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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38329
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I hired a moving co to move me from ca to Ironwood Michigan.

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I hired a moving co to move me from ca to Ironwood Michigan. I am on social security am 100% disabled with a respiratory condition. That is why I move to the U.P. in hopes of feeling better. I talked to a couple different movers. The one I chose was "First call Movers" I am a single woman who will be 60 in 12/18/13. I had money saved I decided to use it to move, since my doctors told me I should find away to move. The moving co took an inventory over the phone. I specified I had large furniture and an elliptical machine which was very large. They said when repeating the inventory that I had a tall dresser and a small piece of excercize equip.. I emphatically corrected them that my dresser was long not tall, and the elipitical was large. They acted like they corrected the mistakes. I pd them almost a $1000 deposit A couple of weeks later, I received an e-mail asking me to verify the inventory. They did not correct the mistakes and charged me 290.00 for the lond dresser and elliptical. Moving day came they walked in and said I had too much stuff( I lived in a 1bedroom apt) They were going to have to charge me $5800.00 instead of the 24 they quoted me! I called the company and they said the driver said I had more than 555 cu sq ft! I said I gave you an inventory you calculated the square footage not me! They never said a thing about footage until that moment. We got in a very heated argument. I told the movers I would rent a U-Haul they could leave. My daughter (28 yrs) and Grandson (18 yrs) were there to help me they could drive. I got a call from the movers company...Not the Broker. She said there was no way I could move all my things any cheaper and she would cut some of the cost. I realized I would not be able to load a u haul and drive across country, by the time I had to sign the escrow papers on my house I was buying in Michigan which was 4 days away. I told the lady that I was going to take the broker to court, She said I will help you sue them! They didn't take my side by side stainless steel Whirpool gold with ice and water in the door, because it was too much and they would have charged me more. I sold it it to a friend for $200.00. That was on august 18th. when they left I said you will have it in Michigan on 08/24/13? They said it could take 4 weeks! They never mentioned that! Till they were walking out the door and I pd them $2400.00. They said when they bring my belongings I will have to pay with cash or a postal money order because I couldn't stop payment on them. It is 09/03/13 I still haven't received my belongings. I have been sleeping on the floor. They took my savings. I had to use a credit card for most all of the trip. I am the type of person who if I use a credit card I pay it off the same month. Can I take them to small claims court? I called them 2 days ago and the woman who said she would help me sue them lied and said the movers had to walk up 4 flights of stairs, which was not true. There were 2 flights and the 1st flight was free. I showed them where the ramp was so they wouldn't have to carry the heavier items. their headquarters is in Ft Lauderdale Florida, I was in Ca. They were moving me to Ironwood Michigan. Can I take them to small claims court? I read the reviews online after the fact. It appears this is the way they do business.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question. Please permit me to assist you with your concerns.

The whole situation sounds extremely stressful which I am sorry you were exposed to. In th contract that you signed, is there anything about how quickly you are supposed to receive your items, and is there a quoted set price? Do you have a copy of the agreement available for review?
Customer: replied 1 year ago.

I have several copies in my e-mail and a paper copy the mover had me sign before he left. It says the first day your items can be delivered. I said 08/24/13. So that didn't bind them to that day. It will all end up costing 5800.00 I am broke and sick and alone. it is very sressfull

Expert:  Dimitry K., Esq. replied 1 year ago.
Kathleen,

I will try to make this less stressful. Do you know if they have offices in California, or in Michigan where you are now located, or are they solely based out of Florida?
Customer: replied 1 year ago.

I don't know their address says Florida. But the actual movers says Tarzana Ca. I would have to look at my emails. I would lose my connection to you

Customer: replied 1 year ago.

I just checked the e-mails and it say florida

Expert:  Dimitry K., Esq. replied 1 year ago.

Kathleen,

Before you do that, let me post an answer for your review. Then if the information I provided is not quite what you found in their documentation, you can reply to me and we can amend the response.

What you are describing appears to be a 'bait and switch' operation that intentionally provides one set of numbers to hook you in, and then an another set of numbers for the actual contract. Unless something fundamentally changed on your end, and they can justify the additional costs, what you are describing happens to be against the law. As a consequence I would very strongly urge you to reach out to the California Attorney General's office, speak with the consumer protection division, and request that they investigate. You can also directly contact the California Department of Consumer Affairs below and likewise request that they look up this company for you:

http://www.dca.ca.gov/

As for filing for small claims, you can most definitely do so if the company has failed to honor terms, unreasonably changed the terms, and attempted to charge you more (or is now withholding your items without cause, not to mention refuses to ship them to you as contracted). Since the contract took place in California, to sue you would need to pursue them in California as well. You can sue for the costs you were exposed to, the loses to your property, and the value of items that they are unreasonably withholding. You can likewise sue in Florida if they have no physical location in California, since their head office is the location for suit if all other locations are not able to be pursued by you.

Good luck.

Customer: replied 1 year ago.

Can I sue them in Florida? I am sick and cant get back to ca. My son lives in florida he could help me/

Expert:  Dimitry K., Esq. replied 1 year ago.

Kathleen,

If their office is in Florida, then you are always able to sue a defendant business at their place of incorporation. That is likewise a valid option if that is where they are located.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38329
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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