Jul 17, 2019 · If you cannot resolve your dispute with the moving company yourself, you will want to consult with a skilled and knowledgeable business attorney. They will be able to review all contracts, invoices, and documentation in order to build your case. Additionally, they will represent you in front of a court of law, if necessary. Michelle Shaw
Sep 15, 2019 · 407-581-2581 Answered on Sep 16th, 2019 at 3:47 AM I would like to discuss your case with you for possible contingency fee representation. Florida counsel would be necessary as the contract was with a Florida moving company and presumably signed by the parties here in Florida. First, I would contact the police Department.
Apr 09, 2013 · Answered on Apr 10th, 2013 at 9:14 PM You can retain an attorney who specializes in contracts as the moving company breached its contract by losing things and damaging things as well. It is also a tort against your personal property as well. So, you can get a tort attorney as well. Report Abuse TG Thomas Edward Gates (Unclaimed Profile)
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| Filing Type | Cost |
|---|---|
| Small claims less than $100 | $55 |
| Small claims of $100, up to $500 | $80 |
| Small claims more than $500, up to $2,500 | $175 |
| Small claims more than $2,500, up to $8,000 | $300 |
The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise.
You can retain an attorney who specializes in contracts as the moving company breached its contract by losing things and damaging things as well. It is also a tort against your personal property as well. So, you can get a tort attorney as well.
Attorneys can only offer legal advice for cases innvolving States in which they are licensed to practice or they would be committing the unauthorized practice of law. I am not licensed in either Florida or Virginia so I cannot provide you any legal advice. You should re-ask your Question and select Florida and Virgina. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
If your claim goes nowhere, the first step is to file a complaint and summons with the local county court.
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.
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.
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.
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.
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.
The best way to deal with moving complaints is to avoid companies with bad reputations. Learn more about some of the best in the business in our lists of the best rental truck companies, best moving container companies, and best full-service moving companies.
If you moved within the same state (rather than going from one state to another), you need to file a complaint with a state agency.
You can file a complaint with Two Men and a Truck by calling 800-345-1070. The company has more than 300 franchises across the country and is often willing to help resolve your concern. If that fails, you can file a complaint with the FMCSA or your state’s consumer regulatory agency.
You can file a complaint with U-Pack by calling 844-611-4582. Although U-Pack is Move.org’s top container service, even the best companies can drop the ball. If U-Pack can’t help you, you may also file a complaint with your state’s consumer regulatory agency or the FMCSA.
It’s rare, but things can go wrong. Maybe your belongings wind up damaged or missing. Or perhaps the mover sticks you with a higher bill than you agreed on .
Buy local. You don’t need to use a mom-and-pop shop, but you should make sure the mover’s local address is on its website.
You can no longer file a complaint with AMSA because the American Moving and Storage Association no longer exists. However, the American Trucking Associations (ATA) have created a Moving and Storage Conference that will eventually allow customers to file complaints.
If you want to sue a business, you must name the correct legal entity. For example, a business may be a sole proprietorship, a partnership or a corporation. A sole proprietorship is an unincorporated business owned by one person, who may or may not use a trade name. The correct legal party is the individual owner. A partnership is an unincorporated business owned by two or more individuals. Again, the correct legal parties are the partners' actual names.
Florida has certain statute of limitations laws governing time limits for the filing of lawsuits and other civil actions. These range from two to five years, depending on the procedure. A lawsuit for libel or slander must be brought within two years of the date of the incident or discovery of a wrong.
You can sue someone in the small claims court for amounts not exceeding $5,000 (excluding costs, interest and attorneys' fees). The small claims court is not a specific building or courtroom or even a separate court, but a simplified court procedure designed to resolve civil disputes involving relatively small amounts of money, for example, a situation in which someone owes you money and will not pay you or has your property and will not return it.
Anyone who is 18 years of age or older may file a small claim. If someone under 18 years of age wants to file a small claim, her parent or guardian must file the suit on her behalf. To begin a small claims civil lawsuit in Florida, file a Statement of Claim form with the clerk in the county in which the contract was entered, ...
Contact the Florida Secretary of State, Division of Corporations at (850) 488-9000 to get information on a corporation, including the current status of the corporation, the names and addresses of the corporate officers and the name and address of the corporation's registered agent.
If you win a small claims court case in Florida, you become a judgment creditor. The court grants you a judgment stating how much the other party owes you.
Types of Defendants. You may sue an individual or a business. It's important to name the parties to the action correctly on all court documents, otherwise your claim could be rejected. If the party is a person, she is designated by her legal name.
If you suspect moving company theft, in addition to immediately notifying the police, you should contact a law firm with experience recovering damages for victims of fraud and theft.
Moving company theft is a recurring issue in West Palm Beach and South Florida, where wealthy residents and a booming real estate market has proven to be fertile ground for opportunistic thieves. The Business Trial Group has successfully represented clients in mover theft cases, helping them to recover the full value of their stolen items.
Upon delivery, the victims found numerous items missing, including paintings, furniture, and ceramic statues.
South Florida is a fraud hotbed due to the concentration of wealth in the area, the region’s large elderly population, and a transient lifestyle that sees residents coming and going throughout the year.
Understand your rights as a mover: download the consumer manual, “ Making the Right Move ,” published by the Florida Movers and Warehousemen’s Association.
Packing up your belongings for a move cross-state or cross country can be a stressful life event. When valuable items go missing during the move and you suspect moving company theft, the situation becomes considerably more unsettling.
Last year, employees from Two Men and a Truck were accused of stealing $75,000 worth of jewelry from a customer in Odessa. One of the alleged thieves had been in and out of jail numerous times, reports ABC News, although not for theft. The Two Men and a Truck franchise VP said that all employees must pass a background check.
A household carrier may, by contract, require that a claim can be made to it by a shipper within a period of nine months of the shipment and that a civil action can be initiated within two years after the denial of such a claim. The period for initiating a civil action is determined from the date the carrier gives you a written notice that the he has declined any part of the claim designated in the notice.
Each year, about 40 millions Americans move. While most of the moves end with no whatsoever complications, there are cases when moving companies avail of the special rights given them by law. Only from 2005 to 2011, about 50% of the consumers’ complaints were submitted in the Federal Motor Carrier Safety Administration due to overcharging and holding consumer property hostage, about 10 000 complaints. Although the Federal Motor Carrier Safety Administration is engaged to cope with hostage situations and to put rogue movers out of business, it has no authority to enforce a court judgment, or act as your advocate against the moving company. If you have been misled by your moving company and want to file a lawsuit against the company, here is what you should consider first. We’ll review the implications of the Carmack Amendment to the Interstate Commerce Act which was passed in 1906 as part of the Hepburn Act. Its terms are now found at 49 U.S.C. § 14706.
For an interstate move is assumed each move that during its course of action cross state borders regardless of the fact that the origin and the destination of the move might be locations at the same state.
And, furthermore, in order to file a lawsuit against your moving company if the company has your belongings and insist on paying more money, you have to pay the company first, and then you can possibly sue for actual damages.
As we already made it clear that the maximum reimbursement you can ask for under the Carmack Amendment is the actual loss of injury to the transport of the property, hence attorney’s fees are generally not recoverable. But in case your moving company is in a clear violation of 49 U.S.C. § 13901–13904 or 13906 (concerning registration and licensing, and security of the carriers), you may initiate a civil action to enforce any such section. And, in a civil action then, the court may determine the amount of and award a reasonable attorney’s fee to the prevailing party. If you are dealing with an illegal moving company (operating without a license), the consequences for the rogue movers will be severe.