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I recently had an issue with moving company in California.

Customer Question
Hello, I recently had...

Hello, I recently had an issue with moving company in California. We moved from CA to NC about a month ago and the moving company forced us to pay more than double the agreed price and also did not deliver the household goods yet. In this case, how I can claim them?

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

I moved from San Jose, CA to Cary, NC a month ago. I am in Cary now and the moving company is in CA.

Lawyer's Assistant: What steps have you taken so far?

No legal actions. Just sent them the complain letter. I described all the issues detailing by date up to now.

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

I want to understand the legal fee, if I am allowed to claim in NC to CA based company.

Submitted: 1 month ago.Category: Legal
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3/16/2018
Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 10,197
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 1 month ago

This appears to be a classic breach of contract if they charged you double what you agreed to pay and didn't deliver the household goods on time. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach, which could include a court requiring them to honor their original agreed upon price. You can make a claim against a CA based company even if you live in NC. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Appreciate your response. Here are some more details of the case for your review.1. Moving companies:1) Broker: USAAA Moving (US DOT:(###) ###-####/ MC#: 902946)
*****#224, Canoga Park, CA 91303
Tel:(###) ###-####
2) Mover: Sky Van Lines (US DOT:(###) ###-####/ MC #: 809843)
14937 San Fernando Mission Blvd, Mission Hills, CA 91345
Tel:(###) ###-####/(###) ###-####/(###) ###-####2. Moving details:1) Pick up location: 4930 Paseo Tranquillo San Jose CA 95118
2) Destination: 2522 Pickett Branch Road, Cary, NC 27519
3) Pick up date: 2/13/2018
4) Delivery date: Not confirmed yet3. Claimed details:1) Delivery delays & communications:- It has been about a month since the truck left from the pick up location but there has been no confirmation or even the notice of delivery date communicated from the moving companies. USAAA Moving, a broker, signed the contract with us, but they simply advised us that they were not responsible for the delivery of the truck and did not take any reasonable actions to track the trucks and communicate with us.
- Sky Van Line intentionally keeps away from the communication to notify us the delivery date. Despite of continuous calls and e-mails, there were no return calls or written responses to the questions on the delivery date confirmation. Up to now, no information was provided by the company for the status of truck.
- They mentioned they could deliver 8 - 12 b days and the contracted stated max. 21 b days. The max deadline is already over as of 3/14.2) Contract violations:- USAAA contracted with us for the items based on the agreed items of household stuffs. The estimate was made on “binding moving estimate” for $2,900. As long as I move the same number of agreed inventories, the total volume would be 600 CBF and they assured that there won’t be any more additional charge. However, when the truck driver came to us, we realized that another moving company, “Sky Van Line” declared that they were the actual mover and USAAA was simply broker. Sky Van Line forced us to sign on the much higher CBF for our goods, 1,000 CBF and the amount of more than double. As we had to leave from the home next day, we had no choice but to accept it and move.
- Sky Van Line manager suggested us we can pay $450 deposit to USAAA (which was already paid) and $2,000 at pick up and balance $2,050 at the time of discharge, so total of $4,500. However, the driver strong insisted total of $4,950 when he prepared the B/L and forced us to sign on it after completion of packing. They threatened to unpack everything, so we were forced to sign on the B/L. So far, no written confirmation from Sky Van Line for the balance amount yet.
- Sky Van Line did extremely coercing and threatening acts in the course of packing. Poor and careless packing behavior followed.
- I clearly requested USAAA if they were the actual mover, not broker, but Sandy from USAAA stated that they were the actual mover, however in realty, they were not. Since then on, she did not pick up the phone from us.
Customer reply replied 1 month ago
This form you introduced me is used for claims at the court? How can I use this form?
Lawyer: Legal Eagle, Lawyer replied 1 month ago

Thanks for providing this. If you were to use that form, my recommendation would be to take what you have regarding the "delivery delays and communications" and put that into your letter. The same for the contract violations section as well. This way, the other party knows the basis of your problems. The form I recommended is just an informal template breach of contract letter that you could send. It has no bearing with the courts. I have just known that many, many people have used a document like this to explain their legal position to the other party, who will often start the process of working with you out of fear of litigation.

If you needed to go to court, you'd have to go to a local civil court to get official forms to start that process, but I always recommend going through the informal process first.

Did you have any other questions for me today that I could help you with?

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