Can I take a moving company to small claims court for being in breach of contract?

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Can I take a moving company to small claims court for being in breach of contract?

They delayed my move with lead to numerous additional expenses on my end. They also left several items they agreed to take which I now have to pay someone to drive across country with. They are also charging me for weight of items they did not pack. I am asking for a discount in the amount of my addional charges and to pay for only 75% packing. Is it worth small claims? The company is national.

Asked on November 21, 2012 under Business Law, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue the moving company for breach of contract in Small Claims Court.  Your damages are  the amount of monetary compensation you are seeking in your lawsuit plus court costs.  Court costs would include the court filing fee and process server fee.

Since the moving company is a national company, it may have an agent for service of process in your state which means you can serve the agent with your lawsuit.  You can obtain this information from the office of the Secretary of State in your state.  If the company does not have an agent for service of process, you can serve the company by having a process server in or near the city where the corporate headquarters are located serve the company at its corporate headquarters with your lawsuit.  You can find process servers either online or in the Yellow Pages under attorney services.


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