what kind of attorney do i need to sue my movers?

Full Answer

Can I file a lawsuit against a moving company?

Although moving companies are regulated by federal law, you may consider filing a complaint in small claims court. Further, you may file a claim for violation of state or federal law, such as the Carmack Amendment if your move was across state lines.

What evidence do you need to sue a moving company?

Hard copy documents, such as emails, contracts, bills, receipts, letters, and faxes, will act as key evidence to support your claim. They can provide a clear timeline of when you hired the moving company, when they moved your items, and when you discovered the items were damaged.

When to take a moving company to Small Claims Court?

Consider small claims court if you are not satisfied with the moving company’s settlement offer. If the moving company offers you an insufficient settlement offer or refuses to cover the cost of the damages to your belongings, you may consider taking the company to small claims court.

What to do if a mover damages your property?

A reputable mover will do its best to reimburse you for the damages caused. Either way, you should be informed of the claims process. Find out more about the movers damage claim form and how to act.

Can I dispute a charge from a moving company?

If a problem arises with your household goods carrier (mover), you should first attempt to work out an agreement to resolve the dispute. But if you and the mover are not able to agree, you have two options: Seek an arbitration hearing; or. Initiate legal action against your mover.

What do you do when a moving company loses your stuff?

Steps to Take When a Mover Loses Something of YoursStep one: Double check. ... Step two: Gather details about the item. ... Step three: File a claim with the moving company. ... Step four: Check with your renter's insurance. ... Step five: Arbitrate, if necessary.

How do I file a complaint against a moving company in Florida?

You may file a complaint against a mover or moving company with the Department of Agriculture and Consumer Services online at www.800helpfla.com or by phone at 1-800-HELP-FLA.

Who regulates moving companies in Illinois?

the Illinois Commerce CommissionThe most important thing you can do is choose from among the more than 300 movers licensed by the Illinois Commerce Commission (III. C.C.). Licensed, professional movers must comply with III.

How often do Moving company loses your stuff?

This happens every year. On average, over 7,000 incidences of lost items and scam moves are reported to the Federal Motor Carrier Safety Administration (FMCSA) annually. You hire a moving company and at the end of the move, you realize that you've lost your expensive electronics, jewelry, money, and so much more.

Do movers steal stuff?

According to Murphy, movers do not steal from shippers – ever. Murphy assures readers that after thirty years of working as a mover, “I never once saw anyone steal anything from a shipper” (21). Before you get too comfortable, though, you may want to reconsider letting the movers pack your socks and underwear.

Who oversees moving companies in Florida?

Chapter 507, Florida Statutes, requires any person engaged in intrastate moving to register with the Florida Department of Agriculture and Consumer Services (FDACS). Registration with FDACS is required if you are an intrastate mover, regardless of any other local, municipal or county licensing requirements.

Can a moving company holding my stuff hostage?

Can movers hold your stuff hostage? No, movers aren't allowed to hold your things hostage if you've paid 100% of the estimated costs outlined on your binding estimate or 110% of the estimated costs on your non-binding estimate.

Which load board allows you to write a complaint on a broker?

You can file a complaint by clicking on the following link: https://nccdb.fmcsa.dot.gov/nccdb/home.aspx Once you have filed a complaint against the broker, the FMCSA will assign your complaint to a DOT agent who will reach out to you and begin to investigate the complaint.

Who regulates moving companies in New York?

The Department of TransportationMoving Complaints The Department of Transportation grants licenses to moving companies that operate within New York State. If you've recently moved within New York State and have had a problem with your move, you can file a complaint with us and we'll look into the issues surrounding your move.

Who regulates moving companies in NJ?

The NJ Division of Consumer AffairsThe NJ Division of Consumer Affairs registers movers, monitor the activities of those movers, and punishes those who violate the law. Without effective regulation of moving companies, every customer could be a potential victim.

Who regulates moving companies in Massachusetts?

DPU's Transportation Oversight Division regulates companies that move household goods within Massachusetts (intrastate).

Michael Leo Potter

You may have a case for both fraud and breach of contract. Immediately contact a Litigation Attorney in Valdosta and seek an injunction and monetary relief. Good Luck !!

Charles I. Pollack

I'm not sure why a bankruptcy attorney or an estate planning attorney - neither of whom are located in Georgia - would be responding. Please note that there are different types of estimates within the moving/shipping industry; and the movers/shippers are subject to the rules and regulations of the...

Robert A. Stumpf

A lawyer that deals with consumer issues, would likely have dealt with moving company fraud. It's unfortunately pretty common.

What happens if a lawsuit goes to trial?

If a settlement does occur, it becomes a binding agreement to all parties. If the lawsuit does go to trial, a judge or jury decides the merits of the cast. Although enforcing that order creates another set of legal issues to consider, the losing party will pay on the judgment.

What to do if your claim goes nowhere?

If your claim goes nowhere, the first step is to file a complaint and summons with the local county court.

What does discovery do in a lawsuit?

What Does Discovery Do During a Lawsuit? The discovery portion of a lawsuit allows you and the moving company to request information. This process may include documents, answers to questions, or other pertinent data to resolve the issue.

Why do you need an attorney on retainer?

Having an attorney on retainer ensures that you have representation in court if your lawsuit reaches that level. Filing a lawsuit can be a difficult choice, even if you believe a moving company breached the contract. It takes time, effort, and more money to recover what you consider an economic loss.

Where do you get a complaint served?

The complaint and summons get served to the moving company or their registered agent. Depending on where you live, it may be through a process server, delivered personally, or sent through the mail. Defendants (the moving company) receives time to file an answer with the court.

Can you sue a moving company for economic loss?

If you’ve had an unfortunate experience that caused you to suffer economic loss, one of the ways you can potentially recover financially is to sue the moving company in question for damages. Some of the typical reasons for a lawsuit include possession damage or loss, lack of services provided, or another breach of contract.

Can a lawsuit go to mediation?

Most lawsuits proceed into mediation, intending to settle outside of the court, including those filed in small claims court. Some courts require you and the moving company to meet with a mediator before allowing a lawsuit to proceed to trial. If a settlement does occur, it becomes a binding agreement to all parties.

How to file a claim with movers?

Hopefully, you won’t have to go any further than the initial step. Step 1. File a complaint with your moving company. The very first thing you should do in case of an unresolved issue with your mover is to contact them and try to resolve that problem peacefully.

What to do if you have an unresolved issue with your mover?

The very first thing you should do in case of an unresolved issue with your mover is to contact them and try to resolve that problem peacefully. A peaceful resolution will save both parties a lot of time, money, and most importantly – nerves. So, speak with your moving company and state your case calmly and objectively, and provide as much evidence as possible.

What happens if a rogue mover holds your goods hostage?

In short, file a complaint against your movers if you do feel you were overcharged.

How to file a complaint with the Department of Transportation?

Department of Transportation by filling out the Household Goods Consumer Complaint form or by calling the FMCSA’s hotline at (888) 368-7238 (Monday through Friday, between 9 a.m. and 7 p.m. EST).

What happened to the movers when they were late for pick up?

the movers were very late for pick-up; the movers handled your items carelessly and caused minor or not-so-minor damage to your prized possessions; the movers did not do enough to protect your home and, as a result, minor or serious property damage was caused; the movers showed blatant rudeness and disrespect toward you or other members ...

Why are my movers late?

Movers were late for delivery. This is one of the most common reasons for disputes between professional movers and consumers. If your movers are late, first, double check the delivery date marked on the Bill of Lading. If the date is correct and your movers are late for delivery, contact the moving company at once and request more information.

Can you do a thorough inspection after moving?

Note that there usually isn’t enough time for thorough inspection at the time of delivery so you can do it after your movers are gone. Simply note down any damage in the inventory list, make photos as proof, and then contact the moving company to inform them and work out a solution.

What to do if a mover has no return?

If the result from the claim was not what you were expecting or the situation with the mover reached a place of no return, contact your local clerk's office for court forms to follow through with the lawsuit.

What to do if you believe a mover is a rogue?

Becoming unruly will only make the situation worse. If you believe this to be a rogue mover, then contacting an external party will suit you best. When working with an accredited mover, your claim process should be taken care of in a timely manner.

What to do before filing a complaint?

Before filing your complaint, it's important to thoroughly look through your shipment and double-check which belongings are missing or damaged. If you have written proof of the condition and quantity of your items before your shipment, then the process will be easier.

What is FMCSA in moving?

Federal Motor Carrier Safety Administration (FMCSA): Government organizations such as FMCSA act to regulate the movers and shipping industry. FMCSA deals with the safety and management of moving and relocation companies. They also ensure that the company operates within the proper standards set for moving companies.

What is a BBB moving company?

Better Business Bureau (BBB): If the moving company is accredited with the BBB, then filing a claim with them will be better. The BBB ensures moving companies follow strict guidelines and regulations in the way they operate. The BBB works with customers to resolve issues with a moving company and holds the companies accountable for their actions. ...

How to avoid escalating a move?

Act in a rational manner , meaning don't lash out to avoid escalating the issue any further. Only act on facts so it will be taken serious by the moving company or the mediator. Have legitimate evidence to support your claim -- like photographs before your move and after the goods. Communicate effectively.

Can movers work without a third party?

It's best to work towards a peaceful resolution with your moving company. A lot of time and money can be saved if you and the movers involved can work things out without a third party involved.

What to do if your moving company broke your item?

If it is a broken item, keep it like this and do not fix it because if you do you will not be eligible for any reimbursement from the moving company. If an item is broken and useless do not throw it away either. If the damages are likely to cause other negative consequences that should also be reported.

How to fill in moving damages?

Filling in moving damages claims. When you spot a damage, inform the movers of it right away. If, before the move, you have taken evidence of all of your property – what you have and in what condition it is, you should have no trouble with moving damages claims. All the pictures taken and/ or video of your possessions plus an inventory sheet ...

How long do you have to fill out a damage claim?

Usually you have up to 9 months after the relocation to fill in the movers’ damage claim form and for the mover to receive it, but it’s best to do it as soon as you spot the damage. Then you will have to fill in the movers damage claim form. It is a standard form that all removals have. Moving companies deal with damages ...

When you spot a damage, should you immediately inform the movers?

When you spot a damage, you should immediately inform the movers as well as the moving company. This is not part of the claims against movers but it is a start – if the movers confirm to the moving company that there is a damage that will speed up the claims process. Notifying the movers is the first things to do.

Can you fill in movers claim?

Filling in movers’ claim is certainly not what you expect from a move but in any case you better do it if a damage occurs. When someone else has caused an item to be broken, walls to be scratched, etc. you have the right to ask for reimbursement. Unpleasant as this process might be, you better settle it with the moving company.

Can moving companies make mistakes?

Much as everyone may wish that their move goes well (in almost all cases they do!) sometimes movers make mistakes. As much as moving companies may be professionals, the moving labor may cause damages to your property. It could be from negligence or incompetence as well as out of carelessness in few cases. Either way, when there are damages caused ...

Can you get money back from a moving company?

Once you have filed the movers’ claim and the damages were inspected, the moving company will inform you will you get any money back, if yes, how much and when. Of course you can negotiate what you will get back. In any case be ready that you may not receive the full value of what was damaged.

What happens if a moving company violates a contract?

If the moving company has violated the contract, then you would likely have a good case for financial compensation and pain and suffering. To initiate that claim would require your filing lawsuit in small claims court. In the State of Washington, the maximum jurisdiction of small claims court is $5,000.

How much can you sue for in small claims court in Washington?

In the State of Washington, the maximum jurisdiction of small claims court is $5,000. You can sue for the amount of the contract and for a small amount for pain and suffering. It is highly unlikely the matter involves criminality. It seems to be a conflict over the contractual terms of delivery. Learn more here: Compensation for Emotional Distress.

How to make a claim against a moving company?

In order to make a claim against your moving company for damages to your items during the move, you should first collect evidence of the damage so you can use this evidence to support your claim. You will then need to draft the claim and file it within the appropriate time to ensure your claim is processed. Steps.

What to do if you are not satisfied with a moving company's settlement offer?

Consider small claims court if you are not satisfied with the moving company’s settlement offer. If the moving company offers you an insufficient settlement offer or refuses to cover the cost of the damages to your belongings, you may consider taking the company to small claims court .

How long does it take for a moving company to respond to a claim?

Give the moving company 30 days to respond to your claim. According to the law, the moving company must notify you that they have received your claim within 30 days of its filing. The claim must then be resolved by a damages payment or a denial of payment within 120 days.

What is the phone number to complain about a mover?

The hotline can be reached at (888) 268-7238, open Monday-Friday, 9:00 am-7:00 pm EST. ...

How long does it take to file a claim for a moving company?

1. File the claim form within nine months of the mover’s delivery date. Most moving companies will provide a claim form you to complete and submit to them for review via mail. You must file the claim form within nine months of the mover’s delivery date for the claim to be recognized and processed.

How to strengthen a claim?

To strengthen your claim, you should examine each damaged item and make an inventory of each item. Then, you should try to determine their monetary value, or how much you paid for each item.

What to do if you don't have a full name for a moving company?

If any persons from the moving company do not provide their full name, ask them for their employee ID number. Save all hard copy documents from the moving company. Hard copy documents, such as emails, contracts, bills, receipts, letters, and faxes, will act as key evidence to support your claim.