Do I have a case in small claims lawsuit?
When he realized our mistake by not labeling all five boxes C.O.D, he immediately placed two more order.
The Second order was for 7 boxes. He kept the six boxes not marked C.O.D and asked the driver to come back tomorrow.
The Third order was for four boxes. He kept the three boxes not marked C.O.D and asked the driver to come back tomorrow.
All three order were placed in less than two weeks and by the time we found out that he did not give the UPS driver the check, He had received all three orders.
We called him and asked him, what happen and he said he wasnt there but the driver did three attempts on all three orders but was never sucesful.
We talked to the guy and he said that he would mail out the check. But he never did.
The only prove we have, is the UPS delivery confirmation, our invoice that we sent to him and the packages with the label C.O.D that he returned back to us.
We are now suing him in a small claims lawsuit and basically what I said here today, is what im going to tell the judge. the total if for less than 2500 but my boss wants to get this guy bad. He commited fraud.
Do you think we have a case against this guy?