I can't get my 4x5 back from the repair guy

[shannonstoney]

Hi, I sent my 4x5 camera to a repair person in another state a year ago. He put the wrong type of bellows on it, and he did not attach the bellows correctly to the camera. So I sent it back to him a few weeks ago. He acknowledged that he had put the wrong bellows on it and that he would replace the wrong one with the right one. But now I can't get him to return my camera. He also doesn't answer my emails sometimes for days, nor does he take my calls, nor does he return my calls.

I am getting worried about getting my camera back. I have been calling him and emailing him every day. Last week I asked him to return my camera by Friday; I got no answer. I emailed him yesterday to ask him if he had sent it; no answer. Today I called him and left a message; no response.

What is the best way to deal with this? I suppose I could call the Better Business Bureau for his state. Is there another way or a better way to get my camera back? I need it.

Thanks,

Shannon Stoney

[Bob Salomon]

BBB can’t do much. An attorney letter or reporting to the police might do something since they have possession of your property.

[BrianShaw]

Do you want it returned, or fixed and returned?

This is one of those problematic situations. Police likely can’t help because your goods weren’t stolen, robbed, converted, or being held against your will. You sent it with the intent of getting satisfaction for the work you paid the person to do. No crime; no laws to be enforced. A non-response to your email might not be enough to establish nefarious intent for inaction per the terms you set.

The law generally “requires and expects” you to give the person an opportunity to make the situation right.... which is exactly what you did. Are you withdrawing that request for satisfaction or trying to ascertain a timeline? It sounds like the former.

As a civil matter you have limited options: a legal”demand to perform “ might be your best bet. That would be the “lawyer letter” mentioned by Bob, but you can do it yourself but get the language very precise: what exactly do you want the vendor to do to satisfy your contract or expectations. After that, if that doesn’t work... small claims court.

Good luck... these are frustrating situations!

[shannonstoney]

I want it returned. He claims he did repair it, but at this point I just want it back, whether it's repaired or not. If not, I can send it to a different repair person.

I am trying to get some sort of response from the repair guy about what he intends to do: that is, when he intends to return my camera.

I am hoping that some sort of complaint from BBB will light a fire under him. If not, then a lawyer letter seems like a good second option.

[BrianShaw]

https://www.washingtonlawhelp.org/re...tter?ref=LOyHX

[shannonstoney]

Thanks, Brian, I will also send a demand letter.

[BrianShaw]

BBB complaint has limitations. Might not be appropriate or effective. Use that, and small claims court, as a consequence of inaction in your demand letter.

[shannonstoney]

I have never used small claims court. If the other party is in another state, it seems that you have to file the claim in their state. Does that mean you have to appear in court in their state? This seems unfair to customers in other states: it would make it so easy for mail-order businesses to screw over people in other states. Surely there's some remedy for cases like this when the business is in one state and the customer is in another state.

[pendennis]

I have never used small claims court. If the other party is in another state, it seems that you have to file the claim in their state. Does that mean you have to appear in court in their state? This seems unfair to customers in other states: it would make it so easy for mail-order businesses to screw over people in other states. Surely there's some remedy for cases like this when the business is in one state and the customer is in another state.

If you sue in small claims court in another state, you're generally required to appear as the plaintiff. If the respondent appears and you don't, it's likely that the case would be dismissed.

[Bob Salomon]

If you sue in small claims court in another state, you're generally required to appear as the plaintiff. If the respondent appears and you don't, it's likely that the case would be dismissed.

Suing in small claims is one thing. Collecting is another! I won in small class against a large parking lot by EWR that crushed my front fender on a new VW CC wit less then 200mi on it. They never appeared in court. Won a default judgement. Paid the sheriff’s fee and he never served the papers because “he couldn’t find the other, directly across from EWR!