Legal Question in Credit and Debt Law in Louisiana
Refused damaged merchandise delivered by ups
merchandise left on front porch in a damaged box...unsigned for..called for pickup and a replacement ,replacement deliverd ,but no pickup of damaged item.after 30 days,called merchant and asked again for a pickup..approx 2 wks later of roughly 6 wks from the time of arrival..the merchant called and asked if the damaged goods had been picked up...yes,I wasnt here but it is gone..the merchant states they dont have it..and want full paymt for it plus the pymt Im already making for the replacemnt.I have wrote 2 letters and spoke to customer serv.and their theft dept.at last conv...it was resolved,,I didnt owe...today I rec'd a collection letter....do I owe for something I never signed for and told them upfront I would not bring merch into the house it would stay where it was left and in the same condition it was delivered.
1 Answer from Attorneys
Re: Refused damaged merchandise delivered by ups
You're completely in the clear if you sent them notice in writing that you wouldn't accept damaged goods. If strictly verbal, you'll have to muster all your written proof that you don't owe for the first shipment.
You are also under a duty to take reasonable care of the merchandise in your possession. Just leaving it out doesn't come within that duty, so you may well be on the hook for it.
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