Help with UPS and Paypal

I was the one who initiated the claim...and UPS is ready to pay the shipper as long as he made the claim....but he never did. Even if he does, I doubt it that he would pay me back as he made bunch of promises to me and never follow through with his words.

Soogood51,

Joesph Miani is his brother....they went to court against one another!!...I have John's home phone, but he never reply my calls...:-(

Thanks guys, I might just take UPS to a small claims court!!...I really hate it when UPS said I'm not their customer!!!...as I'm not the shipper!!...man, if it weren't for the receiver of UPS, they wouldn't have any shipper/sender to start out with!!!

Sometimes it's just easier on you to give it up, fix the damaged item, and forget about it.

Are the speakers totally ruined?

I mention this because I know very well how a situation like this can just become too all-consuming of one's energies.

Life is too short. Enjoy it, and enjoy the music.

Best of luck in the future and with future transactions.

John

I can't really help you but I know about John Miani. My parents went into business with him 'Miani Audio Video' and he got into drugs and fucked everything up. He stole almost all the audio equipment and closed the store, causing almost bankruptcy. The guy has all kinds of criminal charges, even his family. He stole from his dad.

Other than that...don't ever deal with the dude again. He's no good.

I more or less agree with Jbatlanta that the time and effort you spend trying to recover will probably not be worth what you're likely to collect.
However, if you want to pursue the matter, I agree with Bigkidz to first file a small claims action against the seller. That assumes that your state's small claims court has a procedure for suing someone located out of state. A small claims court judgement agsinst the seller might strengthen your hand in dealing with UPS, because their "shipper" now indisputedly owes you money related to the shipment in question. Your position would be that, because UPS owes the seller and the seller owes you, UPS can and should pay you directly.
If UPS doesn't respond, the next step would be to take UPS to small claims court. Your argument would be same as stated above. Of course, you should mention that the seller is out of business, so the court knows you have no recourse in that direction. You should also emphasize that if UPS doesn't pay you, it will end up keeping the money because the out-of-business seller is never going to make a claim. That amounts to "unjust enrichment" of UPS. Courts don't like unjust enrichment where a party clearly owes someone, yet gets to keep the money because of a technicality.
Technically, UPS still has a defense, but judges in small claims court often overlook technicalities. The judge might also lean in favor of enforcing the rights that the court already established in your first action against the seller. UPS' refusal to pay has the effect of frustrating the legal rights the court previously granted you.
Good luck whatever you decide to do.