. While this situation has been very tough, the support of the comic collecting community displays the best of what these boards have to offer.

 

Keep your fingers crossed for me. :wishluck::wishluck::wishluck:

 

I predict it shows up tomorrow...... ^^

Link to comment
Share on other sites
jsilverjanet

jsilverjanet

Posted
Posted
Update:

 

I spoke with someone at FedEx who works directly with CGC. He was extremely helpful, genuine and very supportive. This has raised my spirits tremendously. I have a good feeling that either A) my package will be found or B) if it doesn't turn up, that both CGC and FedEx have my back.

 

I'd like to again thank everyone for your feedback, your PM's, your texts and your calls. While this situation has been very tough, the support of the comic collecting community displays the best of what these boards have to offer.

 

Keep your fingers crossed for me. :wishluck::wishluck::wishluck:

 

I predict it shows up tomorrow...... ^^

 

 

+1

 

 

Link to comment
Share on other sites
Bird

Bird

Posted
Posted

I think that this level of attention may bear fruit. If I were a FedEx thief I would just hold onto unopened packages and wait and see if a fuss gets made or not. If the insurance is paid then open it up, if noise is heard slip it back into the system intact. Hopefully your noise gets attention and it turns up one way or another.

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
1 1
Go to topic listing