Property Damage

What is the name of your state?What is the name of your state? GA

I had my home moved by a transport company recently and was told over the phone twice to leave all my belongings inside and everything would be safe. Well, to make a long story short (I will go into more detail if needed), there was a lot of damage done to the house. The reason being the house was too heavy, too well built he said. The estimate of damage I got was $800.00. Now I am being sued by the mover because (after speaking with an attorney) I paid him all except the $800. I will be going to a magristrate court in a few weeks and need to know what the procedures are. I have never been to court. What do I need to take? Do I have to pay witnesses? Any info will be helpful.

Also, since we have video of before and after, who is responsible for the damage? The mover is insured. He did admit to damaging one wall, while the A/C man was here. He also at one point told me he would take care of the labor if we paid for materials. I refused. He then said anything in the center of the house was his doing, well that is not good enough for me either. He asked one of his workers to repair all of the damage but the worker didn't know how to. I want my home the way it was before he moved it but he can't decide what he is willing to do. What are my rights?

This is too much for me.

Whomever 'advised' you to withhold payment in the amount of $800 was either not versed in contract law or not an attorney. You basically unillaterally changed the contract existing at the time of the move and that in and of itself will hurt your chances to maintain an obligation on the part of the mover.

Your damage and the contractural price for the move are two separate issues.

At this point I see only two options for you: Pay the $800 and then sue the moving company for damages incurred or;

Take your chances in court with what proof you have as to the damages.

I was advised by our closing attorney to withhold the $800. He told me to let the company take us to court if they chose. We were to use that money to pay for the repairs.

We have absolute proof that it was not damaged before, we have a dated video taken the day before it was moved and many witnesses. We will be getting 2 more estimates done, is that enough? Do the ones who do the estimates need to appear in court?

Oh, and there was only a verbal contract. After the work was done and I inquired about the damage, he raised the price on us - which is no big deal since there was no written contract. Although, WE did some of the work he was suppose to just to help him out. I don't think it would be fair for him to damage our home while it was in his care and make us pay for it. Isn't that what insurance is for? If he does win, can I file something with his insurance company?