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What kind of lawyer would handle property damage from a moving company?

Discussion in 'Small Claims & Municipal Court' started by Christopher Davis, Aug 31, 2020.

  1. Christopher Davis

    Christopher Davis Law Topic Starter New Member

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    Jurisdiction:
    Tennessee
    I'm trying to figure out what kind of lawyer would handle a dispute with a moving company, involving property damage. I have no idea what kind of lawyer to call. All the specific areas listed on these forums don't seem to apply.
    I'm planning to file a small claims suit against the company and I need a consultation.
    Thank you for any guidance.
     
  2. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Any general practice attorney should be able to help.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    Any lawyer that handles business and contract matters.

    You might have difficulty finding one that would be willing to spend time on a small claim (granted, not small to you.)

    You might save yourself some time by telling us what happened, how it happened, how much money you are looking for, and what discussions you have had with the movers. If you do that, have your moving contract handy and upload a copy here so we can read it.

    You might get some helpful comments.
     
  4. Zigner

    Zigner Well-Known Member

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    Uploading a copy of the contract for review wouldn't really be appropriate, as it goes beyond the scope of an internet forum.

    With that said, the OP needs to look carefully at the limitation of liability section of his/her contract with the moving company.
     
  5. army judge

    army judge Super Moderator

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    I suggest you read (or reread) the contract and other documents you signed.

    Carefully review the terms laid out by the company in the agreement(s). Certain requirements may be included regarding how to handle issues you have with the company.

    The contract may state you’ll need to notify the company of damage and file a claim in a certain period of time, such as within nine months of delivery. It also might note limitations about the amount of money that can be claimed. In some cases, your option might be arbitration, rather than court.

    The Federal government will also investigate and adjudicate certain issues between you and the mover!

    If you feel you have been a victim of fraud by a moving company, moving broker or auto transporter, you can file a complaint with the FMCSA with our online complaint tool or by calling 1-888-DOT-SAFT (1-888-368-7238) between the hours of 8:00 am and 8:00 pm Monday through Friday Eastern Time.

    File a Moving Fraud Complaint | FMCSA


    Additional information:

    Unhappy With Your Movers? This is How to File a Complaint Against a Moving Company - The SpareFoot Blog
     
  6. Tax Counsel

    Tax Counsel Well-Known Member

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    You want a lawyer that handles civil litigation. Your issue may involve both tort (negligence) and contract law. But if it is small claims then that consult might prove more than you want to spend.

    Your options here depend in part on whether this was an interstate (moving from one state to another) move or an intrastate (the whole move start to finish was in the same state). Interstate moves are regulated to some extent by federal law and those laws are enforced by the FMCSA, as Army Judge pointed. Intrastate moves, on the other hand, are only regulated by the states, and most states don't have much, if any, rules on moves. You also need to read your contract carefully. Does it require arbitration? Does it claim to limit liability for damage in any way unless you buy insurance? If the mover offered insurance, did you take that insurance?
     
  7. flyingron

    flyingron Well-Known Member

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    Even interstate moves don't give you much recourse on things. Usually, damage payouts by the weight of the item, which is pretty low. I had a piece of furniture disappear on me on an interstate move, very strange. The driver and I both remember it being carried out of the house but it wasn't there the next day when we were unloaded in the next state.
     
  8. Zigner

    Zigner Well-Known Member

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    Reputable attorneys don't troll forums looking for clients.
     
    justblue likes this.

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