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Property Damage by Moving Company

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To pay the bill or deduct the damages?

I have recently moved and hired a local company to move me across town. No written contract was every drawn-up or signed by me. The company overall did a good job, however when moving my refrigerator into my new home (kitchen) they gauged my new floor. They annotated on the work order, however now they are trying to say I did the damage to the floor! And refuse to have it repaired for me. The repair would cost about $150.00 dollars, however this will not restore the floor to its original condition. My question is do I deduct the $150.00 from the moving bill ($380.00 total) dollars and what consequences could I suffer or do I pay the bill and then take them to small claims court?

Confused on my rights :confused:



I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well, at this point, it is sort of pointless to talk about a breach of written contract.

Here, although you didn't have a written contract, you did have a verbal agreement and performance. You expect their performance to conform to reasonable expectations. Such damage should be repaird by them, in good faith.

Pay the whole bill with a notation on the check stipulating you contest $150.00 of it for repairs.

Then take them to small claims. bring a copy of that check and the annotation on the work order.


I feel for your situation. I moved about 2 months ago and the moving company broke my 1800.00 television. We found out after the fact that when they say that tey are "Bonded and Insured" that doesn't mean that you will be fully compensated for damages. This insurance company that we used is only liable for $.60 per pound, but not to exceed the total cost of the move. Unfortunatly we did sign a contract and didn't understand this fact at the time. When we contacted the owner of the moving company he told us that the men that actually did the moving job said that my husband pushed the t.v. over. I contacted my the Texas Department of Transportation and they are doing their own investigation, I also contacted the Better Business Bureau. Another place that was a big help was our local news station. Many have a Consumer Help Department that handles just these sort of stories. They gave me about 15 numbers to call for help. Sometimes they will put the story on the news and that is always bad publicity for the company at fault.

In the end we agreed to settle for a full refund of the move, which was only $375.00. But I don't have the time to go to small claims court and didn't feel like fighting about it any more. But I haven't received my check yet so we will see what happens. So good luck and it always helps to get some big agencies (Department of Trans.) to help you out because in most states they do have regulations that all moving companies must abide by.

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