Need Some General Legal Advice

[Thinker62]

I found a moving company via the net and checked them out with Better Business and they are a legit company based in Florida. They didn’t seem to have any black marks. So I arranged for them to move some stuff cross-country for me and gave them a deposit.

First the movers didn’t show up on the right day and caused me to take off work unnecessarily. Secondly, when they did show up, they tried to add in some charges that were not in the agreement. Since it was after hours, we could not contact their office, so they did not move the stuff. In the next couple of days, we compromised on the extra charges and scheduled another move date. I told them that they must be there because I couldn’t keep taking off of work. They promised that they would be there, but on the moving day, they did not show up. The next day they wanted to reschedule again, but I told them I wanted to cancel and wanted my money back. They seem very reluctant to refund my money. They keep referring to their clause requiring cancellation 8-days prior to move date. However, I believe they breached the contract when they did not show up on the contracted date.

What can I do?

Of course I am going to report them to the Better Business Bureau in Florida where they are located. But can I take them to small claims court? And if I do, can I file in OR, where I am, or would I have to file in FL where they are based? And if I have to file in Florida, can I do it from OR? Lastly, when I file, can I sue them for lost wages for the days I took off from work?

Any advice guidance would be appreciated.

Thinker

 

[bacharles]

Damn Greg,


That sounds like some scheisty sh^t going on. Seems to me like you have a legitimate case against the moving company, but I am no legal expert. I'm sure someone will chime in real soon with some solid legal advice for ya (Hope they don't charge ya). Good Luck and keep us posted.




Brian

 

[SierraFlyer]

I am not an attorney.....That being said:

I am not sure about Oregon law...This company in Florida is doing business in Oregon. You should be able to take them to court in Oregon. But even if you get a judgement against them, they have no assets to attach in Oregon. To have any teeth you must sue them where they live(assets to attach) and then hope to collect. You would have to get legal representation in Florida to sue them there (sorry no long distance law). You may not have to attend but the layer will cost more than the $1000 you might lose. And you might not collect on the judgement anyway. Talk to a layer in Oregon about interstate federal laws being broken? With internet getting more widespread and statelines being crossed, the feds may have something to say about this.

You might have a layer friend write up a threatening letter in an attempt to get some money back (free)? Or you might have a Florida Layer do it for a couple hundred $. If they see you are serious enough to go to them legally they might give the money back. That might be good money after bad though if they don't. Next time put the money in escrow account to be paid on completion of the job.

DON'T WRITE A THREATENING LETTER YOURSELF - THAT IS CONSIDERED ASSULT IF THEY WANT TO COME AFTER YOU.

I have seen sting operations on 60 Minutes. There are some groups that pick up your stuff and put it in storage. Then they tell you about many other charges. When you refuse to pay, they keep your stuff, wait thirty days and sell it. Be glad it didn't get that far.

 

[mikeyusf]

these mother f*ckin moving companies are the biggest criminals on the face of the earth. In florida, they are CONSTANTLY running stories about these a$$hol3s, they are nothing but rip off artists.

1) Have you already paid them? Cash or Credit?

2) Do they have your stuff?

Let me know ASAP

Mike

 

[Thinker62]

these mother f*ckin moving companies are the biggest criminals on the face of the earth. In florida, they are CONSTANTLY running stories about these a$$hol3s, they are nothing but rip off artists.

1) Have you already paid them? Cash or Credit?

2) Do they have your stuff?

Let me know ASAP

Mike

Mike, I paid them a deposit...roughly $1,000 check over the phone. They asked me to sign an agreement and fax them a copy of the check, which I never did.

They have not picked up the stuff but keep pushing me to arrange another pick-up date.

I think I am dealing with small claims court. Couldn't I file in Florida from here? Any other suggestions?

 

[bacharles]

these mother f*ckin moving companies are the biggest criminals on the face of the earth. In florida, they are CONSTANTLY running stories about these a$$hol3s, they are nothing but rip off artists.

1) Have you already paid them? Cash or Credit?

2) Do they have your stuff?

Let me know ASAP

Mike

Mike, I paid them a deposit...roughly $1,000 check over the phone. They asked me to sign an agreement and fax them a copy of the check, which I never did.

They have not picked up the stuff but keep pushing me to arrange another pick-up date.

I think I am dealing with small claims court. Couldn't I file in Florida from here? Any other suggestions?

Hey Greg,


When do we go on "Judge Judy?

" I would like to go as a character witness. I like that lady. She doesn't take any sh^t. I might be able to get a little something for being an associate to pain and suffering. Don't laugh...stranger things have happened. Judge Judy would be my first choice, then I would try Judge Joe Brown.




Brian

 

[fatjap]

When I moved to San Diego I saw a news show on a scam moving company working the east / west coast scam.

They went under Allied Movers not the real company of Allied Moving Company or maybe it was the other way.

I'm sorry I don't have clear details.
But I would research.

FATJAP

 

[Big Wall]

Here in Colorado we have a guy named Tom Martino who is a consumer advocate. He is always having people call up about moving companies. Check out his web site at troubleshooter.com, he may have some info there that will help you. His radio show is starting to go national so you may be able to pick it up where you live.

 

[STUNNAH]

You stated you paid a deposit by electronic transfer...Have you checked to see if that transfer has been completed???If it hasn't stop it...If it has check with your bank to see if they offer any assistance with a dissatified purchase...I believe that you would have to sue them in Florida not absolutely sure...Don't deal with a lot of civil issue's...

Man always use a credit card when dealing with people or businesses that you are not certain of...I know that you can get releif from them...They would give you the whole amount in question back with your explanation...Hope you can work it out...

 

[Kento-Moto]

Yep I agree with all the above. Credit cards can insulate you a bit better as you can claim and file a fraud report. I did when shipping my busa to Hawaii because bike only got as far as Honolulu and was stuck in a wharehouse for a month I had to personally fly over to get it. Anyway the entire $800 was removed from my credit card bill by my card company and never heard from the shipping co.
I would definately not reschedule with these guys! Try to put a stop payment through your bank. If you file a small claim in Fla make sure it doesnt require that you personally show up for court dates. Cal or contact BruceWillaims.com for further suggestions ( the guy is very smart about this stuff. )
Or finally have a couple of our large Busa Brothers in Fla go knockin on the door.

 

[Thinker62]

Thanks guys, I am going to try this stuff. I wish the company was closer, but what can you do. I will let you guys know what happens.

 

[200hp]

If it isn't to late I would stop payment on the check and let them try to sue you for the money. You said they don't have a signed contract, so there is no "clause" they can hold you too. The reason there may not be any negative claims about them at the BBB is these companies change names like most change underwear. It is only the cost of a buisness license and a yellow pagees add to do this. They keep the same owners, employees, buildings, and trucks. Wait until a company like this gets your stuff loaded. They often try to charge extra siting a weight clause based on cubic feet in a truck that you signed. The scam will not allow you to weigh your stuff for under a $1000 usually. There was a Dateline on this several months and they got ripped off 5 out of 6 times. Renting a truck and moving yourself is a huge pain in the ass but I don't know if I trust moving companies now.

 

[ks-waterbug]

Gregg, sorry to hear about your circumstance. Try these links for some legal advice. http://www.fllawonweb.com/SmallClaims.htm
and

http://law.freeadvice.com/resources/smallclaimscourts.htm

 

[ks-waterbug]

Small Claims Court

Miami-Dade County Courthouse
73 West Flagler Street, Suite # 135 | Miami, Florida 33130
Telephone: (305) 275-1155 | Business Hours: 9:00am- 4:00 pm


A claim up to $5,000 not including costs, interest and attorneys fees can be filed with the Miami-Dade County Clerk's Office as a Small Claims Action according to Chapter 34 of the Florida Statutes. Actions may be brought only in the county where the defendant resides, where the cause of action occurred or where the property involved is located. Landlord/Tenant disputes must be heard in the district where the property is located. The Clerk's Office can assist you in determining the correct district.

You (or your lawyer) cannot proceed until the defendant has been served. Be sure that you have the full name of the individual you want to sue and an address where that person can be served. If you are suing a business you must find out whether or not it is incorporated. If you are suing a corporation, you must have the full name under which the business is incorporated and the name and address of either a corporate officer or the registered agent of the business. This information can be obtained from the State of Florida Corporate Information Department at (904) 488-9000. If the business you are suing is not incorporated the correct company name and the full name and address of the owner can be obtained by calling Occupational License Bureau of Miami-Dade County at (305) 270-4949. The company you are suing may use a name other than the owners name, referred to as a fictitious name. That information along with the name and address of the person who owns the company must be registered with the Florida Secretary of State and may be obtained by contacting them at (904) 488-9000.

The costs for filing a Small Claims action include the filing fee, based on the amount of your claim, as well as a service fee for summoning each party to court. If a Final Judgment is entered in your favor as a result of your lawsuit, these costs may be added to the total amount of your judgment.

There are two methods which you may use to summon the other party or parties to court:

The sheriff or a certified process server may serve the summons and a copy of your lawsuit on a defendant within Miami-Dade County for a fee. To obtain a list of process servers in Miami-Dade County, you should contact the Administrative Office of the Courts at (305) 349-7369. For service outside of Miami-Dade County, you must make arrangements to have a process server of the sheriff of the county where the defendant lives serve the papers.

You may attempt service of a summons on parties within the State of Florida by certified mail-return receipt requested. A deputy clerk can assist you with this procedure at any of the filing locations. There is no fee for this except the actual cost of mailing.

When you are ready to file your case bring all the information and papers concerning your claim with you to one of the filing location. If the claim is based on a written document, a copy must be attached to your formal Statement of Claim. At the filing location, a deputy clerk will assist you. You will be required to fill out an information sheet with details of your claim.

Once your suit has been processed a pre-trial date will be assigned and you will be notified of the date at that time or by mail. At the pretrial hearing bring any documents to assist you in proving your case but do not bring witnesses. If no agreement is reached at the pre-trial hearing the case may be referred to a mediator. If no agreement is reached you will be given a trial date. It is your responsibility to subpoena any witnesses to help prove your case. A deputy clerk at the filing location will assist you.

If the judge makes a decision in your favor you will receive a Final Judgment by mail or be instructed to obtain a final judgment form to submit the judge for signature.

A Final Judgment is a legal document that states that one party is entitled to recover damages in a specified amount from another party. Interest will be added on the amount awarded until the Final Judgment is satisfied.

At any time during this process the defendant may pay you and settle the claim. However, obtaining a judgment against a party is NOT the same thing as collecting that judgment. Post-judgment legal procedures are often required prior to any collection. You may find it necessary to retain an attorney to assist you in post-judgment procedures.

 

[Revlis]

Damn Waterbug...All the Intel a man could need....Nice work

 

[Juggler]

You may want to check a local news station that has a consumer advocate. I've seen them tear into slime bag companies. Getting some bad press may turn things around for you.

Good luck!