Need some legal advice: Gun lost by USPS

[tcpip95]

Had my FFL ship a gun for me to an engraver in MT. He shipped it via USPS, and insured it for $1,600 (brand new Colt 1911 Custom). USPS took possession of it and shipped it. It was last seen in Ybor City, FL distribution center. Trace was done, postal inspectors were involved, gun was never found.

FFL went to process the insurance claim, and it turned out he didn't do the paperwork correctly (he didn't take it to the post office and have them sign and stamp the form), so they denied his claim. He filed all appeals but they've turned him down. I am now out $1,600 as he will not reimburse me for his negligence and is not willing to lift a finger to help.

He also did not follow BATF procedures for reporting a lost or stolen gun, in that he delayed reporting it lost, and he did not notify the local PD as required by BATF.

I need to take him to small claims court in Lee County, but from what I have read, even if I get a judgement against him, he can still tell me to pound sand by just ignoring the judgement.

What are my options here? This gun was going to an engraver who was going to turn it into an heirloom gun for me to pass on to my grandson, so it was a big deal for me. I've talked to a local law firm and they won't take it as their retainer alone is $2,500.

[Chigger]

Go to the trouble of taking him to small claims court and file a lien against him and have it registered. You can force him to submit to financial declaration to see if you can seize anything of value to clear judgement.

Even if you don't get anything right now, the future may hold a wind fall.

I got a judgment against someone who didn't bother showing up to court because he thought his lawyers would take care of it but no one showed up and I was issued a judgement against his. He tried to appeal but the court shot him down. 23 years later the old bastard dies and they can't settle the estate because of this lien I had. 16.25% interest compounded daily on a 5000.00 judgement.

[flcracker]

....23 years later the old bastard dies and they can't settle the estate because of this lien I had. 16.25% interest compounded daily on a 5000.00 judgement.

Dang. I hope for your sake that his estate has the $210K they owe you.

Sounds like a good argument for small claims court and a lien.

[zeebaron]

It's funny that they allow you to buy USPS insurance online when you buy a label, but will nullify it through a stupid loophole. The clerk would never even look inside the package, no way they could verify what they were sending was worth $1600 or not either. And the tracking shows it lost in a distribution center. So stupid.

[philasteen]

Go to the trouble of taking him to small claims court and file a lien against him and have it registered. You can force him to submit to financial declaration to see if you can seize anything of value to clear judgement.

Even if you don't get anything right now, the future may hold a wind fall.

I got a judgment against someone who didn't bother showing up to court because he thought his lawyers would take care of it but no one showed up and I was issued a judgement against his. He tried to appeal but the court shot him down. 23 years later the old bastard dies and they can't settle the estate because of this lien I had. 16.25% interest compounded daily on a 5000.00 judgement.

That's surprising. Judgment in Florida is only good for 20 years unless you take the steps to renew at the end of 20 years. Did you do that?

[George W]

You can get your lien and maybe collect someday, or you can hook him up and get some satisfaction. Call the ATF. Biden's BAT boys have been snatching FFLs left and right for very minor things. Put the FFL on blast via social media, Google Reviews, etc. Make their life shit and cost them a few dollars.

A less asshole method may be to pay an attorney a couple hundred dollars to draft a demand letter for you. Sometimes the fear of litigation is enough.

[Chigger]

Go to the trouble of taking him to small claims court and file a lien against him and have it registered. You can force him to submit to financial declaration to see if you can seize anything of value to clear judgement.

Even if you don't get anything right now, the future may hold a wind fall.

I got a judgment against someone who didn't bother showing up to court because he thought his lawyers would take care of it but no one showed up and I was issued a judgement against his. He tried to appeal but the court shot him down. 23 years later the old bastard dies and they can't settle the estate because of this lien I had. 16.25% interest compounded daily on a 5000.00 judgement.

That's surprising. Judgment in Florida is only good for 20 years unless you take the steps to renew at the end of 20 years. Did you do that?

Most people don't renew. I did. Figured I had nothing to loose.

[tcpip95]

You can get your lien and maybe collect someday, or you can hook him up and get some satisfaction. Call the ATF. Biden's BAT boys have been snatching FFLs left and right for very minor things. Put the FFL on blast via social media, Google Reviews, etc. Make their life shit and cost them a few dollars.

A less asshole method may be to pay an attorney a couple hundred dollars to draft a demand letter for you. Sometimes the fear of litigation is enough.

So I've discovered that the company is a sole proprietorship in his wife's name. No doubt she has no assets in her name (I'll bet the house, etc. is all in his name) other than the FFL. I'll give him another week to do right, otherwise I'll call the ATF on him. I'll also take him to small claims court just to put some sunlight on his company.

[Wakko]

And make sure you tell us the name of the FFL.

[joel]

You can publish the name of the FFL here
But, consider the risk of posting his/her business name online vs the offsetting defamation / slander charges (depending on which court is the hearer of evidence)

I wish you well. You suffered a loss. Try to work it out privately and DOCUMENT everything (before publicly defaming someone)

Only my 2-cents (may be worth less)