Legal Question in Consumer Law in Virginia

Moving Contract/Services

I recently contracted with a moving and storage company and don't feel that they provided the contracted services. They were extremely late (7 1/2 hours and 5 1/2 hours), they provided numerous inaccurate arrival time, misreprensted the reasoning for the delay, the truck was too small to move all of the items and I had to use a personal vehicle, and the staff was inexperienced. Additionally, a large number of items were damaged. I have tried to work with the company and the issuing bank of my mastercard account to neogiate a refund of the contracted rate, with no success. The company is also refusing to process my insurance claim. Can I file a claim in small claims court to recover fees paid, repair/replacement of damaged items, and lost wages?


Asked on 7/06/00, 2:27 pm

1 Answer from Attorneys

Daniel Hawes Hawes & Associates

Re: Moving Contract/Services

Yes.

Before you do, you'll want to know the exact name of the business you intend to sue, whether it's a corporation or not, and whom to serve with the papers. Getting that information is not as easy as it sounds, since many businesses "hide" behind a trademark or an unregistered fictitious name.

Secondly, you'll need to know the elements of the cause of action as to which you want the business held liable, and the basis of any damages you claim. You'll need to have admissible evidence at trial to prove both liabiliby and damages. That means you need to understand the rules of civil procedure and evidence in order to present your case at trial.

You may be interested to know that many statutes you could sue under provide for an award of attorneys' fees. That being the case, it couldn't hurt to talk to a lawyer first; many will discuss the case with you for free, to give you an opportunity to determine whether you want to hire them, and to give them an opportunity to decide whether it's the kind of case they want to take. I suggest you look up "lawyers - consumer protection" in the yellow pages and call a few.

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Answered on 9/08/00, 9:44 am


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