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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33057
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I moved recently from New Jersey to. move I red Century

Customer Question

Hi ,
My name is***** moved recently from New Jersey to Virginia.
For my move I hired Century Moving Services. Initially they give estimate of 2,200/- and 50 % ,I need to pay in New Jersey and 50% once they delivered goods in VA. When they actually came to my house in NJ They told actual goods are higher and I need to PAY 4,500/- For total move. I agreed upon it. But after loading entire goods in Truck, they changed the words. they said I need to pay 6200/- for total move. I fed-up their changing words, I called cop. Cop told me , I need to accept their terms to pay 50 % 0f 6200 , it is 3100/- in NJ and balance in Virgnia , once they did the move.
I paid 50% of 6200, it is 3100/- in NJ. In 3100/- I paid 1700 by credit card and 1700 by cash.
They moved the goods to VA. Even before downloading the goods in my home in Virginia, they forced to me to pay remaining balance in Cash . Because there is no option left , I paid remaining
3100/- in Cash. They downloaded my luggage in my home in Virgignia. But they spoiled
tread-mill and eliptical machine , which is total worth of 2000/- and they missed 3 boxes of
silver items, which costs $10,000/- . Normally they will take inspection report from the
customer,Even they did not allowed to give inspection report and movers are simply ran away.
I called their company . But no response from them. Since there is no option left, I disputed
the 1700/- of credit card payment. But Credit card company American Express is telling me,
since I signed contract I need to pay 1700/- . Then How can I protect interests.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

What exactly do you want to accomplish?

Customer: replied 1 year ago.
This move I got lost of 12,000/- . how can I get my money back ? Partially or full ?
Customer: replied 1 year ago.
are you there
Expert:  Dwayne B. replied 1 year ago.

You're going to have to file a lawsuit but usually the moving company contracts have all sorts of limits on suing. Your best route at this time is to take your paperwork to a local lawyer and have them review it and then discuss them bringing the lawsuit. The lawyer can discuss the facts, prices, etc.

Customer: replied 1 year ago.
Can I go small claims court
Expert:  Dwayne B. replied 1 year ago.

You can but the most you can recover in VA small claims court is $5000. If you want to recover more than that you have to go to a different court.

Customer: replied 1 year ago.
how to file the case ? how can I justify my argument ?
Customer: replied 1 year ago.
can you help me in paperwork
Expert:  Dwayne B. replied 1 year ago.

All the info on filing a lawsuit in small claims court in VA is at http://www.courts.state.va.us/resources/small_claims_court_procedures.pdf

The form you need is at http://www.courts.state.va.us/forms/district/dc402.pdf there are other forms on the same website.

As far as how to make your argument, that's something I can't really tell you because it depends on what the other side says, how the evidence is presented, etc. What I would suggest is you pick up a good book on the topic of small claims lawsuits like the one at http://www.lessonsinlaw.com/the-guerrilla-guides-to-the-law/the-guerrilla-guide-to-small-claims-court/

That one is an ebook and I recommend it because it has a lot of good information on how to handle your case from beginning to end plus it is very reasonably priced.

Expert:  Dwayne B. replied 1 year ago.

No, as the click through pages explained we're not allowed to prepare paperwork or even tell you what to put in there.

Expert:  Dwayne B. replied 1 year ago.

Also, the moving company is almost certainly going to be represented by attorneys so you may want to consider that when making a decision as to doing it yourself or hiring a lawyer. Since it is a breach of contract lawsuit if you do use a lawyer then you can recover their attorney's fees as well.

Customer: replied 1 year ago.
but what is propability of winning. ? When items moved from one state to other state, wihtout taking inspection report moving company people ran away . Is this can I make an issue ? I dont want to go through local attorny, if winning chances are less.
Expert:  Dwayne B. replied 1 year ago.

If the judge believes you then you should win. In a case like this it boils down to who the judge believes. You can also support it by evidence such as pictures, etc. If anyone helped you pack up for the move then their testimony can also help you prove it.

Your chances of winning should be good but they will be even better if you use an attorney since they will know how to present the evidence and they can discuss what evidence you have and how to present it to the judge. There is no reason you shouldn't be able to win the case.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread.

Customer: replied 1 year ago.
going through attorney might be costly affair. I dont know how much they might ask. Can you pls. tell me positive points
and weak points in my case. If I decide to go to small claims court , what all do you beliieve are good and I can draft it
Expert:  Dwayne B. replied 1 year ago.

I can't tell you those because I can't do a complete evaluation of the case which requires an in person interview and an examination of all of the paperwork. That is the only way to identify the strong and weak points of the case. Just as an example, for the initial interview on cases I used to handle it usually took an hour or so in person to get the facts and an idea on how to pursue the lawsuit. Then, after the lawsuit was filed, I would usually meet with my client several more hours worth after I had done discovery and gotten the responses from the other side.

That isn't required for the initial paperwork anyway. All you really need to do is just follow the directions on the form.

Expert:  Dwayne B. replied 1 year ago.

As far as what an attorney would charge the only way to find out is to make an appointment and talk to them about it. Most lawyers don't charge for the initial appointment and it is worth while because they can do the interview and probably help you to identify any issues with your case as well as the strong points because they can do the in person interview that is needed.

Expert:  Dwayne B. replied 1 year ago.

I am about to sign off for the evening.

I believe your questions have been answered so I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, if you have additional follow up questions I can answer them tomorrow when I am back online.

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