It depends on the amount of damage you are claiming. As long as the amount of damage is below $10,000 then you are able to file a claim in small claims court. However, if there is an arbitration clause in your contract, then they could seek arbitration after you file your claim. They would have to answer to the complaint though in court and seek to compel arbitration. Therefore, either way, you will have a hearing in court, or at least an arbitration proceeding.
Customer: So, should I go ahead to file a complaint at the court?
Yes, that will at least force the movers to answer to your complaint. If they do not, then they will default and you will win.
Customer: Should I bring my husband and my son to be my witnesses? The driver brought the machines at 10:30 pm. He asked me to pay 35% of the cost of moving in cash or money order first. He asked m to signed the paper and he brought machines in. He reported the damaged by phone only, not in writing
Yes, you should bring whatever evidence you can to show that the movers caused the damage and the amount of damage
Customer: I don't buy the liability insurance because they have one covers with $.60 per lbs. But my machines cost $2000.00 Thelawman2 :
Just because you didn't buy liability insurance that was offered does not mean that you cannot sue for the damages
Customer: Can I ask them give me back the payment $885 for the moving cost ?
If you ask for that, and they give it to you, that could be seen as a settlement for the damages they caused.
Customer: I've called them so many times to ask them proceed my claim because I use these machine for a living. It has been three months already that I'm out f job, can I do a counterclaim for my lost income also?
Customer: Sorry, out 'of' job
Probably not. The loss of your job is too unrelated to the contract you had with them.
Customer: Should I hire a paralegal to help my paper works? Do you know how much would it cost?
Hiring someone experienced in the procedure of filing a claim would be helpful; however, it could easily result in costs that exceed the amount you are trying to recover.
If you contact the clerk of the courts, they might be able to help you with the process. Small claims court is supposed to be simple enough to permit people to go it on their own
Customer: Do I still have enough time to file a complaint because it has been three months already?
Yes, you have four years to bring a complaint
Customer: I can go to the court in Texas, not in California, right ? The driver did not say what happened, how did it happen or where?
Yes you can sue in Texas
Customer: Thank you so much for your help today. I am very happy with your service. Have a good evening!