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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 11783
Experience:  JD, MBA
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I requested service to have my household goods shipped and

Customer Question

Hello,
I requested service to have my household goods shipped and POV from Tampa FL. to Oahu HI. The company that provided me a binding quote of $2100 is hold my personal HHG's and states that I owe approx $6500.
- BOth my HHG and POV was picked up on the same day 14 July 2016
- I received my POV in Hawaii within two weeks
- I called and requested the status of my HHG and was told that the ship was sent to California and would be stored there until I pay approx $6500
- The company Sent a Third party company to pick up and pack out my HHG's.
- My POV was picked up and loaded on a vehicle housing trailer truck
How can I proceed and get my personal HHG's returned to me?
Very Respectfully,
Willie
Submitted: 3 months ago.
Category: Legal
Expert:  TJ, Esq. replied 3 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.

If the company is in violation of your contract by refusing to voluntarily return your property, then you have no choice but to sue the company. I strongly suggest that you retain an attorney for this rather than attempt to sue the company yourself. If you were to sue the company without an attorney, then there is a very good chance that you will lose even if you have a very strong case. Also, if you have an attorney, then there is a reasonable chance that the attorney can get the property back for you without having to actually sue. The threat from the attorney may be enough to get the company to honor the contract voluntarily.

Having said that, I think that hiring an attorney will also be helpful just so he can review your paperwork to be certain that the quote that you received was binding (as you suggested), and that it applies to exactly the service that you purchased.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 3 months ago.
Do you recommend I send a letter expressing my intention with hopes that the will return my HHG without obtaining a lawyer. If I obtain a lawyer can I sue for the company to pay my out pocket expense related to this matter and the cost for legal assistance?
Customer: replied 3 months ago.
What happens if they return my goods prior to the case going to court, will I still be able to have the company cover my legal cost?
Expert:  TJ, Esq. replied 3 months ago.

Hello again.

Q: Do you recommend I send a letter expressing my intention with hopes that the will return my HHG without obtaining a lawyer.

A: That is certainly a good idea, though I will caution you that it probably would not work if the company already refuses to comply. On the other hand, it doesn’t hurt. At most, you are losing the cost of postage. So, it is worth a shot.

Q: If I obtain a lawyer can I sue for the company to pay my out pocket expense related to this matter and the cost for legal assistance?

A: That would be a matter governed by the contract. If the contract states that the losing party must pay the attorney’s fees for the winning party, then you can certainly ask the judge to award attorney’s fees. If the contract does not have such a provision, then most likely you’ll have to pay your attorney’s fees yourself.

Q: What happens if they return my goods prior to the case going to court, will I still be able to have the company cover my legal cost?

A: If you sue, and if the contract provides that you are entitled to attorney’s fees, then you can indeed still recover those fees and court.

I hope that helps. Please let me know if you need further clarification, and please remember to provide a positive rating via the stars (and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Customer: replied 3 months ago.
Can you provide some type of example letter to send stating my intentions?
Expert:  TJ, Esq. replied 3 months ago.

Hello again.

I would write something like:

“Please be advised that you are in breach of the contract entered into on <insert date>, in which you agreed to deliver my personal property to Hawaii for $2100.00 (a copy of the contract is attached hereto for reference). To date, you have not delivered such personal property, and instead demand an additional $6500.00 not contemplated in the contract. If you do not deliver my personal property to Hawaii within 14 days from the date of this letter, then I will be forced to seek legal counsel as to all of my various legal rights and remedies, including the possibility of filing a lawsuit.”

Expert:  TJ, Esq. replied 3 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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