my camera was stolen by the movers. Can I ask refund?

[worldtraveler]

I used a moving company this August in CA. 3 movers came to our apartment to move to a new house. After movers left, I noticed that my camera was missing. I kept looking for it at a new house, but I also contacted the moving company to notify it to them. They did not take my contact seriously, they just told me that I should find it somewhere in my house. After looking for my camera everywhere in my house, I judged that it was stolen. Thus I filed a police report, and file a complaints in BBB. After the moving company received my complaint through BBB, they furiously called me back to blame me that I am "enlarging" the argument. After I sent them my second letter to the moving company, the owner of the company told me one of the movers was dishonest, and he found my stolen camera in a pawn shop. (I expected that I should receive such contact from the police, since I did not let the moving company know my camera's serial number, although I reported that number to the police...) I do not know how the owner of this moving company found my exact stolen belongings.

The moving company also sent several photos of my stolen belongings and I could confirm that that is my stolen camera. But seems that small items (such as batteries, memory cards, filters, etc.) are missing. One attorney told me that I can bring this case to small claims court to ask this moving company pay for my actual damage cost (such as lost memory cards, etc.) I am about to visit BBB to meet the owner of the company and to check my belongings. I have also found through BBB that this moving company does not have any wishes for mitigation to settle down.

When I bring this case to small claims court for the actual damage costs, I would like to know what else can be paid by this moving company. I have spent my time to file police report, complaints, and visit attorney. It is likely that I need to have a day off from my working place to go to the small claims court. Some friend told me that this should be included on the document submitted to the small claims court as the moving company owes me. I would also like to know whether I can ask refund my moving cost, I paid to this moving company, in the small claims court. In my understanding, I had a contract for the moving service with the moving company, and I guess it is obvious that I did not get the service I paid for. The contract was breached by the mover with stealing my belongings.

Please let me know if you would have any comments.

 

[mightymoose]

Actual damages (value of lost property) and any costs you incur attempting to recover that loss can be asked for in court. This includes court and attorney fees. You won't get anything for missing work. You also won't get a refund of the moving cost. The company will have to make you whole for the loss, and the person that stole the camera should face criminal charges. Are the police involved at all with this recovery of the camera? If you reported it stolen then they need to be involved with this and obtain statements from the owner, employer, and workers at the pawn shop... otherwise there will be no criminal charges.

 

[jharris352]

Moose is correct. Your things were moved although one thing was stolen, you still received the service that you paid for so you can not recover the costs of moving. If your camera was returned, you can not sue for the cost of the camera unless it was broken or something like that. You can sue for any items that are missing, but I would imagine the moving company would prefer just to pay you for those.

Missed work, time to file, BBB complaints and such are not "damages" and can not be recovered. I know you are angry, and I don't blame you, but it doesn't sound like you actually lost very much now that your camera is being returned. I would follow through with the police because that person shouldn't be moving other people's belongings and the pawn shop needs to be investigated to see if they are property reporting the items they buy. Good luck.