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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Attorney
Category: Business Law
Satisfied Customers: 1718
Experience:  Practicing Attorney with 10 years experience
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I need to file a law suit against a moving company and

Customer Question

Hi, I need to file a law suit against a moving company and looking for advice. Here are the reasons:
1. Lot of missing items that was never returned (have written notification from the movers)
2. Lot of damaged items when they delivered at the destination
3. They did not delivered a 60 inch TV. The reason given to me was it fell off the truck. but this was never delivered.
I'm looking for options on filing a suit on theft or breach of contract.
Thank You
Submitted: 1 year ago.
Category: Business Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question and thank you kindly for requesting me to assist you with your concerns.

In what state are you seeking to file? Where did you move from and where did you move to? In what state is the company incorporated? Are they admitting any of the damages? Did they have insurance, or you do not know?

Customer: replied 1 year ago.
In what state are you seeking to file? IL
Where did you move from and where did you move to? Chicago, IL to Charlotte NC
In what state is the company incorporated? Kent, WA
Are they admitting any of the damages? They admitted only to TV and missing items. for other damaged items, I took pictures in front of the movers but I don't have any written notification
Did they have insurance, or you do not know? I submitted the claim through their insurance company MovingClaims.net. The insurance I had with them was 60 cents / pound. Even if I applied 60 cents / pound on all the missing and damaged items it is more than their final settlement of $70.
Expert:  Dimitry K., Esq. replied 1 year ago.

Did their insurance agree to a settlement with you, or not yet? Also did you have any contract in writing which listed where any disputes are to be heard?

Customer: replied 1 year ago.
They agree to settle for $70. I have bill of lading that I can forward it to you.
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

My concern is where you end up filing. If they are located in Washington state, that is generally the best place to file suit unless you have a contract between you both that stated that any conflicts would be resolved in a different jurisdiction, such as Illinois. Therefore if you file in Illinois, they stand a good chance of contesting and removing the case to Washington. You CAN sue on your own via small claims--in Washington state the small claims limit is only $5,000 so if you wish to file for all your damages you'd need to file in a higher court. Illinois has a higher limit of $10,000 but I worry that it will be rejected and you'd be forced to re-file. Please be aware that you have the burden of proving that they packed the items and you either did not receive them or they were damaged. But you do have legitimate grounds here for filing.

Sincerely,

Dimitry, Esq.

Customer: replied 10 months ago.
Hello Dimitry,I have a follow up question on this case.I came to know that Global Transportation has listed wrong MC in the contract and did not participate in the arbitration program (Moving Pros Network LLC) . Since they are illegally using MPN, Moving Pros Network LLC have advised the FMCSA Accordingly.Also, they are not in business anymore.The question is on where to file the lawsuit given the fact that Global Transportation is not in business anymore.1. The logo in the binding estimate says they are in Houston, Nashville and Chicago.
2. Based on the MC 786232, The FMCSA -> carrier details website is pulling their business address as Houston, TX.
3. The bill of lading contract says their address is Kent, WA (Seattle suburb).Can I file the lawsuit in Houston or Chicago?Thanks again,
Naren
Expert:  Asad Rahman replied 10 months ago.

You can file suit where your damages occurred in Chicago. If you can get a judgement you can seek to have it enforced it in other states.