I moved to New York from California and bought a house. The company I used to work for worked in the shipping industry and was responsible for shipping my belongings here.
Months before my wife and I moved I would pester the manager for a firm price and he always brushed me off telling me that 'they would take care of me' and 'don't worry about it.'
Towards the move date I got a figure out of him of around $700 for one large crate. This was all verbal. Nothing was ever in e-mail or writing of any kind.
Four weeks after I arrived in New York they still hadn't sent my belongings.
I finally got a call from the Manager telling me he hadn't been able to get the price that he always got and it would now be around 2500. I told him on the phone that there was no way I would pay this and he needed to go and do better.
The next correspondence was a text letting me know a delivery date for the items.
Again, nothing was ever in writing.
They are now pestering me for 2500 and I have not ignored a single e-mail from them. I have told them that I would be more than willing to settle the bill at the 700 agreed and they wouldn't get any money until I had it in writing that they were ok with that.
Today, 8 months later they have just sent an e-mail to me explaining that they are going to place a lien on my house...
I need to know if they are going to be able to go to court and do this. They have nothing in writing anywhere that I ever agreed to the amount and nothing in writing that I even asked them to do this.
Should I be worried?
Al;so, will I get a letter telling me to go to court in LA and if I don't go do they automatically win the judgement?
1 Answer from Attorneys
It is hard to say what a judge will do with a case like this. There is a lot of "gray" in the facts you provided, so it could honestly go either way in front of a judge. The key is that you need to prove that they quoted you $700, then picked up the crate. If they quoted you $2,500 before they collected the crate, then you will need to prove that you attempted to cancel the move, but they went ahead anyway. Yes, they may be able to sue you in Los Angeles because the initial contract (even if it was verbal) was made in LA. If you don't show up for court, they will win by default.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Related Questions & Answers
When married, is every cash and other asset automatically legally considered... Asked 2/18/12, 5:19 pm in United States California Credit, Debt and Collections Law
I understand that your credit can eventually be built up again, but I've also heard... Asked 2/17/12, 12:00 pm in United States California Credit, Debt and Collections Law
I have credit cards in collections. I am not disputing them; but i have tried to set... Asked 2/16/12, 3:04 pm in United States California Credit, Debt and Collections Law
Is a valid and enforceable 998 settlement enough proof for collection? What steps... Asked 2/16/12, 1:20 am in United States California Credit, Debt and Collections Law
It has been six months since I won a one million seventy nine thousand judgement... Asked 2/15/12, 1:23 pm in United States California Credit, Debt and Collections Law