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I stored a $7,800 sofa at FlatRate moving and storage for…

Customer Question
I stored a $7,800...

I stored a $7,800 sofa at FlatRate moving and storage for the past 8.5 years.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

New York State, but the storage is in Newark. I believe they are licensed in NY, tho. The sofa arrived dented, moldy and without a cushion—which they admit they have lost. The sofa, including cushion, was made of down. Very expensive. They have since picked up the sofa and are trying to repair it. I told them that it was unacceptable...that they'd never be able to match the fabric, etc. That I expected to receive the exact sofa I entrusted them with and that I'd like to make a cash settlement ... it doesn't have to be $7,800, but something reasonable. Not only will they not discuss a settlement and insist on "fixing" the sofa, they have charged me $477 for delivery and will not remove charge. What are my rights?

Lawyer's Assistant: Has anything been filed or reported?

I've alerted CapOne Visa last week about the charge, but beyond that, nothing has been reported on my end ... just a series of frustrating emails. I would think that a large company like FlatRate would have insurance for such incidences.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's about it

Submitted: 6 months ago.Category: Legal
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Answered in 6 minutes by:
1/9/2018
Lawyer: Nisha Jones,
 replied 6 months ago
Nisha Jones
Category: Legal
Satisfied Customers: 3,482
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good morning, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Lawyer: Nisha Jones,
 replied 6 months ago

I'm very sorry to hear about your situation.

Your recourse here depends largely on what your contract with FlatRate stipulates.

Did your contract for the storage of the sofa have a damages clause? It should have a clause that stiputlates what FlatRate's liability is in the case of a damage, lost, or misplaced item.

Your moving contract should also have a damages clause, stipulating what exactly FlatRate's liability is. Usually there is an amount listed as a cap.

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Lawyer: Nisha Jones,
 replied 6 months ago

FlatRate will have to compensate you in accordance with the damages and liability clauses listed in your contract(s).

The amount you can recover for the damage will also be limited by the amount listed in the contracts.

If FlatRate fails to pay you what's owed as stipulated in your contract, your recourse would be to file a claim in civil small claims court to recover the money owed.

I'm sorry to not have better news for you but I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Lawyer: Nisha Jones,
 replied 6 months ago

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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