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

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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