What can be done regarding a moving company who didn’t deliver?

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What can be done regarding a moving company who didn’t deliver?

This is regarding a move from CA to ID. It was loaded over 2 months ago and still hasn’t been delivered. We’re getting runaround big time. The clients are elderly and need their goods ASAP.

Asked on December 3, 2017 under Business Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The clients can sue the insurer. They would file a lawsuit for the sum of the value of the goods not delivered and any additional costs they incurred in the meantime (e.g. if they had to rent furniture while waiting for their delivery). They would file based on several grounds, or legal reasons: 1) breach of contract (not fulfiling the agreement to deliver the goods); 2) theft (stealing the goods); 3) negligence (losing their goods carelessly); 4) fraud (lying about what the company could or would do)--when you don't know exactly what happened or how, the law lets you "plead" (build your case based on) all the different potential ways things went wrong. They would need an attorney to bring the case for them, unless one of them is wiling and capable of acting as his/her own attorney ("pro se"). When filing the lawsuit, it is possible to seek "emergent" (think: "urgent" or "emergency") relief in the form of a court order requiring faster action, such as the as-close-to-immediate-as-possible return of the missing goods, by showing the court the ongoing harm they are suffering. They are not guaranteed to get the relief they want fast, but filing for emergent relief increases the likelihood of a quick resolution. Filng for emergent relief, however, increases the procedural complexity of the lawsuit, and therefore makes it even more imperative that they hire a lawyer to help, unless they are very comfortable with the legal system.


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