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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 24582
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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Contracted movers have breached their contract. They did not

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Contracted movers have breached their contract. They did not pack us out, disconnect appliances. They left furniture and belongings behind and outside on the front lawn. The packers did not arrive. The moving team of 6 men and a minor packed our things. One man appeared drugged and vomited on our carpet.They intentionally "dropped" a box full of dishes. They did not honor contract to deliver within 48 hours after we call. They have charged an additional $500+ dollars that I must pay before they unload. I incurred several hundred dollars by renting an additional uhaul trailer and towing it 900 miles. The tow ruined my transmission and I had to purchase another vehicle...The things they left remain in storage at my expense till I can go retrieve them. What can I do?
Submitted: 4 years ago.
Category: Legal
Expert:  Barrister replied 4 years ago.

Hello,

 

If they have not performed as agreed unde the contract, you can sue them for breach of contract. The problem many people run into with movers is exactly what you are running into, the movers hold the person's belongings hostage and charge a higher fee, sometimes as much as double to deliver and unload. They quote a low moving rate initially and then they up the fee once they have packed and loaded the items and begin the move. They blame it on higher gas charges, more weight than was anticipated on the trucks, miscalculations, etc. and know they have the owner over a barrel because they need their belongings. The movers figure they are states away and the owner will just write it off to experience and never make the trip back to sue them for breach of contract. In most cases they are right and that is why they continue to do this to people.

 

Depending on the amount of the claim, it might be worth looking into hiring a lawyer in the old state to sue them on your behalf. Document all damages, overcharges and anything else that will show their negligence and incompetence. Keep a daily journal of your conversations with the company for evidence and then make the decision whether you want to let them get away with it or sue them.

 

Thanks.

Matt

 

 

I hope you have a better understanding of your question as a result of my comments. I am sorry if the answer is not what you would prefer, but as you know, sometimes the correct answer is good news, other times bad. I hope you have a better understanding of your legal issue as a result of my comments. If the information given in fact answered your question please click the GREEN "ACCEPT" button NOW, so that I receive credit for my work. If you need additional clarification on this question, don't hesitate to click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details. If you would like to have me help with further questions, you can request me personally in your question caption.

Customer: replied 4 years ago.
the 'amount' of claim is vague. A little help here
Expert:  Barrister replied 4 years ago.

What I mean if if it is a relatively small amount, say $1000-1500 it may not be worth your time and trouble to pursue it once you hire an attorney to pursue it. If your damages, extra moving costs, storage expenses, etc. are, say $2500 or more it may be worth your time to sue them. If you have any plans to return to the old state and want to pursue it without an attorney in small claims court, it would decrease your legal costs (attorney fees) and you may well want to pursue suing them.

.

In some cases, you will be entitled by law to recover attorney's fees. In those cases, you may be able to get a lawyer to represent you and charge you a contingency fee; that is, charge you a fee only if you win. In such cases, this can open up other courts to you which you otherwise may not be able to use effectively without a lawyer representing you. Even in small claims court, a lawyer can often increase your chance of winning or advise you of opportunities to collect additional damages. For example, in certain consumer and landlord tenant disputes you can recover three times your damages. A local attorney may be able to advise you about these particular state laws.

.

To find an attorney to assist you, talk with relatives and friends to see who they recommend. You may want to contact local referral services, or call the Texas State Bar referral service at 1-800-252-9690. Low income individuals may also be eligible for free legal assistance from local legal service offices or law school clinic programs.

.

If the amount involved is significant, or if you are not comfortable representing yourself, the assistance of an attorney may be a good idea. In other cases, you should be able to competently represent yourself in small claims court.

.

Thanks.

Matt

Barrister, Attorney
Category: Legal
Satisfied Customers: 24582
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 5 other Legal Specialists are ready to help you

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Barrister
Barrister
Attorney/Landlord/Realtor
6888 Satisfied Customers
14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs