Suing a mover

[jamescphillips]

What is the name of your state (only U.S. law)? Colorado

I am suing my moving company in small claims court. The contract was written from the moving company to my wife's name. How big of a problem is this? We moved from Texas to Colorado. We live (and always have) together...moving from the same address to the same address. Documents for the contract were sent to MY email address. Further communications with the mover were directed to me from the defendant. Will I need to re-file under my wife's name? I would think that under some sort of law that I am eligible to sue on that contract.

 

[Zigner]

What is the name of your state (only U.S. law)? Colorado

I am suing my moving company in small claims court. The contract was written from the moving company to my wife's name. How big of a problem is this? We moved from Texas to Colorado. We live (and always have) together...moving from the same address to the same address. Documents for the contract were sent to MY email address. Further communications with the mover were directed to me from the defendant. Will I need to re-file under my wife's name? I would think that under some sort of law that I am eligible to sue on that contract.

You were not a party to the contract.

 

[jamescphillips]

You were not a party to the contract.

So then to fix this, does she need to show up as well? Or re-file under her name?

 

[ANST]

I'm not an Attorney. I have sued a moving Company before. They will deny everything and take you through unnecessary misery just not to pay you. I suggest you and your wife file suit together. This would erase the name game issue. My suit took more than a year. Good Luck!

 

[Zigner]

So then to fix this, does she need to show up as well? Or re-file under her name?

I don't know if it's possible to add her as a plaintiff to your suit. It might be worth it to sit down for a short consult with a local attorney.

However, if you were to request that the case be dismissed without prejudice, then your wife should be able to re-file.

 

[Zigner]

I'm not an Attorney. I have sued a moving Company before. They will deny everything and take you through unnecessary misery just not to pay you. I suggest you and your wife file suit together. This would erase the name game issue. My suit took more than a year. Good Luck!

Yes, but the OP's situation is a bit different - he's already (incorrectly) filed.

 

[ANST]

Go back to the courts and refile for correction if possible or maybe file a motion to the orginal adding her name.

 

[jamescphillips]

Go back to the courts and refile for correction if possible or maybe file a motion to the orginal adding her name.

That is what I'm going to do. I spoke with the county clerk and my court date next week is for pre-trial / mediation.

The mover called and (in addition to verbally abusing me) said that I didn't have a case since the contract was with my wife.